As a pedestrian, walking on the streets of Illinois, you have certain rights that are meant to protect you from accidents, injuries, and wrongful deaths. However, despite the law’s protections, pedestrian accidents still occur, with devastating consequences due to the violation of these rights. Pedestrian accidents are one of the most common types of accidents on American roads, accounting for a significant percentage of traffic-related injuries and fatalities. If you are injured in a pedestrian accident, here is what you need to know about your rights:
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What are Your Rights as a Pedestrian in Illinois?
Every state in the United States has laws that regulate pedestrian traffic, and Illinois is no exception. In Illinois, pedestrians have the right to walk on the sidewalks and crosswalks, and drivers are required to yield to pedestrians in these areas. Some of the other rights that Illinois pedestrians have include:
Right of Way
When at an intersection, pedestrians have the right of way, regardless of whether there is a stop sign or traffic light. This means that drivers must yield to pedestrians crossing the street.
Crosswalks
The law requires drivers to stop their vehicles when a pedestrian walks into a marked crosswalk, or if a pedestrian is on the same half of the street as the car. This law still applies even if the pedestrian entered the crosswalk after the posted traffic signal permitted them to do so since pedestrian safety should always come first.
Use of Mobile Phones
It is illegal to use a mobile phone while driving in Illinois. Additionally, if you are crossing the road and using your mobile phone, you may be considered negligent, and this may affect your compensation in the event of a car accident.
Right of Way to Blind, Disabled Pedestrians
Blind and disabled pedestrians have the right of way in Illinois, and drivers are required by law to give way when they approach.
What to Do if You are Involved in a Pedestrian Accident
In the event of a pedestrian accident, blame is often thrown around between the driver and the pedestrian. Nevertheless, the most critical thing to do is to seek immediate medical attention since some injuries that result from accidents are unnoticed, and remaining unaware of them can cause long-term complications. After seeking medical help, these are the legal steps to take:
Report the Accident
The accident must be reported to the police immediately. If somebody has been severely injured, immediately call 911 for emergency services.
Gather Evidence
It is crucial to gather all possible evidence. Take photos of the accident scene, and document the time of the accident and the surrounding weather conditions. Also, get the driver’s details, as well as those of any witnesses.
Talk to a Pedestrian Accident Lawyer
A pedestrian accident attorney in Illinois can assess your options after your pedestrian accident while understanding the specifics of the local law to pursue your claim. Illinois personal injury laws give victims of pedestrian accidents a right to compensation for loss, medical bills, property damage, loss of potential earning capacity, emotional distress, and pain and suffering.
What Damages are Available in Illinois Pedestrian Accident Cases?
Illinois law provides that, in the case of a pedestrian accident, victims can recover compensation for the following:
Medical Bills and ongoing care
Compensation for medical bills and ongoing medical care covers any medical expenses incurred as a result of the accident, including future medical treatment, rehabilitation, and ongoing medical care.
Property Damage
The payment for damaged personal property, including clothing, bicycle, or other items damaged when the victim was hit.
Loss of Potential Earning Capacity
Loss of potential earning capacity covers compensation to an injury victim unable to work to the same extent as they could before the accident.
Emotional Distress
Victims can recover compensation for emotional distress, including psychological trauma and fear of long-term consequences.
Pain and Suffering
This compensation covers physical and emotional pain that the victim has suffered because of the accident.
Conclusion
If you or a loved one has been involved in a pedestrian accident in Illinois, there are legal steps to take, and also rights that you have. You should make sure to report the accident promptly, gather all the evidence, and contact a pedestrian accident lawyer. Finally, it is within your rights to get compensation for injuries, damages, and emotional distress that resulted from the accident. It is essential to understand your rights and the avenues available while seeking the services of a skilled and experienced Illinois pedestrian accident attorney.