If you were jaywalking, you may still have a case. Under Illinois modified comparative negligence law, you may recover compensation if you are 50% or less responsible for the accident. However, any compensation may be reduced based on your percentage of fault.
When Could The Driver Be At Fault?
Even if you did not have a walk signal to proceed, or were crossing outside of a crosswalk, the driver may have still been negligent.
Examples include:
- Speeding
- Ignoring traffic lights or signs
- Driving distracted/impaired
- Failing to properly brake or look out for pedestrians
It can be difficult to prove negligence of this nature alone, that’s why it’s important to have an experienced personal injury attorney to help.
What Should You Do After a Pedestrian Accident?
If you have been hit by a vehicle, taking the right steps can protect both your health and legal rights.
- File a police report. This can be important evidence when determining faults.
- Seek medical attention. Even if you feel okay, get checked out for concussions, internal and external injuries
- Gather evidence. Photos or videos either from surveillance cameras or dashcams nearby. This can be helpful when pursuing a case.
- Speak to a personal injury attorney. A personal injury attorney can help you navigate your case and understand your rights.
In states like Illinois, a pedestrian can still recover compensation even if you are not at a crosswalk. Jaywalking may limit your case slightly, but it is still recommended that you talk to an attorney especially if you have suffered severe injuries, lost wages, or significant physical or emotional pain.
We’re Here to Help
Pedestrian accidents can be stressful and legally complex, no matter the context of your injury. Our team at the Illinois Hammer can help. Our attorneys have extensive experience representing injured pedestrians throughout Illinois.
We can help investigate the circumstances of the crash, gather the necessary evidence, and fight for the compensation you deserve. It can be challenging to navigate a case alone – we can handle the legal process, while you focus on recovery. If you’ve been injured, contact The Illinois Hammer here or call (888-4-HAMMER) to get a team that knows how to win on your side.
