Car Versus Pedestrian Injury Case? Here’s What You Need To Know
Hi guys, Chicago car accident lawyer Scott DeSalvo here.
Have you been involved in a car versus pedestrian accident resulting in an injury?
Well, this article is about car accidents where a car runs into a person walking. Lawyers usually call these ”car versus pedestrian” cases. The information in this article also covers “truck versus pedestrian” or “motorcycle versus pedestrian”.
LIABILITY In A Car Versus Pedestrian Case
The first thing which has to be evaluated is “where was the pedestrian walking”?
The idea case is where a pedestrian is walking on the sidewalk and a car jumps or a curb. Only slightly less good (but very common) is where a pedestrian is walking across the street in a crosswalk, and with a green traffic light and ‘walk’ signal.
The tougher cases are where someone is walking or standing where they are not really intended or expected to be. Every injury lawyer fears the ‘child dart out’ case, where a child or adult steps into the street from between two parked cars, and right into the path of an approaching car, truck or motorcycle. it is difficult to avoid such a collision. I also get a few calls a year from people who decide to cross the street from mid-block, perfectly happy to expose themselves to the possibility of being hit by a car because they had the decision to take a ‘shortcut’ instead of crossing at the corner or in a marked crosswalk.
As in all personal injury cases, these facts are important to know, because the first thing which must be proven is LIABILITY. That means “whose fault was it?”. Usually, a car versus pedestrian injury ends up being evaluated by a Jury as a combination of fault between the pedestrian and the motor vehicle.
Car versus pedestrian case is not much different than a regular car crash case. The case has to be analyzed by reference to the Rules of the Road (the Motor Vehicle Code) to see what rules and status the driver might have violated in causing the crash. Knowing whether he got a ticket and pleaded guilty to it is powerful evidence to establish that the driver, not the pedestrian, was at fault for the crash.
In Illinois, if the injured person is more than 50% responsible for the injury, he or she is barred from recovery. So you can see what knowing this information is very important.
What Are the DAMAGES?
Here is the truth about almost all injury cases: if the damages are large enough, it usually makes sense to proceed on a case, even if liability is a little tough to prove. That’s because the bigger the injury, the more medical care, the higher the medical bills, and the more permanent the injury consequences are to the injured person, the bigger the case.
It is easy to conclude that a personal injury lawyer’s ‘contingency fee’ is the sole reason explaining this. But that’s really not true. For example, if a case requires multiple experts and doctors as witnesses, a case can be very expensive to take to trial. Since most injury lawyers advance case costs, a lawyer might find himself spending too much money on a case to justify the expense based on the likely settlement or trial value. If all the settlement or verdict money get eaten up on case costs, neither the client nor the lawyer is going to be very happy.
Thankfully, in car versus pedestrian cases, it is usually the case that liability experts are typically not required. So in other words, there no reason to hire an accident reconstructionist if there are witnesses who can come to Court and say what they saw. And oftentimes doctors, though very expensive, are willing to say that their treatment was reasonable, medically necessary and that their bills are of a reasonable amount.
Still, taking a case to trial isn’t free, and lawyers have to evaluate the size, seriousness, and permanence of your injuries before deciding whether to go to trial. Unfortunately, when a pedestrian gets hit by a car, it usually results in some pretty severe injuries.
The human body was not meant to be hit by a 2,000 pound hunk of steel traveling at ANY speed, whether slowly or quickly. When there is such a collision it is not uncommon for the person to be thrown in the air, have broken bones, a serious head injury, all that kind of life-threatening stuff. And of course, death can and does result from such things.
GET HELP AND QUESTIONS ANSWERED
Virtually al injury lawyers I know (and I know a lot of them, all over the country) offer a free consultation. You will know you are speaking to the ‘right’ lawyer if they listen to you, give you information freely, and let you decide whether to hire them or not, rather than giving you the ‘tough sell”.
In fact, the best lawyers I know do no ‘sell’ at all. It is never a question of whether you want to hire them, but more of a matter of whether your case fits the criteria of what kinds of cases they handle at their law firm.
Pedestrian accident lawyers like this have no issue at all answering all of your questions for no charge and no obligation. And if you both agree they will consent to be your lawyer; otherwise, they might be able to refer you to a Chicago injury lawyer who is legitimate.
Whatever you do, don’t waste your time with a lawyer who is aggressive, will not or cannot answer your questions, anything like that. Deal with a person who is experienced, respectful and can answer your question.
A good lawyer who knows how to investigate a case like this can really turn a rough case that other lawyers might turn down into a profitable case. That means a case where you end up with full compensation for your injuries.
If you have questions or need an injury lawyer for ytour case, please feel free to give me a call at 312-500-4500. The call and consultation are both free.
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
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