Former State's Attorney With Over 38 Years of Experience

medic applying emergency care after a pedestrian is injured in roadway

Wrongful Death Claims Involving Pedestrians

Although most users of the roadways are cars, trucks, SUVs, motorcycles, and other motorized vehicles, pedestrians also commonly traverse the roadways. Drivers must be aware of the presence of pedestrians and give them the same considerations as other drivers.

The problem arises when drivers fail to pay close attention and do not see pedestrians crossing the road or walking through a parking lot. When a pedestrian is struck by a vehicle, the individual without the car is sure to be seriously injured, if not killed.

When a pedestrian is hit by a vehicle and dies as a direct result of the accident, the deceased’s family may be eligible to file a personal injury claim against the driver with the legal assistance of an experienced personal injury attorney.



What Is A Wrongful Death Claim?


A wrongful death claim is filed when the careless or reckless actions of an individual result in the death of another person. In the case of wrongful death of a pedestrian, the individual driving the vehicle which struck and killed the pedestrian could be held responsible for that wrongful death.


In Illinois, our wrongful death personal injury lawyer Michael J. Brennan can help you determine if you may be eligible to file a wrongful death claim against a motorist who killed your loved one. 


Our legal team will evaluate your case and determine if the following elements that are present in most wrongful death situations apply to your case:


  • One of your loved ones was the victim of the fatal accident

  • The death was caused by the negligent or wrongful actions of the at-fault party

  • If your loved one had survived the accident, they could have pursued a personal injury claim for their injuries and losses

  • Because of the death, one or more living individuals (spouse, children, parents of child) suffered losses

  • There are recoverable damages for your lost loved one’s estate


With the help of our experienced Orland Park, Illinois, wrongful death lawyer, we can help you in gathering the appropriate evidence to prove each of the above criteria and then filing a wrongful death lawsuit against the responsible party. Do not let the death of a loved one at the hands of negligence or careless driver be left without the justice you and your family deserve.



How Often Do Wrongful Deaths Of Pedestrians Occur?


According to the Governors Highway Safety Association (GHSA) and the preliminary reports from the State Highway Safety Offices (SHSOs), there are projected to be 6,721 pedestrian fatalities reported for all 50 states and the District of Columbia combined (a 4.8% increase from 2019). 


Additionally, from 2010 to 2019, the roadways have seen a 46% increase in pedestrian fatalities compared to only a 5% increase for all other types of traffic deaths.


For more than 6700 families, there has been a substantial and severe loss, a hole in their families that can never be filled, and a wound that will never heal. But these families may be able to get justice for the death of their loved ones at the hands of someone else’s negligence on the road. 


With an experienced wrongful death lawyer, they (and any families who may suffer a similar loss in the future) may be eligible for filing a wrongful death lawsuit.



Who Is Eligible To File A Wrongful Death Claim?


When a pedestrian is struck by a motor vehicle and is killed as a direct result of the accident, the deceased’s family members may be eligible to file a wrongful death lawsuit against the negligent party. 


Family members who may be able to file the suit include the deceased person’s:

  • living spouse

  • parent (if the victim was a minor child)

  • adult child


Others may also file a suit if the victim named them as a personal representative before their death or by the court after their death. Finally, more distant relatives may also file a suit if no other close living family members are available.


In a wrongful death claim, the family of the loved one may receive compensation from the negligent party for such things as the pain and suffering from your profound loss and the expenses incurred from the death, including the funeral and burial of the deceased family member.



Contact Our Experienced Orland Park And Chicago, IL Wrongful Death Attorney


Suppose you live in Orland Park or Chicago, IL, area and dealing with a sudden loss of a loved one due to a pedestrian accident. In that case, you may be eligible to file a wrongful death suit against the negligent party who caused the accident. 


The Orland Park office of personal injury attorney Michael J. Brennan is here to help you get justice and compensation for your losses.


Contact our experienced legal firm today for a free consultation to discuss your wrongful death case and how you may be able to recover damages from the loss. 


When another person’s negligence or carelessness on the road directly causes the death of a pedestrian, the family of that person deserves to fight for justice and compensation for the loss.


At the Law Offices of Michael J. Brennan, our legal team has over 35 years of experience helping personal injury and wrongful death clients pursue justice and help to pay for the expenses caused by accident. 


Call today to discuss your case in a free consultation with our Cook County experienced personal injury attorney.

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