Cars are not the only things to use streets and roads to travel but rather must share that space with other vehicles, including motorcycles, bicycles, trucks, and buses. Pedestrians also are allowed to use roadways to travel but generally are restricted in their use to only intersections and in some places, only those intersections with crosswalks available. However when a pedestrian is within a marked crosswalk and has the right-of-way, it is every driver’s duty in Illinois to yield to the pedestrian and to wait until the pedestrian clears the area before proceeding forward. Following this rule should allow pedestrians and motorists to remain safe as they share the intersections.
Yet in some cases, a motorist fails to yield the right-of-way to a pedestrian and places his or her vehicle in the pedestrian’s path, causing a collision that nearly always leaves the pedestrian injured. It is in those cases that a pedestrian may wish to consider legal help from a pedestrian lawyer to learn whether there is a potential claim against the responsible driver. The facts of each case are specific and are what determine whether a claim for damages is available.
Any financial damages sought may be only part of the damage facing an at-fault driver when a pedestrian is injured or killed as the State of Illinois may bring traffic or criminal charges against a driver who causes a crash. Recently, charges for reckless homicide were filed against a 64-year-old Cicero man who hit and killed a pedestrian in September of 2012.
According to police and court records, the defendant was driving a van on West Ogden Avenue when he attempted to turn left. A 64-year-old woman was crossing the intersection and had the right-of-way when the defendant turned, causing the defendant to strike the woman with his van; the victim died of her injuries later that day.
Following the accident, the defendant remained at the scene and reported the incident to police. As the man was on a supervised license following an unrelated driving under the influence charge, tests were conducted to determine if impairment was a factor, but all tests revealed no intoxicating substance in the defendant’s system at the time of the crash. He is currently being held in lieu of $50,000 bond while he awaits trial in this matter.
Following a collision between a vehicle and a pedestrian, it can be difficult to determine who was at fault and who is to blame for the collision. It may not be readily apparent whether either individual or all parties may have a claim for their damages which is one big reason to consider speaking with an attorney following a collision.
If you have been injured as a pedestrian by the negligence of a driver, call our legal team 24 hours a day at (855) 529-2442 or locally at (312) 924-7575 and let us provide you with a free telephone consultation. There is no obligation on your part and the consultation is confidential. At Abels & Annes, P.C., we believe all injury victims deserve to have their rights protected and we want to help you obtain the maximum recovery possible for your injuries, so call us now and let us help you.
Prior Blog Entry:
Pedestrian Killed by Metra Train in Buffalo Grove, Chicago Personal Injury Lawyer Blog, published November 23, 2013.
Man held on $50K bail in fatal 2012 accident, by Geoff Ziezulewicz, Chicago Tribune, published November 24, 2013.