Over 5,000 pedestrians die and 78,000 are seriously injured at the hands of negligent drivers every year. Most of these incidents are attributed to poor property maintenance, significant defects in parking lots or sidewalks, harmful materials or debris on public walkways, and construction-related accidents.
If you or a loved one has been injured due to the negligence of a motorist, you may have questions regarding filing a case against the responsible party. Here we have answered some common questions clients ask our experienced auto accident attorney.
Q: What if the accident was partially my fault?
A: Illinois has the modified comparative negligence statute as the standard of recovery, as laid out in 735 ILCS 5/2-1116. So, depending on the degree of your fault, you will have to bear some responsibility, which may reduce the amount of compensation. For example, if you were 50 percent at fault, the compensation would be reduced with the same percentage.
Q: What if an uninsured or underinsured driver caused the accident?
A: If a loved one was injured or killed by an underinsured or uninsured motorist, you may have to look at your automobile or life insurance policy for coverage to receive compensation for your damages.
Q: What is the duty of a pedestrian to avoid accidents?
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Q: Does a motorist have any special duty or care towards a pedestrian under Illinois law?
A: Both drivers and pedestrians have the responsibility to exercise general care when using roads. But the amount of care for the driver is greater, as they are operating a motor vehicle capable of inflicting serious damage, resulting in severe injuries or death. Motorists have a duty to have complete control over their vehicles to prevent hitting a pedestrian or crashing into other drivers sharing the road.
Q: How long do I have to file a claim or lawsuit after I am injured?
A: In Illinois, the statute of limitations for auto accidents involving pedestrians is two years. The time starts from the day you were injured. If you do not file a case within this deadline, your claim will be dismissed thereafter.
Q: What damages can I expect to recover?
A: You may recover damages, including present and future medical expenses, pain and suffering, and income loss. If the conduct of the defendant was extreme, you may be entitled to receive punitive damages. If the plaintiff dies, their family may receive full compensation for economic and non-economic damages.
If have more questions about auto accidents or want to hire the legal services of our attorney, you should contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation.