Can a Pedestrian Sue the Driver Who Hit Them?

 Posted on January 27, 2023 in Car Accidents

Crossing the street and getting hit by a car - it is a situation nobody expects themselves to be in, yet one that kills and seriously injures people in the U.S. every day. If pedestrians involved in vehicle accidents survive, they often face an expensive healing process and, in some cases, have serious injuries that prevent them from going back to work and living life as they did before. 

When accidents like this happen, a personal injury lawsuit cannot undo the accident. But it may provide the injured or deceased party with a way to get the funds they need to recover and continue functioning as normally as possible in the future. However, there are strict time limits on how much time a pedestrian or their family has to take legal action, and the longer a victim waits, the more difficult it becomes to gather evidence and make a strong case. 

What is the Statute of Limitations on Pedestrian Auto Accidents? 

Illinois has a statute of limitations for personal injury lawsuits that generally lasts no longer than two years from the date of the accident. However, there are some exceptions to this; for example, if someone is in a coma or is under age 18, they may be able to extend the statute of limitations so that they can take action when they are recovered or have reached adulthood. 

The sooner you take action, the better the chances are of securing the information you need to make a case against the person responsible. Evidence you might be able to gather includes: 

• Intersection traffic camera footage

• Dashcam footage from the responsible driver or other drivers 

• Cell phone location data

• Weather information for the date in question

• Records of injuries and subsequent treatment

• Records of time taken off work and lost wages 

• Information about the driver’s condition, including whether the driver was intoxicated at the time of the accident 

What Kind of Damages Can a Pedestrian Sue For? 

The type of damages in a case varies depending on the circumstances and the severity of the injuries. For example, a pedestrian who is hit while crossing the road at a crosswalk but during a time when crossing is not permitted may share some responsibility for causing the accident, leading to a reduction in damages. In general, however, there are several categories of damages that may be available in a given case. These include, but are not limited to: 

• Urgent medical injury treatment 

• Ongoing rehabilitative treatment

• Lost wages

• Reduced earning capacity

• Property damage

• Wrongful death 

• Loss of consortium 

Work with an Experienced Rockford, IL Pedestrian Auto Accident Injury Lawyer

At Mannarino & Brasfield, A Division of Schwartz Injury Law, we have seen first-hand with our clients that recovering from an accident with a vehicle as a pedestrian involves a long and difficult road. Our Winnebago County pedestrian injury lawyers are here to help you during this difficult time and provide the legal assistance you need to get the maximum compensation available in your case. Call us now at 815-215-7561 to schedule a free, no-pressure consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102800000&SeqEnd=106200000