Champaign Pedestrian Accident Lawyer
Pedestrians have virtually no protection when struck by a car, truck, motorcycle, or other vehicle. A pedestrian crash can result in serious injuries, extensive medical treatment, permanent disability, or death.
If you were hit by a vehicle in Champaign, Illinois, Patel Law, PC can help you understand your rights and pursue compensation from the responsible parties. Our Champaign pedestrian accident lawyers represent injured pedestrians and families throughout Champaign, Urbana, Champaign County, and Central Illinois.
Contact Patel Law, PC for a free consultation about your pedestrian accident case.
What Should I Do After Being Hit by a Car in Champaign?
If you are struck by a vehicle, your health and safety should come first. When possible:
- Call 911 and report the collision;
- Seek medical attention for your injuries;
- Get the driver’s name, contact information, and insurance information;
- Photograph the vehicle, roadway, intersection, crosswalk, traffic signals, and your injuries;
- Obtain contact information from witnesses;
- Identify nearby businesses or properties that may have surveillance cameras;
- Keep medical bills, records, prescriptions, and insurance communications; and
- Speak with an Illinois pedestrian accident lawyer before accepting a settlement or signing a release.
Video evidence can be especially important in pedestrian cases and may be overwritten or deleted quickly, so prompt investigation can matter.
Do Pedestrians Have the Right of Way in Illinois?
Pedestrians have important right-of-way protections in Illinois, but the rules depend on where and how the pedestrian is crossing.
At a crosswalk without operating traffic-control signals, Illinois law generally requires a driver to stop and yield when a pedestrian is crossing on the driver’s half of the roadway or is approaching closely enough from the opposite half to be in danger.
Pedestrians also have responsibilities. For example, a pedestrian should not suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close that it creates an immediate hazard.
What If I Was Hit While Crossing Outside a Crosswalk?
Being struck outside a marked crosswalk does not automatically mean that a pedestrian has no injury claim.
Illinois law generally requires pedestrians crossing outside a marked crosswalk or an unmarked crosswalk at an intersection to yield the right of way to vehicles on the roadway. However, drivers still have a duty to exercise due care to avoid colliding with pedestrians.
Determining fault requires looking at the entire collision, including visibility, vehicle speed, driver attention, lighting, roadway conditions, pedestrian movement, and other available evidence.
What Causes Pedestrian Accidents in Champaign?
Pedestrian crashes frequently occur when drivers fail to notice people walking near intersections, crosswalks, parking lots, businesses, neighborhoods, or other areas with pedestrian traffic.
Common causes include:
- Distracted driving;
- Failure to yield at a crosswalk;
- Speeding;
- Running a red light or stop sign;
- Unsafe left or right turns;
- Driving under the influence of alcohol or drugs;
- Backing out of parking spaces or driveways without looking;
- Failure to check for pedestrians before turning;
- Poor visibility or nighttime driving;
- Reckless driving; and
- Other failures to exercise reasonable care.
Where Do Pedestrian Accidents Commonly Happen?
Pedestrian collisions can happen almost anywhere vehicles and pedestrians interact.
Common locations include:
- Intersections;
- Marked and unmarked crosswalks;
- Parking lots and parking garages;
- Driveways;
- School zones;
- Residential neighborhoods;
- Shopping areas;
- University and campus areas;
- Bus stops; and
- Roadways without sidewalks.
Common Pedestrian Accident Injuries
Because pedestrians have no vehicle structure protecting them from impact, injuries can be severe.
Common injuries include:
- Head injuries and concussions;
- Traumatic brain injuries;
- Facial injuries;
- Neck and back injuries;
- Spinal cord injuries;
- Broken and fractured bones;
- Hip and pelvic injuries;
- Knee and leg injuries;
- Internal bleeding and organ damage;
- Nerve damage;
- Soft-tissue injuries;
- Scarring and disfigurement;
- Amputations;
- Paralysis; and
- Fatal injuries.
What Compensation Can I Recover After a Pedestrian Accident?
The compensation available depends on the injuries, medical treatment, lost income, liability, insurance coverage, and other circumstances.
Depending on the case, damages may include:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Pain and suffering;
- Emotional distress;
- Disability;
- Disfigurement and scarring; and
- Loss of a normal life.
There is no standard settlement amount for a pedestrian accident. The value depends on the particular facts and evidence.
What If I Was Partially at Fault for the Pedestrian Accident?
Being partially responsible for an accident does not automatically prevent an injured pedestrian from recovering compensation in Illinois.
Illinois follows a modified comparative-fault rule. If your contributory fault is not more than 50% of the proximate cause of your injuries, you may still recover damages, although the recovery may be reduced according to your percentage of fault.
If your contributory fault is more than 50%, you are barred from recovering damages.
For example, if your damages were $100,000 and you were determined to be 10% at fault, your recoverable damages would generally be reduced to $90,000.
What If the Driver Blames Me for the Accident?
Drivers and insurance companies sometimes argue that a pedestrian crossed outside a crosswalk, entered the roadway unexpectedly, ignored a traffic signal, or was otherwise responsible for the collision.
An allegation of pedestrian fault does not by itself determine the outcome of a claim. Police reports, witness statements, surveillance video, vehicle damage, traffic signals, roadway markings, lighting conditions, and other evidence may help establish what happened.
What If the Driver Left the Scene?
If a driver hits a pedestrian and leaves the scene, report the collision to law enforcement as soon as possible.
Witness statements, surveillance cameras, vehicle debris, photographs, license-plate information, and other evidence may help identify the vehicle or driver.
If the driver cannot be identified or has no insurance, uninsured motorist coverage may become relevant depending on the circumstances and available insurance policies.
What If I Was Hit in a Parking Lot?
Pedestrian accidents also occur in parking lots, garages, driveways, and other areas outside traditional roadways.
Drivers backing out of parking spaces or moving through parking areas must still exercise reasonable care. Determining liability may involve reviewing vehicle movement, visibility, pedestrian location, surveillance video, witnesses, and other evidence.
How Can a Champaign Pedestrian Accident Lawyer Help?
Patel Law, PC can investigate the collision, preserve evidence, communicate with insurance companies, document your injuries and financial losses, and determine what insurance coverage may be available.
Depending on the case, our legal team can:
- Obtain police and accident reports;
- Locate and interview witnesses;
- Preserve surveillance and traffic-camera evidence when available;
- Evaluate applicable traffic and pedestrian laws;
- Review insurance policies;
- Collect medical records and bills;
- Document lost wages and future losses;
- Communicate and negotiate with insurance companies; and
- File a lawsuit when appropriate.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Illinois?
Illinois generally provides a two-year limitations period for actions seeking damages for personal injuries.
However, exceptions and different deadlines may apply depending on the circumstances and parties involved. Claims involving governmental entities, minors, or other special circumstances may require additional analysis.
You should not wait until the deadline approaches. Important evidence such as surveillance video and witness information can disappear much sooner.
What If a Pedestrian Accident Causes a Death?
When a pedestrian is killed because of another person’s negligence or wrongful conduct, the case may involve claims under the Illinois Wrongful Death Act and the Illinois Survival Act.
These cases can involve compensation for eligible surviving family members, estate-related claims, and additional procedural requirements.
Champaign Pedestrian Accident FAQs
Do cars always have to stop for pedestrians in Illinois?
Not in every situation. Illinois right-of-way rules depend on factors such as whether the pedestrian is in a crosswalk, whether traffic signals are operating, and where the pedestrian is located in the roadway.
Do drivers have to stop for pedestrians in a crosswalk?
In specified situations where traffic-control signals are not in place or operating, Illinois law requires a driver to stop and yield to a pedestrian crossing within a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching closely enough from the opposite half to be in danger.
Can I have a case if I was hit outside a crosswalk?
Potentially. Crossing outside a crosswalk can affect the right-of-way analysis, but it does not automatically eliminate a pedestrian injury claim. Drivers still have a duty to exercise due care to avoid collisions with pedestrians.
What happens if I was hit by a car while walking through a parking lot?
You may still have an injury claim. Liability depends on how the collision occurred and whether the driver or another party failed to exercise reasonable care.
Can I recover compensation after a hit-and-run pedestrian accident?
Potentially. Law enforcement may be able to identify the driver, and uninsured motorist coverage may also be relevant depending on the circumstances and applicable insurance policies.
How much is my Champaign pedestrian accident case worth?
There is no fixed amount. Case value may depend on liability, medical expenses, future treatment, lost income, permanent disability or disfigurement, pain and suffering, insurance coverage, and other evidence.
How much does it cost to speak with Patel Law about a pedestrian accident?
Patel Law, PC offers free initial consultations for personal injury matters. You can discuss the collision and your injuries and learn about your legal options before deciding how to proceed.
Why Choose Patel Law, PC for a Champaign Pedestrian Accident Case?
Patel Law, PC represents injured pedestrians and families throughout Champaign, Urbana, Champaign County, and Central Illinois.
Pedestrian accident claims can involve serious injuries, disputed right-of-way, hit-and-run drivers, uninsured motorists, surveillance evidence, and disagreements about comparative fault. Our legal team can investigate the collision, preserve evidence, evaluate available insurance coverage, document damages, and pursue compensation available under Illinois law.
Talk to a Champaign Pedestrian Accident Lawyer
If you or a loved one was hit by a vehicle in Champaign, Urbana, Champaign County, or elsewhere in Central Illinois, contact Patel Law, PC to discuss your case.
Call Patel Law, PC or contact us online to schedule a free consultation with a Champaign pedestrian accident lawyer.
