Pedestrian Injury Attorney Tells You How To Win A Pedestrian Accident Case

pedestrian accident lawyer

October 18  

Pedestrian Injury Attorney Tells You How To Win A Pedestrian Accident Case

pedestrian injury attorney

Pedestrian Injury Attorney Tells You How To Win A Pedestrian Accident Case and Get Your Medical Bills, Lost Wages Paid and Get A Great And Fair Settlement.

When you are injured as a pedestrian, it is best to work with an attorney who is a legitimate pedestrian injury attorney with a lot of experience.  I have been handling these kinds of cases for more than 20 years.  And I can probably help you.

It is a good idea to get a free consultation with a pedestrian accident lawyer. It is free to do and you get all of your questions answered.

But in my experience, most people searching the internet for help and answers want to 'do their homework' before even thinking about consulting with an attorney.  That's why I wrote this article.  So that people who are hurt crossing the street or who suffer an pedesitran injury can know how these cases work and what to expect.

"What If I Just Want To Know My Case Value Without Talking To A Pedestrian Injury Attorney?

No problem.  That's exactly why I created the "Case Settlement Calculator".  And it is free to use.  Check it out below.

Want To Know Your Injury Case Value?  Calculate What Your Case Is Worth For Free...

The Two Kinds of Pedestrian Accident Case

When we talk about pedestrian injuries, there are usually two ways that they happen.

First, the pedestrian may get hit by a car. This is common when someone is crossing the street. And it doesn't matter whether there are traffic lights or signals.

Distracted driving is a major cause of car crash injuries. And any competent pedestrian injury attorney will tell you that they that distracted driving is the number one reason why pedestrian injuries happen.

The State of Illinois is doing what it can to burb distracted driving.

Illinois law prohibits the use of hand-held phones, texting or using other electronic communications while operating a motor vehicle. Hands-free devices or Blue Tooth technology is allowed for persons age 19 and older.

Even using hands-free technology is considered a distraction while driving and can be dangerous. If you must make a phone call, even with hands-free technology, it is recommended that you pull off to the side of the road before making the call.

pedestrian injury attorney

The only time Illinois drivers can use a cell phone that is not hands free is:

  • To report an emergency situation.
  • While parked on the shoulder of a roadway.
  • While stopped due to normal traffic being obstructed and the vehicle is in neutral or park.

Drivers who are in a crash resulting from distracted driving may face criminal penalties and incarceration, and pedestrian injury attorneys will make sure of it.

The second kind of pedestrian accident case involves a pedestrian who falls on a sidewalk or into crosswalk. It is usually because of icy or snowy conditions or a defect on the property. This could be public property, or private property.

No matter what your pedestrian injury case is about, we will discuss it below.

Pedestrian Accidents Involving A Car Accident Or Motor Vehcile

In situations where a car bicycle motorcycle or other motor vehicle hits a pedestrian while crossing the street, as we discussed above, distracted driving is one of the primary reasons.

Distracted driving can mean a number of things. It can be as simple and innocuous as someone was driving in a new area who is looking for the address of their destination. Or it could be someone who is a new driver and is unfamiliar with the operation of a car on a busy street.

Distracted driving resulting in a pedestrian injury scales all of the way up on the "blame scale" to people who are texting on their cell phone or looking up information on their phone while driving. Obviously, these are very dangerous things to do, but they result in pedestrians being hit by a car all the time, unfortunately.

That's not the only way it happens though. It can happen in the following ways:

  • Putting on makeup.
  • Eating while driving.
  • Dropping something on their car seat or on the floor and attempting to get it.
  • Tuning a car radio.

Really, the causes are endless. But the results are the same: injuries to pedestrians crossing the street.

Pedestrian Fell On the Sidewalk

Falls on the street are a little bit different. I've represented a lot of people who fell as a result of a whole or cracked curb when someone is walking in a crosswalk.

The pedestrian is obviously looking forward to make sure they don't bump into other pedestrians and also to make sure that they remain in the crosswalks. Most never ever see the whole before they fall.

They only notice the fall after they feel their foot getting caught, and after they look down into the crosswalk after their fall.  it is normal and to be expected, but the involved insurance company tries to make normal behavior seem negligent.

And as any good pedestrian injury attorney will tell you, that means they deny your case and try to pay nothing.  That's true no matter how serious your injuries from the fall might be.

Falls On Ice or Snow

The other type of fall involves falling due to ice and snow. As I discussed elsewhere, you usually cannot win and fall on ice and snow case unless there is an "unnatural accumulation".

That just means that there is a gutter or dripping awning or other item or feature of the property where you fell which is redirecting ice and water into a puddle somewhere. That is not considered a natural accumulation.

It is also one of the most common ways a pedestrian injury happens.

Pedestrian Accidents Frequently Asked Questions

Here are some of the most commonly asked questions with answers.  This way, you will have some idea and will have a better idea what to expect if you got hurt in a fall.

How common are pedestrian accidents?

The National Highway Traffic Safety Adminstration (NHTSA) keeps statistics on pedestrian accidents.  The bad news is that pedestrian innjuries and deaths as a result of being hit by case is on the rise.  

Someone is killed in a pedestrian accident every 88 minutes in the United States.  And, there was a more than 3% increase in the number of pedestrians killed in traffic crashes in 2018, totaling 6,283 deaths — the most deaths since 1990.

More recent numbers suiggest that the problem is getting worse, not better.

The primary cause?  Distracted driving.

It is a very common problem that most people do not pay enough attention to.  And the injured pedestrian pays the price.

How can you prevent a pedestrian accident?

11 Walking Safety Tips
  1. Be predictable when you walk. Follow the rules of the road and obey signs and signals.
  2. Walk on sidewalks not the street if they are available.
  3. If there is no sidewalk, walk facing traffic and as far from traffic as you can.
  4. Keep alert at all times; don’t be distracted by electronic devices that take your eyes (and ears) off the road.
  5. Whenever possible, cross streets at crosswalks or intersections. That's where drivers expect pedestrians. Look for cars in all directions, including those turning left or right before proceeding.
  6. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Do not cross in a 'blind spot' because if you cannot see traffic, traffic cannot see you.Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
  7. Never assume a driver sees you. Make eye contact as they approach to make sure you are seen.
  8. Be visible at all times. Wear bright clothes during the day, and wear reflective materials or use a flashlight at night. or avoid walking in dark areas at night.
  9. Watch for cars entering or exiting driveways, or backing up in parking lots.
  10. Avoid alcohol and drugs when walking; they impair your abilities and your judgment.
  11.   Even if 'you have the light' pause before entereing the street to make sure approaching traffic is really going to stop.
9 Driving Safety Tips
  1. Look out for pedestrians everywhere, at all times. Safety is a shared responsibility.
  2. Use extra caution when driving in at nighttime or bad weather.
  3. Slow down and be prepared to stop when near a corner or a crosswalk.
  4. Yield to pedestrians in crosswalks and stop well back from the cross-walk.
  5. Never pass vehicles stopped at a crosswalk. There may be people or children crossing that you can’t see.
  6. Never drive under the influence of alcohol or drugs.
  7. Follow the speed limit, especially around people on the street. Reduce speed below the speed limit if the weather is bad or it is dark outside.
  8. Follow slower speed limits in school zones and in neighborhoods where children are present.
  9. Be extra cautious when backing up—pedestrians can move into your path.

What kind of injuries result from a pedestrian accident?

The human body was not built to take a hit from a car.  They are made of steel.  We are made of all too. breakable flesh and bone.

Even a small, low speed hit from a car can cause major injuries.  And any fall due to a pedestrian accident can result in serious injuries.

Here are the most common injuries pedestrian injury attorneys see:

  • Contusion to the head and concussion.  Usually when the car strike a person or their head hits the ground.
  • Shoulder and hand injuries.  It is common for a person who gets hit by a car to reach out their hands to brace for impact.  Or they use their hands to break their fall, and it is their hands and a shoulder which take most of the force.
  • Neck and back injuries.  the sdame forces which cause whiplash all the way through disc herniation and the need for spine surgery when it happens inside a car?  Well, they are multiplies by many time when a car hits a pedestrian.  You do not have the benefit fo the bumper and seats and seatbelts helping you to avoid injury when you are outside your car.
  • Paralysis, Death.  When 2,000 pouunds of fsteels meets the human body at high speed, we should not be surprised.  But the loss of as human life always shocks us.  And serious injuries and paralysis are amongst the most tragic a nd life chaning injuries imaginable from a pedesitran accident.  That's not just for the injured person, but their family and friends as well.

As you can see, pedestrian injuries are serious.

How much is my pedestrian accident worth?

You can use free, no obligation Settlement Calculator to find out a rough number.

Want To Know Your Injury Case Value?  Calculate What Your Case Is Worth For Free...

But the best thing to do is to tell me about your case, and ultimately for us to talk.

In a free consultation with a pedestrian injury attorney, I can ask you the important information a lawyer really needs to know to give you a far better answer to that question when you get hurt in a pedestrian accident.  

Contact a Pedestrian Accident Lawyer Today

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About the author - Scott D. DeSalvo

I've been helping injured people just like you for my entire 20+ year career in all kinds of injury cases, and I can probably help you, too.

You can call me 24/7/365, any time, day or night, to get a free copy of the Injury "Cheat Sheet" which gives you the Five Secrets to winning your injury case. 100% free & no obligation.

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