Who Is at Fault in a Pedestrian Accident?

Illinios accident lawyer,  Illnois personal injury attorney,When getting in an auto accident, it is easy to blame the other person for what happened. The blame may feel more justified with another car or vehicle, but when a pedestrian is hit, the driver can feel villainized. However, just because a person was on foot instead of driving a car, does not mean that they can not be found responsible for an accident.

Pedestrian Accident Statistics

Cook County alone had 155,935 motor vehicle crashes in 2015. According to the Illinois Department Of Transportation, 146 out of 5,050 car accidents in the same year involving a pedestrian in Illinois, were fatal. The majority of the remainder resulted in injury.

Auto accidents are not often straightforward, but here are two examples of when a pedestrian would, or would not, be at fault for an accident.

  • A person jaywalking, or otherwise crossing the street at an unsafe time, may be held responsible for an accident. Any driver going at a reasonable speed within the area would not be held accountable for a person stepping in front of their car, and not being able to stop in time; or
  • If a pedestrian is crossing the street at a crosswalk that says it is safe to walk, and a car speeds through a red right, then the driver would be responsible. The driver here was breaking the law when the pedestrian was following it.

A pedestrian is more likely to obtain injuries, which is why a driver may be blamed right away for an accident. However, pedestrians are often the ones crossing into spaces where they could potentially be hit by a car. There are laws in place for pedestrians to keep themselves and others safe.

How to Prevent Pedestrian Accidents

People who drive are likely to be involved in at least one minor accident during their lives. Some situations are unavoidable, but there are things you can do to help prevent getting in an accident with a pedestrian.

Be aware: Like many vehicle on vehicle accidents, an accident with a pedestrian can be avoided by paying full attention behind the wheel. You cannot control what others do, but your reaction time will be much better if not paying attention to your cell phone or radio.

Follow the law: Assuming others around you are also mindful of the rules of the road, there is no reason that you should get into an accident for driving safely. Speed limits, traffic lights, and other road features are there to keep everyone safe. Plus, if you are involved with a pedestrian in an accident, obeying the law will help prevent you from being liable.

Contact an Orland Park, Illinois Personal Injury Attorney

If a pedestrian was injured or died in an accident you were involved in, it is important to have an experienced lawyer to protect your interests. Contact an experienced Illinois pedestrian accident attorney at The Law Offices of James A. Payonk Jr. for the next steps after being involved in a pedestrian accident. Set up a free consultation by calling our office at 708-633-6005.

 

Source:

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2015%20Crash%20Facts%20with%20cover.pdf

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005