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Lake County personal injury attorneysThe unexpected loss of a loved one is tragic regardless of the circumstances but losing a loved one in a fatal pedestrian accident is often especially heart-wrenching. Knowing that your loved one’s last moments involved a violent vehicle collision can cause you agonizing grief that lasts for years. If you have lost a loved one in this manner, you know that personal grief is not the only consequence of such a tragedy. You must also find a way to survive the burdensome financial consequences of the loss. One way that you may be able to receive financial relief is through a wrongful death claim.

Determining When a Successful Wrongful Death Claim Is Possible

In January of this year, a 46-year-old woman died after being struck and killed in a Waukegan hit-and-run accident. Drivers who leave the scene of an accident after striking a pedestrian are likely to face serious criminal consequences for their actions. Drivers involved in pedestrian accidents while driving under the influence of alcohol or drugs (DUI) will also face criminal charges. Although criminal charges are not a requirement for a successful personal injury claim, criminal charges are likely to make the process of recovering damages easier.

If the pedestrian accident was not the result of DUI, hit and run, reckless driving, or another violation of the law, the driver’s fault for the accident will need to be established. An experienced personal injury lawyer can help you gather evidence and examine information that may prove the driver’s negligence.

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Waukegan personal injury attorneysPedestrians 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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Waukegan personal injury attorneysAt grocery stores, shopping centers, and business parks throughout the region, it is not uncommon to see drivers scrambling to find convenient parking spaces. In most parking lots, you can expect the constant movement of cars and pedestrians—the combination of which can easily lead to an injury-causing accident.

Accidents in a parking lot are often caused by drivers not paying attention for various reasons. For example, drivers may distracted by their phones or by small children in the car. Regardless of the cause of distraction or inattentiveness, the outcome is too often an accident involving another car or a pedestrian.

Determining Who Is at Fault for a Parking Lot Accident

The popular belief is that fault in a parking lot crash is equally shared by the drivers involved. However, this is not always the case. A parking lot accident is handled the same way as any other accident on the road would be. This is because parking lots have right-of-way rules that must also be followed and obeyed. A driver who did not yield to another driver or pedestrian with the right of way is likely to be found liable if an accident were to occur.

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Waukegan Pedestrian Accident Lawyer

On February 4, a 15-year-old pedestrian was fatally injured when she was struck by a drunk driver in Chicago Ridge. The young girl was a student at Oak Lawn’s Richard High School. The very next morning, a 20-year-old woman was struck by a vehicle near the Rush University Medical Center. According to Chicago police, the woman suffered a broken hip and was treated at Chicago’s Stroger Hospital. 

For pedestrians in the greater Chicago area, the risk of being struck by a motor vehicle is very serious and all too familiar. According to the Illinois Department of Transportation, more than 4,600 pedestrians were injured in car accidents in 2016 across the state. Of those injuries, 150 ultimately proved fatal. 

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Waukegan pedestrian accident attorneyThroughout the United States, a pedestrian is killed every one and a half hours. In total, 5,987 pedestrians were fatally injured in motor vehicle collisions throughout 2016 alone. According to the National Highway Traffic Safety Administration (NHTSA), this represented a nine percent increase in total pedestrian fatalities in comparison to 2015.

With an increased number of Chicagoans out to enjoy the summer months, this time of year represents an increased risk of pedestrian accidents. If you or a member of your family are injured in a motor vehicle accident this summer, you should be sure to understand your options for pursuing compensation for the damages you have suffered.

Practicing Pedestrian Safety 

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