Mundelein Pedestrian Accident Lawyer
Why You Should Hire a Pedestrian Accident Attorney
If you were struck by a vehicle while walking, jogging, or biking in Lake County, hiring pedestrian accident lawyer Bogie Martinovich is one of the best decisions you can make. Most pedestrian accidents cause severe injuries that require ongoing medical treatment and lost time from work. Significant medical expenses, changes to your daily life, and lost wages while you’re recovering can drain your savings in no time.
Although you should be able to file a personal injury claim and recover compensation without hesitation, that’s usually not the case for injured victims in Illinois. In fact, without pedestrian accident lawyers on your side, getting the insurance company to offer you a fair settlement is going to be next to impossible.
Experienced personal injury attorney Bogie Martinovich has been successfully handling pedestrian accident cases in Lake County, Cook County, and McHenry County for over 30 years. Our law firm will help make sure the liable party is held accountable, and that you’re not left to pay for the harm that they caused.
If you suffered injuries or your loved one was killed, call pedestrian accident attorney Bogie Martinovich at (847) 996-1350 for a free consultation.
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Why Do Pedestrian Accidents Happen?
Pedestrian accidents occur for a number of reasons in Lake County, but driver distractions and failing to obey traffic signals are leading causes.
According to the Centers for Disease Control and Prevention, walking is part of a physically active routine for more than 145 million adults across the U.S. Some walk for transportation, while others do so as part of their daily activities or for relaxation, exercise, or fun.
While walking instead of driving offers ranging benefits, sharing the road with motor vehicles puts pedestrians at risk of getting struck and seriously injured, or killed.
Some of the most common types of accidents that pedestrian accident attorneys see include the following.
Left-Turn Accidents
Left-turning drivers often have green lights when pedestrians have a walk signal at a marked crosswalk. This may contribute to an increased likelihood of pedestrian accidents at intersections. Blind spots can make it difficult for drivers to see pedestrians as they are accelerating into their turns, raising the risk for crosswalk accidents. Chicago area pedestrian accident lawyer Bogie Martinovich can help pedestrians who are injured in left-turn accidents prove that a negligent driver caused the collision.
Bicycle Accidents
Bicycle accidents are another type of pedestrian accident that occurs on the roads throughout Illinois. Without exterior frames to surround them, and safety features to protect them, cyclists who are hit by motor vehicles often suffer serious or fatal injuries. Our personal injury law firm recognizes the challenges that bicyclists face when they are struck by passenger vehicles. If you were injured or your loved one died in a car vs bicycle accident, experienced pedestrian accident lawyer Bogie Martinovich can help you file a claim with the driver’s auto insurance company to recover fair compensation.
Backup Accidents
Backup accidents occur when a negligent driver hits a pedestrian while reversing out of a driveway or parking spot. Although backup cameras and other types of technology are designed to reduce the number of serious and fatal pedestrian accidents that occur, they are not entirely effective. When drivers fail to check for pedestrians when backing up, or they rely too heavily on backup cameras, they put people at risk. Sadly, these types of pedestrian crashes commonly result in severe injuries or death, and young children are usually the victims.
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Bus Accidents
Negligence, distraction, drugs or alcohol, and failing to check blind spots often contribute to bus vs pedestrian accidents. As passengers approach buses to load, or exit buses to continue on foot to their destination, they are often hidden from the driver’s view. Pedestrian accidents involving buses are most common around schools and school bus stops, and young children are most vulnerable. Public transit riders of all ages are at risk as well, however. In these types of pedestrian crashes, the bus driver, bus company, or government or local agency may be liable for damages.
Distracted Driving Accidents
Drivers have a responsibility to keep their attention on the safe operation of their vehicles. However, many engage in distracting behaviors or actions that put pedestrians and bicyclists at risk. Distractions include anything that takes a driver’s hands off the wheel, eyes off the road, or attention away from the road ahead. Some of the most common distractions drivers face while behind the wheel include:
- Eating or drinking
- Changing the radio station or adjusting the volume
- Talking to passengers or on the phone
- Text messaging
- Using the in-vehicle navigation system
Engaging in these and other distracting behaviors may increase the chances of drivers not seeing pedestrians. Consequently, they may have an increased likelihood of hitting pedestrians and causing serious or fatal injuries.
Proving distractions in a pedestrian accident case often involves gathering evidence like cell phone records, dashcam footage, and witness statements. Pedestrian accident attorney Bogie Martinovich has the knowledge, skill, and resources available to help you prove that distracted driving caused your pedestrian crash.
Reckless Driving Accidents
Reckless driving involves motorists disregarding traffic control signals, signs, and rules. In doing so, they may miss changes in the traffic conditions or hazards, travel too fast for the given road or conditions, or otherwise fail to operate their vehicles in ways that could help them avoid pedestrian accidents. This endangers the drivers and their passengers, as well as the other drivers and pedestrians with whom they share the roads. Some of the most common reckless driving behaviors that end with an injured pedestrian include:
- Speeding
- Following too closely
- Making unsafe lane changes
- Failing to yield the right of way
- Neglecting to signal
- Failing to obey traffic signals or signs
Reckless and aggressive driving behaviors commonly contribute to motor vehicle vs pedestrian crashes that cause severe injury to victims, and even pedestrian deaths. Without personal injury lawyers who have experience with these types of car accidents, however, proving that reckless or aggressive driving occurred can be tricky.
Experienced pedestrian accident lawyer Bogie Martinovich will work with accident reconstructionists and other expert witnesses, gather witness statements, and obtain evidence from dashcams and surveillance cameras, to prove that recklessness or aggression contributed to your crash.
What to Do if You Suffered Injuries in a Pedestrian Accident
Libertyville and Chicago pedestrian accident attorneys frequently handle personal injury cases where victims make seemingly insignificant mistakes that make recovering compensation more challenging.
Sometimes these mistakes have to do with neglecting to follow up with a healthcare professional or to comply with doctor’s orders after an accident. Other times, victims simply talk to the wrong representative, say the wrong thing, or post on social media, unknowingly jeopardizing their right to recover fair compensation.
If you were hit by a car as a pedestrian, the actions you take in the moments and days following your injury will be significant in preserving your wellbeing and your right to recover compensation. Personal injury attorneys recommend taking the following steps after a pedestrian crash:
- Report the traffic accident to law enforcement and get a police report started
- Seek medical attention immediately, even for seemingly minor injuries
- Get contact information from the driver
- Photograph the accident scene if you are able
- Consult with a Libertyville pedestrian accident attorney to learn more about filing a pedestrian accident lawsuit
A personal injury law firm that handles pedestrian accident cases will help you understand your legal options, so you can make informed decisions about how to proceed with your case. If you decide to file a pedestrian accident lawsuit, your attorney will negotiate with the driver’s insurance company on your behalf. If a fair settlement cannot be reached, an experienced pedestrian accident lawyer will help you take legal action to recover fair compensation.
What Compensation Can You Recover After a Pedestrian Accident?
Libertyville area pedestrian accidents can lead to serious injuries, which often result in significant costs – both economic and non-economic. Although filing a pedestrian accident claim or personal injury lawsuit won’t erase the emotional anguish or physical pain your accident caused, recovering compensation can make your struggle a little more bearable. If your injury claim or civil lawsuit is successful, you could receive economic, non-economic, or punitive damages.
Economic damages include the quantifiable losses incurred because of your pedestrian vs car accident. For example, this may include your current medical bills and projected future medical expenses, reimbursement for your lost wages, and compensation for your loss of future earning capacity.
Non-economic damages are the intangible losses associated with pedestrian accident injuries. Unlike lost wages and medical bills, which come with a set monetary value, non-economic damages are subjective. They include your pain and suffering, loss of enjoyment, loss of consortium, or other such losses that lack quantifiable monetary amounts.
Punitive damages are sometimes awarded to punish motorists for egregiously negligent behavior or to serve as a deterrent to keep others from engaging in the same or similar behaviors. When punitive damages are awarded, the amounts can be substantial.
Contact Pedestrian Accident Attorney Bogie Martinovich for a free consultation. Call (847) 996-1350
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Common Injuries in Pedestrian Accidents
Without any vehicular exterior to provide protection, pedestrian accident injuries are often catastrophic or fatal. According to the Illinois Department of Transportation, there were 3,738 pedestrian accidents across the state in 2021. Of these crashes, more than 3,400 resulted in some level of serious injury, 852 in incapacitating injuries, and 213 in pedestrian fatalities. Some of the most common injuries Libertyville and Chicago pedestrian accident lawyers see include:
Traumatic Brain Injuries
Violent blows or jolts to the head, such as those that occur when pedestrians get struck by vehicles, sometimes cause brain dysfunction. This group of injuries are collectively referred to as traumatic brain injuries. TBIs may have effects ranging from blurry vision and difficulty concentrating to convulsions or seizures and death. Pedestrians who suffer TBI’s often need emergent medical care, as well as ongoing treatment to manage their injuries and the resulting symptoms, which can lead to undue medical bills and other costs.
Spinal Cord Injuries
Sudden impact to the spine may cause injury to the spinal cord, or bundle of nerves and cells that relays messages from the brain to the rest of the body. Referred to as spinal cord injuries, such trauma commonly results from pedestrian accidents, and may leave people with partial or full paralysis.
Depending on factors, such as the type and severity of their injuries, pedestrians who suffer neck injuries or other spinal trauma may never return to their pre-accident work status, and have to make other lifestyle changes. Personal injury attorneys and law firms that handle pedestrian accident cases help injury victims value these losses and make sure they are included when seeking compensation.
Broken Bones/Fractures
With over 200 bones in the body and no vehicular protection, pedestrians involved in accidents commonly suffer broken bones. Such injuries often take substantial time to heal, and may prevent people from working while they recover. Injured pedestrians may need immobilization or surgery to help reset the bones and ensure they heal in the correct positions.
Soft Tissue Damage
Pedestrian accidents commonly lead to soft tissue damage, such as sprains, strains, bruises, and cuts or gashes. Some of these injuries have a short term effect on injury victims’ lives, while others take substantial time to recover or never do, and require surgery or other medical treatments to properly address and avoid complications, such as infections.
Internal Injuries
The impact of vehicles hitting pedestrians often causes visible injuries. However, it also commonly leads to penetrating or blunt trauma of the internal organs and structures. Left untreated, internal injuries may have catastrophic or fatal effects.
Frequently Asked Questions About Pedestrian Accidents
How Long Do I Have to File a Pedestrian Accident Claim?
Pedestrian accident claims fall under the same legal category as personal injury claims. If you are injured, you need to take legal action right away. In Illinois, you generally have just two years from the date of the accident to file a lawsuit for injuries sustained on someone else’s property. Time limits may be longer or much shorter for your case depending on a number of circumstances, including the status of the victim, such as a minor or being disabled. So, if you fail to take legal action before the deadline, you could be barred from recovering compensation.
Filing as soon as possible has its benefits. Filing sooner helps to preserve your evidence, including availability of witnesses, and keeps your claim well within the statute of limitations.
Who Is Liable in a Pedestrian Accident?
Varying parties, but most commonly the at-fault driver, bear liability when pedestrian accidents happen. Others whom you may seek to hold financially responsible for pedestrian injuries include the driver’s employer, the company that performs maintenance on the involved vehicle, or the government agency that operates the vehicle service. In some instances a landowner that created an unreasonably dangerous condition that caused a bicycle to become unstable causing the cyclist to fall may also be liable.
A Lake County injury lawyer will thoroughly investigate your pedestrian accident case and help identify all parties who might share liability for your losses.
What Happens if a Pedestrian Causes an Accident?
Not all pedestrian accidents are caused by the actions of drivers alone. If you share responsibility for the wreck that resulted in your injuries, the role you played in causing the crash may affect your settlement or jury award. Illinois law does not bar you from recovering compensation if you share the fault for a pedestrian accident, as long as you are not more than 50% at fault. However, your recoverable damages may be reduced by a percentage equal to that of the fault you were assessed in causing the crash.
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Our practice focuses on representing the rights and interests of those harmed due to the negligent or reckless actions of others. Understanding your rights may help you protect your interests and ability to recover compensation if you suffer injuries in a pedestrian accident case.