Pedestrian accidents – usually involving people on foot and motorists – are unfortunately all too common, especially in urban areas. According to the Governors Highway Safety Association (GHSA), in 2022, there were approximately 200 pedestrian fatalities due to traffic crashes in Illinois.
Motorists are generally required to yield to pedestrians on the road. But while pedestrians are expected to follow traffic laws, drivers also have a responsibility to exercise caution and awareness while on the road. In cases where a pedestrian is injured due to a driver’s negligence, the victim may be able to seek compensation for their injuries.
Unfortunately, proving driver negligence is rarely black and white, especially when drivers (and their insurance providers) deny fault or try to shift blame onto pedestrians. At Midwest Injury Lawyers, we work closely with victims of pedestrian accidents to help them earn rightful compensation – and hold liable parties accountable.
In this guide, we’ll walk you through the necessary steps.
Understanding Driver Negligence
Before we dive into the steps, it’s essential to understand what driver negligence means in a legal context.
In simple terms, driver negligence refers to a driver’s failure to exercise reasonable care while behind the wheel, resulting in harm or injury to someone else. This could be ignoring traffic signals, looking at their phones, or not looking both ways before turning onto a new road.
To prove driver negligence, you must establish four elements:
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Duty of Care
A duty of care is a legal obligation that vehicle drivers have towards other individuals on the road, including pedestrians. This means that drivers are expected to act in a manner that does not put others at risk of harm or injury.
It is their responsibility to follow traffic signals, maintain proper control of their vehicle, and be aware of their surroundings while driving.
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Breach of Duty
To prove driver negligence, you must show that the driver breached their duty of care – resulting in the traffic accident. This can include actions such as:
- Speeding
- Distracted driving (e.g., texting, eating, or adjusting the radio)
- Running red lights or stop signs
- Failing to yield to pedestrians at crosswalks
If the driver’s actions directly led to an injured pedestrian, it can be considered a breach of duty.
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Causation
Causation – similar to breach of duty – refers to the link between the driver’s breach of duty and the pedestrian’s injuries.
In other words, you must prove that the driver’s actions were a direct cause of the accident scene and subsequent injuries. For instance, if a driver hit you because they ran a red light while you were in a marked crosswalk, you would have to provide evidence that this is how the incident occurred. This can be established through witness statements, medical records, and other evidence.
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Damages
To prove driver negligence, you must show that the pedestrian sustained damages as a result of the accident. Damages are categorized by economic damages (like medical bills, ongoing treatment, lost wages, property damage, etc.) and non-economic damages (like pain and suffering, reduced quality of life, and PTSD).
If all four elements are present, you may have a valid pedestrian accident claim. However, proving negligence can be a complex legal process – which involves the following steps:
Steps to Prove Driver Negligence as a Pedestrian
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Call the Police and File an Accident Report
In any traffic accident, the very first step is to call the police to file an official accident report. Otherwise, the claim may not be valid. This document contains vital information such as the date, time, location of the accident, and statements from witnesses – all of which can help prove driver negligence.
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Get Medical Attention
When the authorities arrive on the scene, there will be a medical team. It’s crucial to get examined by them – even if you believe you are ok. Some injuries – like a spinal injury or brain injury – can take time to show symptoms.
These first responder teams are trained to spot the early signs of these types of injuries. Moreover, this examination will generate an official report, which will be used as evidence in an injury claim down the road.
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Gather Evidence
To build a strong case for driver negligence, gathering as much evidence as possible is important. This may include:
Witness Statements
If there were any bystanders or witnesses to the accident scene, their statements could provide valuable insight into what happened. After all, they were at the scene and may have seen the driver’s actions leading up to the accident.
Their statements can help establish the driver’s breach of duty and causation. Moreover, these statements will be used to file a personal injury claim – and the witness(s) may be called to testify if the case goes to trial.
Surveillance Footage
If the accident occurred in a public area, surveillance footage may be available. For example, if you were struck by a vehicle at an intersection, there may have been a traffic camera that caught the incident.
Or, if you were in a residential area or business district, a nearby property owner may have had security cameras that captured the event. This footage will do a lot to provide clear evidence of the driver’s actions and help establish causation.
In the hours – or days – following the accident, it’s recommended to seek out these parties to obtain the footage.
Legal professionals can help you gather and analyze this footage to support your case.
Medical Records
Medical records are everything in proving damages after a pedestrian accident. To establish the extent of your injuries, you’ll need to provide all medical records and documentation from the scene. This includes the medical team’s initial examination after the accident, doctor’s notes, prescriptions, x-rays or imaging scans, and more.
Making an appointment with your doctor as soon as possible after the accident will help assess your injuries and create a solid medical record of their extent. Keep all follow-up appointments with your doctor, physical therapist, or specialist to strengthen your case.
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Consulting a Pedestrian Accident Lawyer
Navigating a pedestrian accident case is more complicated than many assume – even if you’re 100% sure it was the driver’s fault. Without legal representation, you may be vulnerable to insurance company tactics aimed at minimizing your claim.
Oftentimes, insurance companies may offer quick settlements that may not fully cover the extent of your injuries and damages. As such, consulting with a skilled pedestrian accident attorney early in the process can be invaluable.
Experienced attorneys understand the nuances of traffic laws, evidentiary requirements, and the insurance company’s strategies to counter common defenses drivers may use.
A legal firm can help you gather ALL relevant evidence, guide you through filing procedures, and negotiate on your behalf. This, in turn, gives you the best chance of securing fair compensation.
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Establishing Fault
Evidence of the driver’s breach of duty — such as speeding or failing to yield — supports your argument that the driver did not act responsibly.
Your attorney will help you gather all necessary evidence to place liability on the at-fault party.
To reiterate, witness statements, police reports, and expert testimonies will be key items to establish that the driver’s negligence directly led to the accident and caused your injuries. Attorneys may also consult accident reconstruction specialists who can analyze the accident scene, vehicle positions, and traffic conditions to build a compelling case.
Many of these evidence-related tasks will be extremely difficult without a skilled personal injury attorney.
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Documenting Damages
Most importantly, the records of damages you sustained will put a monetary value on your injury case. Keep records of all medical expenses, rehabilitation costs, and any income lost due to injuries.
Psychological and emotional impacts, such as pain and suffering or loss of quality of life, can also be considered as damages. Now, pain and suffering damages are not easily quantified – as there are no receipts, invoices, or estimates tied to them. They are purely subjective, but this does not mean they are insignificant.
When you work with a personal injury attorney, they will help you quantify these non-economic damages – and more importantly – help you negotiate for them in your settlement.
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Dealing with Insurance Companies
Insurance companies are obligated to minimize payouts, and their adjusters will more than likely question or dispute claims of driver negligence. Working with a legal professional – with experience negotiating with these companies – is instrumental in protecting your rights and holding the liable party(s) accountable.
Your attorney can manage the entire process to present evidence effectively, counter low settlement offers, and fight for every dollar you are owed. They may also assist if the case needs to escalate to court, providing legal representation to pursue full and fair compensation.
Get the Justice You Deserve
Pedestrian accidents can have devastating consequences, and it is essential to hold those responsible accountable for their actions.
The Chicago pedestrian accident attorneys at Midwest Injury Lawyers are dedicated to helping victims get the justice and compensation they deserve. We understand the complexities of these cases and have the experience and resources to build a strong case on your behalf.
Contact us today for a free consultation, and let us fight for your rights. Your road to recovery starts with us.