Thousands of accidents occur every year in Kennedy. While most accidents occur due to the collision of vehicles with each other, in some accidents, the vehicles ram into pedestrians. Most such accidents can prove to be fatal for pedestrians. Therefore, if you or someone you know gets into a pedestrian accident, you must sue the driver at fault to obtain compensation.
However, obtaining compensation after a pedestrian accident can be a challenging task. Therefore, you should hire a professional Chicago car accident lawyer to help you out.
Who is the one at fault in a pedestrian accident
Any road accident, including a pedestrian accident, occurs mostly because either party, i.e., pedestrian or driver, fails to yield the right of way. However, there may be instances, like potholes and bad weather, when neither the pedestrian nor the driver can be held responsible for the accident.
However, there may be times when the driver and the pedestrian share the fault. In such cases, liability is determined through the contributory negligence rule, which can vary in different states.
- Some states do not allow plaintiffs to pursue compensation claims in case of contributory negligence, even if the driver was majorly responsible for causing the accident.
- Some states allow plaintiffs to pursue the compensation claims despite being partly responsible for the accident.
- States with pure comparative fault may allow plaintiffs to pursue compensation claims even if they are mostly at fault for causing the accident.
- States with modified comparative fault allow plaintiffs to pursue compensation claims only if their share in causing the accident is less than 50%.
Proving the fault in case of a pedestrian accident
The pedestrian has to establish the following before the law to be eligible for the compensation.
- The driver owed the pedestrian a duty of care.
- The driver failed his duties and acted negligently.
- The negligence of the driver led to the accident.
- The accident caused you injuries.
- The injuries caused you financial, physical, psychological, or emotional damage.
What to do in case of a pedestrian accident
Here’s what you should do in case of a pedestrian accident.
- Call 911 and ensure that the affected people get immediate medical attention.
- Exchange necessary information with the driver, and do not lose your temper.
- Call the police and file a report.
- Document the accident by clicking pictures, taking videos, writing down the details, and collecting evidence like CCTV footage.
- Contact your insurance company and lawyer.
Who will be obliged to pay for the damages?
The following may be obliged to provide you with compensation after a pedestrian accident.
- Your health insurance and car insurance company.
- The driver at fault
- The defendant’s car insurance company
- If the driver at fault was on duty, the employer of the driver
- If the accident was caused due to defective roads, the government agency would pay for the damages.
