The Illinois Department of Transportation released some troubling statistics recently regarding the number of pedestrian deaths from car accidents in the state. According to the data, the number of car accident-related pedestrian deaths has increased; in the year 2014, there were 127 pedestrian deaths, while the year 2015 saw 150 pedestrian deaths. While figures have yet to be finalized for total traffic-related fatalities in the state for 2015, preliminary data suggests that there was an overall nine percent increase in total traffic deaths.
According to an article in Pantagraph, federal data indicates that pedestrian deaths are on the rise across the nation.
Why the Rise in Pedestrian Deaths in Illinois and the U.S.?
Why the number of pedestrians deaths is increasing, rather than being on the decline, is not clear. However, many believe that it could be in part due to the increased number of distracted drivers and walkers. In fact, walking-related injuries for pedestrians are on the rise, and the rise has been contributed to cellphone use (when walkers are looking down at their phones, they are unlikely to see road/sidewalk hazards, pay attention to oncoming vehicles, or be aware of traffic signs).
But pedestrians are not entirely to blame; drunk driving, speeding, distracted driving, and other acts of negligence also contribute to pedestrian accidents every year.
Who Is Liable for an Accident Involving an Automobile and a Pedestrian?
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When both parties act negligently in some way – i.e. the pedestrian is distracted by a cellphone, but the driver is traveling at an unsafe speed – knowing on whose shoulders to place liability can be confusing. Because Illinois is an at-fault car insurance state, a pedestrian can recover compensation from the at-fault driver’s bodily injury liability insurance if it can be proven that the driver was negligent, and thereby caused the accident. A pedestrian also has the right to sue the driver directly.
Of course, the driver of the vehicle also has the right to assert that the pedestrian’s actions alone, not their own, were the sole cause of the accident. If the driver can prove that the pedestrian caused or contributed to the occurrence of the accident, the pedestrian’s recoverable damages amount may be significantly diminished.
Get Legal Help after a Car Accident Occurs
If you have been in a car accident, or were acting as a pedestrian when you were hit by a car, you need legal aid. Not only may you need help in filing your claim and gathering evidence to support your side of the story, but legal counsel during the process of negotiating for a fair settlement amount or taking your case to court will also be required.
At the office of Mary Ann Covone, P.C. Attorney at Law, we understand how tragic an accident can be, and will work hard on your behalf. Meet with our experienced Chicago auto accident lawyer as soon as possible to learn more about your rights after a crash. Contact us at 708-246-4911.