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Waukegan Pedestrian Accident Attorney Nearly 6,000 pedestrians were struck and killed by motor vehicles in the U.S. in 2017, and many thousands more were severely injured. These figures beg two questions: What are the most common causes of these accidents, and when does the fault lie with the pedestrian versus the driver?

Alcohol Plays a Factor in Many Pedestrian Accidents

When a pedestrian is struck and killed by a car, it is more common for the pedestrian than the driver to be legally drunk, according to the National Highway Traffic Safety Administration. OIf all pedestrian fatalities, 33 percent involved an alcohol-impaired pedestrian and 13 percent involved a drunk driver.

You may wonder if a drunk pedestrian injured by a car can recover damages from the driver. The answer is, it depends on the totality of the circumstances. If the driver was obeying all traffic laws and a drunk pedestrian just stepped out in front of the car, the pedestrian would probably be assigned all or most of the fault for the accident. If the pedestrian is found to be at least 50 percent at fault for the accident, the pedestrian will be barred from recovering any damages from the driver, in accordance with the Illinois law of modified comparative negligence.  

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