Experienced Naperville Personal Injury Attorneys Explain How Victims Achieve Justice After Being Hit by a Vehicle

Pedestrian accidents are some of the most severe and life-altering types of motor vehicle collisions. According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 pedestrians are killed annually, and over 130,000 are injured in traffic-related incidents in the United States. In Illinois alone, the Illinois Department of Transportation (IDOT) reports thousands of pedestrian crashes each year, many resulting in catastrophic injuries.

This blog walks through the steps of a typical Naperville pedestrian accident case, using a fictional example to illustrate the steps involved—from the moment of the accident to investigation, settlement negotiations, or trial.

The Incident: A Fictional Case

Jack, a 45-year-old accountant, is walking to his local Naperville coffee shop early one morning. As he crosses the street in a clearly marked crosswalk, a distracted driver runs a red light and strikes Jack with their SUV. The impact throws Jack several feet, leaving him unconscious and bleeding.

Emergency responders arrive and rush Jack to the hospital, where doctors diagnose him with multiple serious injuries, including a fractured leg, a broken arm, and a concussion. Jack faces several months of recovery, missed work, and significant medical bills.

crosswalk

Step 1: Seeking Immediate Medical Treatment

Jack’s immediate focus is receiving life-saving medical treatment. At the hospital, doctors:

Stabilize his condition and address his injuries.
Set his fractured leg and arm and place them in casts.
Monitor him for symptoms of traumatic brain injury (TBI) due to the concussion.

Jack’s doctors document the severity of his injuries and the treatments provided in his medical records, which will later serve as crucial evidence in his personal injury claim.

Step 2: Reporting the Accident

Law enforcement officers investigate the scene of the accident. Their police report includes:

A statement from Jack that he was in the crosswalk when he was struck.
Witness statements from bystanders who saw the crash.
Details about the driver’s behavior, including evidence that the driver was texting at the time of the accident.
Photos of the scene, showing the SUV’s position and the damage caused.

The police report establishes that the driver violated traffic laws by running the red light and failing to yield to a pedestrian in a crosswalk.

Step 3: Consulting a Naperville Personal Injury Attorney

After Jack is released from the hospital, he consults an experienced Naperville personal injury attorney to understand his legal options. During the consultation, his attorney:

Reviews the police report, medical records, and witness statements.
Explains Illinois’s pedestrian laws, which protect individuals like Jack from reckless drivers.
Advises Jack on pursuing a claim for compensation to allow him to cover his medical bills, lost wages, and pain and suffering.

Confident in the attorney’s expertise, Jack hires them to represent him in his claim against the at-fault driver.

Step 4: Investigating the Case

Jack’s accident attorney conducts a thorough investigation to build Jack’s case, including:

Examining Traffic Camera Footage: Confirming the driver ran the red light and was distracted by their phone.
Collecting Witness Statements: Strengthening the claim with accounts from people who saw the crash.
Analyzing Medical Records: Documenting the extent of Jack’s injuries, the treatments required, and his prognosis for recovery.
Assessing the Driver’s Behavior: Determining whether the driver’s actions were negligent or reckless.

This investigation uncovers that the driver had a history of speeding tickets and traffic violations, further demonstrating negligence.

Step 5: Filing an Insurance Claim

Jack’s attorney files a claim with the at-fault driver’s auto insurance company, seeking compensation for:

Medical Expenses: Including emergency care, surgeries, and ongoing physical therapy.
Lost Wages: Covering the time Jack is unable to work due to his injuries.
Pain and Suffering: Reflecting the physical and emotional toll of the accident.
Future Expenses: Accounting for long-term therapy and potential complications.

The driver’s insurance company assigns an adjuster to evaluate the claim but offers a low initial settlement, arguing that Jack’s injuries are not as severe as claimed.

Step 6: Negotiating a Settlement

Jack’s attorney pushes back against the insurance company’s lowball offer, presenting compelling evidence of the damages Jack has suffered, including:

Medical records detailing Jack’s fractures, surgeries, and ongoing treatments.
Traffic camera footage showing the driver’s red-light violation.
Expert testimony from a vocational rehabilitation specialist about Jack’s inability to work temporarily.

After several rounds of negotiation, the insurance company agrees to settle for its policy limits of $500,000, compensating Jack for his economic and non-economic damages.

Step 7: Preparing for Trial (If Necessary)

If the insurance company refuses to offer a fair settlement, Jack’s case may proceed to litigation. In that situation:

Jack’s attorney would file a lawsuit against the at-fault driver.
Both sides would exchange evidence during discovery, including depositions and accident reconstruction analyses.
Jack’s attorney would argue at trial that the driver’s reckless behavior directly caused Jack’s injuries and losses.

At trial, a jury would decide liability and award damages based on the evidence presented.

Step 8: Resolution

In Illinois, most pedestrian accident cases resolve through settlement, as in Jack’s case. However, if the case goes to trial, a judge or jury determines liability and awards damages. If Jack’s case had gone to trial, his attorney’s preparation and evidence would likely have resulted in a favorable verdict.

The Role of Insurance in Pedestrian Accident Cases

Insurance plays a critical role in resolving pedestrian accident claims. Here’s how:

Liability Coverage: The at-fault driver’s insurance policy covers damages up to the policy limits. In Jack’s case, the $500,000 settlement came from the driver’s liability insurance.
Uninsured/Underinsured Motorist Coverage: If the driver lacked adequate insurance, Jack’s own policy could provide additional compensation.
Defending the Driver: The insurance company provides legal representation for the at-fault driver if the case goes to trial.

Key Legal Concepts in Pedestrian Accident Cases

Duty of Care: Under Illinois law, drivers owe a duty of care to pedestrians, especially in marked crosswalks or areas with traffic control devices. The driver in Jack’s case violated this duty by running a red light and failing to yield.

Negligence: To succeed in a pedestrian accident claim, the injured party must prove that the driver’s negligence caused the accident. Jack’s attorney demonstrated that the driver’s distraction and traffic violation were the direct causes of the crash and Jack’s injuries.

Why Accountability Matters in Pedestrian Crashes

Pedestrian accidents often result in severe, life-changing injuries. Holding negligent drivers accountable not only ensures victims receive compensation but also sends a message about the importance of safe and responsible driving.

“Pedestrian safety is everyone’s responsibility. When drivers ignore their duty of care, justice demands accountability to protect not just the injured but every pedestrian who shares the road.” – John J. Malm, Naperville pedestrian accident attorney

How John J. Malm & Associates Can Help With Your Pedestrian Accident Case

At John J. Malm & Associates, we understand the devastating impact pedestrian accidents can have on victims and their families. With offices in Naperville and St. Charles, our award-winning team of Naperville car accident attorneys has recovered millions for personal injury clients here in Naperville and across Illinois. With over 90 years of combined litigation experience, we are dedicated to helping accident victims secure the compensation they deserve.

Contact us today to schedule your free consultation. Let us help you navigate the legal process and secure the compensation you deserve. Your recovery starts here.