It’s not easy to be a pedestrian in Chicago. You are vulnerable to any vehicle on wheels whether they are motorized or not. Government data from 2021 projected that drivers struck and killed 7,485 pedestrians, marking the most fatalities in 40 years.
In some accidents, the pedestrian might bear partial blame for the accident. In these cases, you may recover less money than you would have if you played no part in the accident.
If you are involved in a pedestrian accident and believe you may have partial blame, it’s important to speak with an experienced pedestrian injury attorney. They will help you understand your legal rights and options and can negotiate with insurance companies to ensure you get fair compensation for your injuries and damages. They can also take your case to court should that prove necessary.
Claims for Damages in a Pedestrian Accident
Everyone on the roads has a duty to drive, bike, walk, etc., safely. Whether the pedestrian was hit by a car, a bicycle, or a moped, they have to prove the collision was caused by the other party’s negligence in order to recover damages.
If the other party’s negligence caused the pedestrian accident, they could be liable for your medical bills, lost wages from work, any property damage, and your pain and suffering. If it was a car that hit you, the driver will probably have car insurance to cover the costs of the accident. If a cyclist was negligent and hit you, you could potentially look to that person’s property or assets to pay for your damages.
If dealing with insurance companies, you will want a lawyer to consult with before you accept any settlement offers. Once you accept an offer, it is final and you will not have any further recourse from them. An attorney can tell you if the offer is fair.
Comparative Negligence and the Impact of Partial Blame
Illinois follows the principle of “comparative fault” or “comparative negligence.” This means that if you are partially to blame in a pedestrian accident, your compensation is reduced in proportion to your percentage of fault.
For example, let’s say you were jaywalking and a car hit you and the court found you were 30% responsible while the driver was 70% responsible. If you were initially entitled to $100,000 in compensation, you will only receive $70,000 due to your 30% partial blame.
Illinois uses the modified comparative fault system, which means that if you are found to be more than 50% at fault for an accident, you will not be able to receive any compensation. You’ll want an experienced pedestrian accident attorney to help prove your case and do their best to show you are less than 50% at fault.
Call a Chicago Pedestrian Accident Attorney with Questions
If you have partial blame for a pedestrian accident in Chicago, it’s important to seek legal representation as soon as possible. An experienced pedestrian accident attorney can help you understand the process step by step. Whether through negotiation or litigation, an attorney will be extremely valuable to you as you pursue a legal claim.
