Pedestrians deserve to be safe walking down public sidewalk and walkways. Unfortunately, fatal car accidents involving pedestrians happen every day. The Centers for Disease Control and Prevention (CDC) estimates that a pedestrian is struck and killed by a motor vehicle every 1.5 hours in the in the United States. If you have lost a loved one in a pedestrian accident, you may be considering bringing a wrongful death claim against the driver. It is important to know the elements of a wrongful death case involving a pedestrian accident in Illinois.

Determining Fault in a Pedestrian Accident

If you are deciding whether or not to bring a wrongful death claim after a loved one was hit by a car, you should consider several factors. Successful wrongful death lawsuits generally involve proving negligence, recklessness, or intentional wrongdoing on behalf of the defendant. If a driver in a fatal car accident was under the influence of alcohol or drugs, he or she will likely be presumed to be responsible for the accident. Drivers have a duty to drive with caution and attention. A driver who was distracted or simply not paying attention may also be considered negligent and therefore liable for damages caused by the accident.

If the person killed in the accident was partially at fault for the accident, it may still be possible to collect compensation. Illinois comparative negligence law states that if an injured party is less than 51 percent responsible for an accident, the injured party or the party’s estate can pursue compensation through a personal injury lawsuit. For example, if your loved one was “jaywalking” or crossing the street not at the designated crosswalk, he or she could be considered partially at fault for the accident. However, if the driver of the vehicle is found to be at least half at fault for the accident, you can still bring a wrongful death claim against the driver.

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Losing a loved one in an unexpected accident can take a massive toll on surviving loved ones. Not only does a death in the family cause heartbreak, it can also be create a tremendous financial burden to those left behind. When another party’s negligence causes a death, the deceased person’s loved ones may bring a wrongful death lawsuit against the negligent party. Through a wrongful death claim, the victim’s family can pursue compensation for medical expenses, loss of companionship, and more.

When is a Wrongful Death Claim Appropriate?

Tragic accidents happen every day, but not every unexpected death warrants a wrongful death claim. According to the Illinois Wrongful Death Act, when an individual’s death is caused by “wrongful act, neglect, or default” and the deceased person would have been eligible to recover damages if he or she survived, the personal representatives of the deceased person may pursue compensation for the benefit of the surviving spouse and next of kin. A wrongful death claim may be appropriate in the following situations:

• A drunk driver causes a deadly car accident.
• An employer fails to maintain a safe work environment and an employee dies in an accident as a result.
• Medical negligence or medical malpractice causes the death of a patient.
• Someone texting and driving veers off the road and kills a pedestrian.
• An individual dies after using a defective product created by a negligent manufacturing company. 

These are only a few examples of the many circumstances which can lead to a wrongful death claim. To learn more about whether or not your loved one’s passing constitutes a wrongful death, contact a qualified personal injury attorney. 

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Nothing compares to the pain of losing a family member. Unfortunately, it is not uncommon on our roadways. More than 40,000 Americans lost their lives in car crashes in 2017, and the vast majority were caused by driver negligence. While moving forward after a family member is tragically killed is incredibly difficult, facing the financial problems of life without a spouse or parent can compound the difficulty. 

If your loved one was fatally injured in a car accident, it is critical to pursue a wrongful death lawsuit against the negligent party. An experienced legal team can help you and your family receive the compensation you deserve. 

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Car accidents in Illinois can cause bodily injury or death. According to the most recent data from the Illinois Department of Transportation, there were 296,049 car accidents in the state in 2014. In about 20 percent of the crashes, injuries were sustained. In 845 car accidents that year, at least one person died.

If you have lost a loved one in a car accident where someone else is at fault, the law provides that you are entitled to compensation for your loss. Damages can include a family’s grief, sorrow, and mental suffering. These damages must be asserted in a wrongful death lawsuit.

Wrongful Death Lawsuits Have Certain Requirements

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For pedestrians, being near or attempting to cross busy roadways has always been dangerous. Cars speed by, drivers are often distracted, and the chances of an accident are high. Unfortunately for both Illinois pedestrians and pedestrians nationwide, new data indicates that pedestrian deaths are on the rise. Is it now more dangerous than ever to be a pedestrian in Illinois? An 18 Percent Increase Recently released data from the Illinois Department of Transportation shows an 18 percent increase in pedestrian fatalities in 2015. In 2015, 150 pedestrian deaths occurred in Illinois, compared to 127 in 2014. Federal data shows a similar trend: 4,884 pedestrians were killed nationwide in 2014, the highest number of deaths in one year since 2005, when 4,892 pedestrian fatalities occurred. While the 2015 numbers are still being finalized, officials say that early indicators are not looking good. Within the first nine months of 2015 there was a 9 percent increase in traffic fatalities, and officials say they expect the tally of pedestrian deaths for 2015 overall to be up from last year. Illinois has already seen many pedestrian fatalities in 2016, and state and national officials say there has been no better time to raise awareness and combat pedestrian fatalities. Why Are Pedestrian Deaths Increasing? State and national officials cite impaired or distracted drivers as one of the main causes behind the increase in deaths. Many communities have laws in place to combat distracted drivers, but many drivers unfortunately ignore those laws and continue dangerous habits like texting while driving. Poorly designed crosswalks and signals are also a factor in the increase of pedestrian fatalities. The Active Transportation Alliance says that many roads are built to move as much traffic as possible with little thought towards pedestrians. An Illinois law passed in 2010 requires that all drivers stop for pedestrians at crosswalks, but a survey conducted by the Alliance shows that many drivers are either unaware of the law or ignore it. Proposed solutions include changes to signal timing and countdowns, better signage at crosswalks, and concrete islands. Drivers and poorly marked crosswalks are not the only factors to blame, however. Officials have seen a significant increase in pedestrians texting, streaming videos, or using their smartphones and tablets while walking, making them oblivious to the dangers of walking near or attempting to cross a busy road. Some states, such as New Jersey, have even proposed penalties for distracted walking, but no such proposals have yet to be passed. Are You or a Loved One a Pedestrian Accident Victim?

Pedestrian accidents and deaths can occur on any road at any time. Even vehicles moving at slow speeds have the potential to cause serious bodily harm and even death. At the law offices of Salvi & Maher, L.L.C., our team of experienced Lake County personal injury attorneys has years of experience representing clients who have suffered due to negligent driving or wrongdoing. Let us help you through the recovery process and help you obtain the compensation you deserve. Call 847-622-3303 today to speak to a member of our team.

Sources:

http://www.dailyherald.com/article/20160516/news/160519100/

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