Just about everybody is a pedestrian at some point. Whether walking from your car to the supermarket or taking an evening stroll, getting from one place to another without the protective structure of an automobile makes you less visible and more vulnerable to potential traffic accidents. Injuries from these collisions can be devastating to your health, finances, and emotional well-being.
While many people recognize that they may be eligible for compensation after suffering injuries in a pedestrian accident, they might still have questions about where that compensation comes from and how to access it. Working with an experienced Illinois pedestrian accident attorney can help demystify the process and increase your chances of a successful claim.
Types of Insurance Coverage
Understanding how insurance coverage works in pedestrian accident cases is crucial for securing the compensation you need. When a negligent driver strikes a pedestrian, several types of insurance coverage may apply:
- The at-fault driver’s auto insurance policy – The insurer of the driver who hit you is likely the primary source of compensation for your injuries and losses. Illinois law requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury.
- Your auto insurance policy – If the at-fault driver is uninsured or underinsured, your own auto insurance may provide coverage through uninsured/underinsured motorist (UM/UIM) coverage. This coverage can help bridge the gap between the at-fault driver’s policy limits and the full extent of your losses.
- Your health insurance – Your health insurance can help cover medical expenses related to your injuries, but they may seek reimbursement from your settlement or award through a process called subrogation.
Consulting with a knowledgeable personal injury attorney can help you understand the potential sources of compensation in your case, and they can assist you in pursuing all available avenues.
Pursuing a Claim
To pursue a successful pedestrian accident claim, you will need to demonstrate that the driver’s negligence caused your injuries. Negligence is a legal term describing a person’s failure to take reasonable care given the circumstances. Proving this negligence may involve gathering evidence such as police reports, eyewitness statements, medical records, and expert witness testimony. An experienced attorney can help you build a robust case and negotiate with insurers on your behalf.
It is worth remembering that insurance companies are businesses that prioritize their own financial interests. They may try to minimize your claim or shift blame onto you to reduce the payout. Having a skilled advocate on your side can level the playing field and ensure you understand your rights throughout the process.
Maximizing Your Compensation
In addition to healthcare expenses, you may be entitled to compensation for lost income, reduced earning capacity, pain and suffering, and other losses. An attorney can help you assess the total value of your claim and fight for the maximum compensation available.
Illinois follows a modified comparative negligence rule, which means that your compensation may be reduced if you are found partially to blame for the accident. However, as long as you are not more than 50% at fault, you can still recover compensation.
Contact Stein & Shulman, LLC Today
Dealing with the traumatic aftermath of a pedestrian accident can be overwhelming, but you do not have to face it alone. Working with a compassionate and skilled pedestrian accident lawyer can give you the support and advocacy you require at this challenging time. The experienced attorneys at Stein & Shulman, LLC have over 60 years of combined legal experience and are dedicated to helping injured pedestrians secure the compensation they deserve. Contact us today for a free consultation to discuss your case and learn how we can help you move forward.
