Pedestrian accidents involving roadways are tragically common and often result in severe injuries or fatalities. Whether a pedestrian is crossing a street, changing a tire, or assisting another motorist, their vulnerability to vehicles makes these situations especially dangerous. At John J. Malm & Associates, we have successfully represented clients in pedestrian accident cases, securing justice and compensation for victims and their families.
Pedestrian accidents in these situations are often caused by a driver’s failure to keep a proper lookout, drive at a safe speed, or yield the right of way. In this blog, we’ll explore the risks pedestrians face, the legal duties of drivers, and how our firm has helped victims in these cases.
Why Roadway Pedestrian Accidents Are So Dangerous
Pedestrians lack the physical protection that occupants of vehicles have, making them highly vulnerable in collisions. When struck by a vehicle, pedestrians are often thrown, crushed, or run over, leading to life-threatening injuries or death. The National Highway Traffic Safety Administration (NHTSA) reports that pedestrians are 1.5 times more likely to be killed in traffic crashes than vehicle occupants.
Common scenarios in which pedestrians are struck on roadways include:
- Changing a Tire: Pedestrians on the side of the road changing a tire or working on a vehicle are in a precarious position. Drivers who fail to notice the pedestrian, whether due to distraction or speed, put the pedestrian in significant danger.
- Crossing the Road: Pedestrians crossing a street, even in a marked crosswalk, are vulnerable if drivers fail to yield the right of way. This can be especially dangerous in low visibility conditions or at high-speed intersections.
- Walking Along the Roadside: In areas without sidewalks, pedestrians may be forced to walk along the road shoulder. Drivers who drift off the road, fail to see the pedestrian, or drive too fast for conditions pose a serious threat to pedestrian safety.
According to the Illinois Department of Transportation (IDOT), pedestrian fatalities account for approximately 16.9% of all traffic-related deaths in the state. In 2022, pedestrian fatalities in Illinois reached their highest levels in over a decade, highlighting the need for greater awareness and driver responsibility.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in severe, life-changing injuries due to the significant force of the impact. Some common injuries include:
- Traumatic Brain Injuries (TBI): Pedestrians who hit their head on the pavement or are thrown in a collision may suffer traumatic brain injuries, leading to long-term cognitive or physical impairments.
- Spinal Cord Injuries: The impact from a vehicle can result in serious spinal cord injuries, which may cause permanent paralysis or loss of mobility.
- Fractures and Broken Bones: Pedestrians often suffer broken bones, especially in the legs, arms, and hips, due to the force of impact and subsequent fall.
- Internal Injuries: The force of a vehicle strike can cause significant internal bleeding and organ damage, which can be life-threatening if not treated immediately.
- Lacerations and Disfigurement: Cuts, abrasions, and permanent scarring are common, particularly when pedestrians are thrown across the pavement or struck by additional vehicles.
Legal Duties of Drivers in Pedestrian Accidents
Drivers in Illinois have a legal duty to exercise caution when pedestrians are in or near the roadway. Failure to adhere to these duties can lead to serious accidents, making the driver liable for the injuries or death that results. Key legal responsibilities include:
- Exercise Caution When Approaching Pedestrians: Drivers must remain vigilant when approaching areas where pedestrians are likely to be present, such as near disabled vehicles, intersections, and crosswalks. Drivers are expected to slow down and be prepared to stop to avoid striking pedestrians.
- Yield the Right of Way to Pedestrians: Under Illinois law, drivers are required to yield the right of way to pedestrians in marked crosswalks. Even when a pedestrian is not in a crosswalk, drivers must exercise extra caution to avoid hitting them. The Illinois Vehicle Code, 625 ILCS 5/11-1002, outlines that drivers must yield to pedestrians at all crosswalks, even if they are unmarked at intersections.
- Drive at a Safe Speed: Driving at an excessive speed reduces a driver’s reaction time and increases the likelihood of a collision. Drivers must adjust their speed based on road conditions, visibility, and traffic patterns.
- Keep a Proper Lookout: One of the most critical responsibilities for drivers is maintaining a proper lookout. Failing to pay attention to pedestrians—whether due to distractions like cell phones, inattention, or impaired driving—can result in deadly consequences.
In many of the cases our firm has handled, we have successfully demonstrated that a driver’s failure to keep a proper lookout or reduce speed contributed directly to the pedestrian’s injuries or death.
Comparative Negligence in Pedestrian Accidents
Illinois follows a system of modified comparative negligence, which allows a pedestrian to recover compensation even if they were partially at fault for the accident. Under this rule, a pedestrian can still receive compensation as long as their share of the blame is less than 50%. However, the total amount of damages awarded will be reduced by the percentage of fault assigned to the pedestrian.
For example, if a pedestrian is found to be 20% at fault for crossing outside a marked crosswalk, their total compensation would be reduced by 20%. It is essential to work with an experienced attorney to ensure that liability is fairly assigned and to maximize recovery.
How We Succeed in Pedestrian Accident Cases
At John J. Malm & Associates, our top-rated Illinois car accident attorneys have successfully represented numerous clients in pedestrian accident cases, particularly those involving pedestrians struck while changing a tire, crossing the road, or walking alongside the roadway. Our team conducts comprehensive investigations and works diligently to prove driver negligence.
- Investigating the Accident: We thoroughly examine the accident scene, collect witness statements, gather traffic camera footage, and review police reports to reconstruct the events leading up to the collision.
- Proving Negligence: We work to demonstrate that the driver failed to keep a proper lookout, exceeded the speed limit, or violated their duty to yield the right of way to the pedestrian.
- Securing Compensation: Our goal is to recover compensation for medical expenses, lost wages, pain and suffering, and other damages for victims and their families.
“Drivers have a responsibility to stay alert, especially when approaching areas where pedestrians may be vulnerable, such as when changing a tire or crossing a road. Failing to keep a proper lookout can lead to deadly consequences, and we are committed to holding negligent drivers accountable,” says John J. Malm, Illinois pedestrian accident attorney.
Conclusion
Pedestrian accidents in the roadway are often preventable tragedies caused by a driver’s failure to exercise care. Whether a pedestrian is crossing a road, changing a tire, or walking along the roadside, drivers must remain vigilant, drive at a safe speed, and yield the right of way to protect lives.
At John J. Malm & Associates, we have successfully handled numerous pedestrian accident cases and are dedicated to helping victims and their families recover the compensation they deserve. If you or a loved one has been injured in a pedestrian accident, contact our offices in Naperville or St. Charles today for a free consultation.