Naperville, IL Pedestrian Accident Lawyers

Attorneys for Walkers and Joggers Hit by Cars in DuPage and Kane Counties

Each year, there are over 5,000 motor vehicle accidents involving injuries to pedestrians in Illinois. Tragically, some of these accidents result in fatalities to innocent pedestrians, including children.

If you have been struck as a pedestrian you may have a claim against the striking motorist. You may also have an important legal claim for uninsured or underinsured motorist coverage, which can be brought against your own insurance carrier. An uninsured motorist claim exists when the at-fault motorist has no automobile insurance coverage, or in those instances in which the at-fault motorist cannot be identified. An underinsured motorist claim exists when the at-fault motorist has insufficient or inadequate coverage. In some instances, even if you do not have your own automobile insurance policy, you may be able to make a claim against an automobile insurance policy of a household or family member. Far beyond reporting the claim, there are written notices that must be filed and other technical steps that must be taken, to bring an uninsured motorist claim; therefore, you should consult with an attorney right away.

$100,000. Kane County, Illinois. Pedestrian Accident. Settlement totaling $100,000 was reached in an underinsured motorist claim on behalf of a client who was struck by an automobile as he crossed a city street in Aurora, Illinois. The young man was walking within the crosswalk and had nearly reached the other side of the street when he was struck by a car traveling at a high rate of speed, according to witness testimony. The man suffered a comminuted fracture of the tibia and fibula, which required surgery. He underwent a right leg 4-compartment fasciotomy with open reduction and internal fixation (ORIF) of the right tibia. The man has suffered permanent muscle and nerve damage to his leg and foot. A previous policy limits settlement was reached with the at-fault motorist’s insurance company for $20,000.

Types of Pedestrian Accidents

Pedestrian accidents can happen in a wide range of circumstances, and understanding the most common types can help victims recognize their legal rights. While every case is unique, certain accident patterns arise repeatedly, often due to driver negligence, dangerous road conditions, or failures to follow traffic laws.

Crosswalk Accidents: One of the most frequent types of pedestrian accidents occurs in marked or unmarked crosswalks. Drivers who fail to yield to pedestrians already in a crosswalk, whether distracted, speeding, or simply inattentive, can cause devastating injuries. These collisions often occur at intersections, in parking lots, and in front of schools or shopping centers. Pedestrians have the legal right of way in most crosswalk situations, and drivers who violate that right can be held liable.

Parking Lot Accidents: Parking lots may seem like low-risk environments, but they are actually among the most common locations for pedestrian accidents. The combination of slow-moving vehicles, distracted drivers, limited visibility, and high foot traffic creates dangerous conditions that lead to serious injuries every day.

Intersection and Traffic Signal Accidents: Accidents at intersections are especially dangerous for pedestrians. A driver running a red light, making an aggressive turn, or failing to check for pedestrians before proceeding can strike a walker who has a green signal or walk sign. Right-turn-on-red collisions are particularly common, as drivers focus on oncoming traffic and overlook pedestrians crossing legally.

Backing Vehicle Accidents: Pedestrians are frequently struck by vehicles reversing out of driveways, parking spaces, or loading areas. These accidents often happen at low speeds but can still cause serious injuries, particularly to children and elderly individuals. Drivers have a duty to check their surroundings before and while reversing.

Sidewalk and Driveway Accidents: Even on a sidewalk, a space designated for pedestrian safety, accidents can occur. Drivers who jump a curb, lose control of a vehicle, or fail to yield when crossing a sidewalk to enter a driveway put pedestrians at risk. When these accidents occur, driver negligence is almost always a central issue.

Hit-and-Run Accidents: A hit-and-run occurs when a driver strikes a pedestrian and flees the scene without stopping to render aid or provide identifying information. These cases can be especially traumatic for victims and their families. However, injured pedestrians may still be able to recover compensation through uninsured motorist coverage or other legal avenues, even when the at-fault driver cannot be immediately identified.

Distracted and Drunk Driving Accidents: Distracted drivers, those texting, talking on the phone, eating, or otherwise not focused on the road, are responsible for a significant share of pedestrian accidents. Similarly, impaired drivers have reduced reaction times and impaired judgment, making them far more likely to strike a pedestrian. Both forms of negligence can support a strong personal injury claim.

Low-Visibility and Nighttime Accidents: Many pedestrian accidents occur in low-light conditions, such as at dusk, dawn, or at night. Poor street lighting, bad weather, and drivers who fail to use headlights properly all contribute to these incidents. In some cases, a municipality or property owner may share responsibility if inadequate lighting or road design contributed to the accident.

School Zone and Playground Accidents: Accidents near schools, parks, and playgrounds are particularly tragic because children are often the victims. Drivers in these areas are held to a heightened standard of care, and violations of posted speed limits or failure-to-stop laws in school zones can significantly strengthen a negligence claim.

Why Should You Be Represented by Legal Counsel in your Pedestrian Accident Claim?

There are several reasons why you should hire an attorney to represent you and your interests after you were struck by a vehicle as pedestrian. An Illinois pedestrian accident attorney can help you identify available insurance coverage and assist you in timely filing your claim against the insurance carrier in accordance with the rules for uninsured motorist claims and the specific terms of coverage under the policy. Remember, uninsured motorist claims create a conflict of interest between you and your insurance carrier. As in any adverse proceeding or litigation, you should consult with an attorney who has experience in litigating uninsured motorist claims. Your attorney should put forth a settlement or litigation strategy targeted to achieving the highest possible settlement.

An experienced and knowledgeable attorney can be particularly valuable in confronting and resolving hospital, physician, and subrogation “liens” which arise from paid and unpaid medical expenses alike. This process must be completed before the overall settlement is finalized. Our injury attorneys are often able to provide our clients with valuable assistance in resolving or adjudicating expensive liens that were filed against their claim (and actually compete against the client’s net settlement), which result in substantial savings to the client in determining the net settlement amount they will receive. Remember, each dollar reduced or eliminated from a competing lien translates to a dollar earned by my client. For example, when a lien is reduced by $10,000, it results in a $10,000 additional net recovery to you as the client, and so on. Do not overlook this important fact when you consider whether to hire an attorney or whom you hire. Get a lawyer who gets results.

The Law Offices of John J. Malm was recently retained to represent the family of an injured 9-year-old girl, who was struck by a hit-and-run motorist while crossing the street at a park near the family’s home in Hanover Park, Illinois. Police are seeking the identity of the driver of the fleeing vehicle, believed to be operating a pickup truck. The young girl suffered severe injuries as a result of the accident, including a closed head injury. The family has retained attorney John J. Malm to pursue a claim for damages by bringing an uninsured motorist claim against the family’s automobile insurer.

Contact Attorney John J. Malm for Your Naperville Pedestrian Accident Case

John J. Malm & Associates is an experienced personal injury law firm representing individuals and families who have suffered an injury or loss due to an accident. You may be entitled to a substantial settlement if you have been injured. Call 630-527-4177 and speak with Attorney John J. Malm and his team of dedicated accident lawyers today.