Former State's Attorney With Over 38 Years of Experience

medic applying emergency care after a pedestrian is injured in roadway

Orland Park Pedestrian Accident Attorney

My firm, Michael J. Brennan Injury & Accident Lawyer, understands the huge impact a pedestrian accident can have on your life in Orland Park. With a proven history of successfully managing such claims, my team will guide you through your legal options and support your journey to recovery. Contact us today for a free consultation and learn more about how we can help you if you’ve been injured in one of these unfortunate accidents.

Liability in Orland Park Pedestrian Accidents

The first step in any accident claim is figuring out who is responsible. In a pedestrian accident, this is typically fairly straightforward: it’s going to fall on the person that hit you while you were walking and they bear a general obligation to yield to pedestrians, particularly at intersections and crosswalks–common sites for pedestrian accidents.

However, if you’re looking to file an injury claim, establishing liability is crucial for seeking the available financial support for the injuries and other damage you’ve suffered. Proving fault involves demonstrating that the driver acted negligently, leading to the accident. Here are the key elements you need to show:

  • The driver should have made an effort to avoid causing an accident or harm.
  • The driver failed to uphold this duty due to careless actions.
  • The accident occurred because the driver neglected their duty.
  • Injuries resulted from the driver’s actions.

In general, establishing these elements of negligence helps demonstrate the driver’s fault. However, every accident is unique. As such, other people or parties might share responsibility. For instance, if a malfunctioning street sign or a damaged sidewalk caused the accident, the city could be partially at fault. Similarly, if the driver’s brakes malfunction, the manufacturer might bear partial responsibility.

Can I Be Responsible?

While it’s uncommon, you, as a pedestrian, can sometimes share fault in an accident. Typically, this happens in the following circumstances:

  • Crossing the street in the wrong place
  • Disregarding traffic lights or signs
  • Darting into the street suddenly
  • Crossing the street under the influence of alcohol or drugs

Even if you share some blame, you can still seek financial support for the harm. Illinois follows a “comparative negligence” law, meaning your eventual damages will be reduced by your percentage of fault. If you bear more responsibility due to the mentioned factors, your damages will be adjusted accordingly.

What’s the Legal Process After a Pedestrian Accident?

Each pedestrian accident case is unique, and the financial support awarded to you hinges on the specific details and circumstances. It’s crucial to recognize that positive outcomes in the legal process aren’t guaranteed. Fortunately, the guidance of my team can significantly bolster your case for optimal results.

In a pedestrian accident–or any accident–your legal options are typically:

  • Filing an insurance claim
  • Filing a personal injury lawsuit

Both of these options involve formally laying out what happened and showing your injuries and damages. From there, an insurance adjuster or a defense lawyer will represent the at-fault parties, and will investigate the claim on their behalf. While every case plays out differently, the ultimate goal is for you to get financial support known as “damages.” Potential recoverable damages in these types of claims include:

  • Medical expenses – These cover ambulance and emergency services, hospitalization, diagnostic tests, surgery, follow-up care, and medication.
  • Future medical expenses – If your injuries require ongoing treatment with permanent disability, you can seek financial support for estimated future medical costs.
  • Costs for medical devices – Expenses related to essential items like wheelchairs, canes, or artificial limbs can be included in your claim.
  • Lost wages – Financial support for wages lost during the period you were unable to work due to the accident.
  • Lost earning capacity – If your injuries permanently take away your ability to work, you may be able to get financial support for the income you would have earned in the future.
  • Physical pain and suffering – Damages for the physical pain and discomfort resulting from the accident and your injuries.
  • Emotional distress – Financial support for the psychological impact of the accident.
  • Loss of companionship – These damages relate to if the accident adversely affects your relationship with your spouse, covering the loss of companionship and support.
  • Loss of quality of life – Financial support for losses stemming from significantly reduced quality of life and diminished ability to enjoy activities.
  • Punitive damages – In cases where the at-fault party acted intentionally or with gross negligence, serving as a form of punishment.

It’s important to note that not all these damages apply to every case. Consulting our team will help you understand the specifics of your situation and the potential damages you can pursue.

As with any injury claim in Illinois, there is a specific time frame within which you must file a claim. The current statute of limitations is set at two years from the date of your accident. Most pedestrian accidents leave lasting emotional and psychological damage beyond physical injuries, and our team is dedicated to ensuring you receive fair financial support for all your damages.

Should You Work With a Lawyer After a Pedestrian Accident?

Obviously, being in a pedestrian accident can be extremely challenging. Not only will you have to deal with your injuries and missed work, there’s likely emotional and psychological damage that you’re going to have to deal with. When you consider that getting the available financial support under the law involves filing a claim, you might think you can handle that, too. While it’s true that there’s not a law on the books that says you need to have a lawyer, working with my firm can make the process much easier on you. Here’s how:

  • Negotiating – Our experienced team is skilled at dealing with insurance companies. We know the common tactics they use, making our negotiations effective and improving the chances of securing a fair settlement.
  • Legal experience – Insurance companies often try to minimize payouts, but our team has a deep understanding of personal injury laws. We carefully evaluate the true value of your claim, taking into account all the ways the accident has affected you. We gather strong evidence to support your case and advocate for the maximum compensation you deserve.
  • Protecting your rights – Insurance companies have their own legal teams to protect their interests. With our personal injury team on your side, your rights and interests are also protected. Your attorney advocates for you, addressing any unfair tactics from the insurance company and working diligently to secure a fair and just settlement.
  • Easing your burden – Dealing with insurance negotiations can be stressful, especially when recovering from an injury. Our team takes on the responsibility of all communication, paperwork, and legal tasks, relieving the stress and allowing you to focus on your recovery.

Steps to Take After a Pedestrian Accident

While partnering with our team is crucial for your overall recovery, your immediate actions following the accident are equally vital to your claim. Therefore, it’s important to:

  • Take care of your health – Make sure to attend to your well-being. Even injuries that may seem minor could have delayed symptoms, so it’s important to consult with a doctor promptly.
  • Report the accident – Reach out to local law enforcement to come to the scene and create an accident report, which is a valuable document for the claims process.
  • Collect information – Obtain contact and insurance details from the other involved driver, and be sure to provide your information in return.
  • Speak with witnesses – Gather contact details from witnesses, as their statements can play a crucial role in confirming the sequence of events.
  • Capture photos and videos – Use your phone or camera to document the accident scene, including vehicle damage, injuries, and relevant road conditions.
  • Inform your insurance company – Regardless of fault, keep your insurer in the loop to ensure they are aware of the situation.
  • Preserve any evidence – Keep records of medical treatment, bills, and other expenses related to the accident for your case.
  • Follow your treatment plan – Make sure to follow the instructions provided by your doctor for recovery, to show proactive steps towards healing.
  • Exercise caution with statements – Refrain from discussing the accident with insurance companies without seeking legal advice. Avoid admitting fault or making statements without proper guidance.
  • Document the impact – Keep records of how the accident has influenced your life, noting missed work, emotional distress, or changes in daily activities.

Remember, each pedestrian accident case is unique, and necessary steps may vary. Consulting with our experienced Orland Park personal injury team can offer tailored guidance for your specific situation.

Free Consultations For Orland Park Pedestrian Accident Victims

Facing any accident in Orland Park is challenging, but especially as a pedestrian. The injuries and damages of these accidents alone can be overwhelming for most people. At Michael J. Brennan Injury & Accident Lawyer, our team is here to help. If you’ve sustained injuries in a pedestrian accident in Orland Park, contact us today for a free consultation. We’ll explain your options and provide the support you need.

Michael J. Brennan Accident & Injury Lawyer – Orland Park Office

16521 S 106th Ct
Orland Park, IL 60467
P: (708) 809-2211

Contact Us Now!