Peoria Pedestrian Accident Lawyer

When a vehicle strikes a pedestrian, there are no airbags or safety features between the vehicles involved in the accident and the injured party. By filing personal injury cases, victims can recover compensation for their medical bills, lost wages, property damage, and more. In the event a loved one was killed in a pedestrian accident, family members can file a wrongful death claim.

The experienced pedestrian accident lawyers at Rosenfeld Injury Lawyers have recovered over $450 million in personal injury cases for our clients. Our legal team is knowledgeable, passionate, and results-oriented.

Peoria Pedestrian Accident Statistics

Out of all the car accidents reported in Peoria, 1% of them involved a pedestrian [1]. Of these, 85% of these accidents had reported injuries, and 9% of the pedestrian accidents in Peoria resulted in a fatality.

Common Causes of Pedestrian Accidents

Most pedestrian accidents involve cars, often when motor vehicle drivers fail to see or yield to pedestrians. However, there can be other factors. Here are some of the most common causes of pedestrian accidents that result in serious injury:

• Distracted drivers
• Impaired drivers
• Crosswalks
• Failure to yield
• Driver fatigues
• Poor visibility
• Failure to signal while turning
• Jaywalking
• Poor weather conditions
• Defective traffic lights

Common Pedestrian Injuries

Pedestrian accidents tend to cause significant injuries, especially when pedestrians are struck by cars, due to a lack of physical protection and safety gear. Some common injuries caused by pedestrian accidents include the following:

• Traumatic brain injuries
• Spinal cord injuries
• Amputations
• Broken bones and fractures
• Soft tissue injuries
• Internal injuries
• Psychological trauma
• Wrongful death

Why You Need a Peoria Pedestrian Accident Attorney for Your Case

Having a pedestrian accident attorney on your side after accidents occur can be invaluable, as they’ll help you file a civil lawsuit against the parties responsible for your injuries. An attorney can help you

• file a strong case with the civil court system, ensuring that it meets the criteria for filing a claim and that it is filed before the deadline;
• negotiate with insurance companies to get the highest amount of compensation possible, often without having to go to court;
• gather evidence that can be difficult to obtain, including hiring experts and accident reconstruction specialists; and
• prepare your case to go to court, if it becomes necessary.

What to Do Following a Pedestrian Accident in Peoria, IL

When you face serious injuries as the result of a pedestrian accident, it can be disorienting to know what to do next. Here are some general steps that you can follow if you have been involved in a pedestrian accident:

Make Sure You’re Safe

Before you do anything else, it is important to make sure that you’re safe. If you were struck by a motor vehicle in an intersection, you must move to the sidewalk for safety. Do not place yourself in a position where you remain in harm’s way to sustain further injury, just to try to preserve the accident scene. Prioritize your safety and health first.

Call the Police

Immediately after you are out of the road, call the police. They will be crucial in dispatching emergency medical personnel and investigating the scene of the accident. Your personal injury lawyers will be able to use the police reports as evidence to support your pedestrian accident claim.

Document the Evidence

If you are able to, document the accident scene and your injuries from your smartphone. This can help to show what it was like during your accident. It can also create additional evidence for your personal injury claim.

Seek Medical Attention

It is important to seek immediate medical attention from the accident scene. You may not realize that you have been injured or require medical treatment without being assessed properly at the hospital. The medical records from your visit can be used as evidence, should you start the process of seeking compensation.

File an Insurance Claim

If you were struck by a car or other motor vehicle, there’s a good chance that you will be able to file a claim with an insurance company for financial compensation. While it’s okay to go ahead and file your claim, you don’t want to accept any initial offers from insurance adjusters.

The insurance company will likely offer a lowball offer to you in hopes that you will accept. Be sure to have your lawyer review any offers first to see if it’s a fair settlement amount.

Contact a Personal Injury Lawyer

Once you’re out of the hospital, contact an experienced pedestrian accident attorney for a free consultation to learn more about the legal process. You may be able to recover full and fair compensation for your physical injuries.

Potential Liable Parties in Pedestrian Accidents

Depending on the nature of your accident, multiple parties could be held liable in your case. Your Peoria personal injury lawyers can assess your case and help you determine who should be held liable, should your injuries lead to a lawsuit.

The Driver of the Motor Vehicle

Most pedestrian accidents happen to involve a negligent driver who didn’t see the victim, failed to obey traffic lights, broke traffic laws, or engaged in distracted driving. Injury victims can often file a claim with the insurance company of the at-fault driver involved in the accident.

However, in the case of hit-and-runs, your Peoria pedestrian accident lawyer can use business surveillance footage, the police report, and witness testimony to identify the owner of the vehicle and hold them responsible for financial compensation.

City Municipalities

If the condition of the road or a broken traffic signal caused your personal injury, your personal injury attorneys may file a claim against the municipal government or agency that is responsible for maintaining it.

Vehicle Manufacturers

In some rarer cases, a defective part in a vehicle could have caused the accident. If this is the case, it is possible to file a product liability lawsuit against the part manufacturer.

Road Maintenance Crews

Road maintenance crews typically do a good job of directing traffic and keeping both drivers and pedestrians safe. Unfortunately, sometimes accidents occur as a result of their actions. For example, if a road maintenance crew is directing traffic across the street and sends a car through an intersection where a pedestrian is, they could be held responsible.

Property Owners

Property owners have the obligation to maintain their property so that it is safe. If an overgrown bush or other feature obstructs visibility and causes an accident, pedestrian accident lawyers may hold the property owner liable.

Businesses

If a business leases a commercial property and does not take care of it, putting pedestrians at risk, the tenant can be held responsible for injuries that occur as a result. For example, if the business puts out large structural pieces by the front entrance that obstruct a driver’s ability to see a pedestrian, the business could be held liable.

Proving Negligence in a Pedestrian Accident Case

Pedestrian accident lawyers must prove that your claim meets the criteria for personal injury cases in Peoria. First, your legal team must show how the defendant had a duty of care that they owed you. In the case of car accidents, drivers have a duty to follow traffic laws and regulations.

Next, your lawyer will need to show that when the defendant breached this duty, it caused your injury and losses. These losses can come in the form of medical expenses, lost wages, or damaged property.

Modified Comparative Negligence

In Illinois, you are able to seek fair compensation even if you share some of the fault of the accident. Under the state’s modified comparative negligence laws, you can recover compensation as long as you are less than 50% at fault. The resulting settlement will reflect the percentage of fault that the other party had.

Damages Available to Pedestrian Accident Victims

The types of damages that you can recover vary by case, but can generally include the following:

• Medical bills
• Future medical expenses
• Lost wages
• Physical therapy
• Property damage
• Physical pain and suffering
• Lost income potential
• Disfigurement
• Scarring
• Emotional distress
• Emotional trauma

We have helped our clients recover significant compensation after an injury. In one case, we recovered $7 million for a pedestrian hit by a company-owned car.

The Statute of Limitations for Pedestrian Accident Claims in Illinois

The statute of limitations for personal injury claims in Illinois is two years from the date of injury or death. No personal injury claims can be filed after this time passes. It is, therefore, important to get started on your lawsuit as soon as possible, as this time goes by quickly, and some types of evidence, such as business surveillance footage, become much more difficult to obtain later.

Contact Our Peoria Pedestrian Accident Attorneys Today!

You can file a pedestrian accident claim with the help of Rosenfeld Injury Lawyers without any up-front or out-of-pocket costs. We work on a contingency fee basis, and we do not charge any attorney fees to get started. We get paid only if you do. We do not believe that legal representation should be outside of anyone’s reach.

During your free consultation, plan to bring any evidence you’ve already gathered, such as medical records, and the specific details of what happened. This can help your lawyer assess your case to make the most appropriate legal recommendations for moving forward.

Contact our Peoria pedestrian accident attorneys for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.

Related Practice Areas

• Peoria Personal Injury Lawyer
• Peoria Rideshare Accident Lawyer
• Peoria Slip and Fall Lawyer
• Peoria Truck Accident Lawyer
• Peoria Uber Accident Lawyer
• Peoria Wrongful Death Lawyer
• Peoria Car Accident Lawyer
• Peoria Construction Accident Lawyer
• Peoria Dog Bite Lawyer
• Peoria Lyft Accident Lawyer
• Peoria Medical Malpractice Lawyer
• Peoria Motorcycle Accident Lawyer

Resources: [1] IDOT

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.