Pedestrian accident claims often result from motorists' failure to notice a pedestrian on the road. This is either because they are preoccupied with another task, such as talking on the phone, or because they are speeding. Filing for a pedestrian injury claim will often require you to be free from fault. For instance, if you are found to have walked on the road, regardless of the absence of a red walking light, your application will be rejected. It is imperative to obtain all possible accounts of the accident from witnesses, or even hire an investigator to gather and preserve all the evidence pertaining to the accident. Some of the common causes of pedestrian accidents include:
- Driving while distracted
- Driving recklessly
- Poor sidewalk maintenance
- Driving under the influence
- Lack of sidewalks
- Pedestrian inattention
- Parking lot defects
- Poor sidewalk maintenance
- Over-speeding and failing to adhere to the set limits on a particular road
You must find a witness who was present at the scene of the accident to testify that the accident in question occurred as a result of the motorist's negligence or recklessness. You will be required to collect a copy of the police report, proving that the said accident occurred at a particular place. It is also recommended that you get your injuries treated as soon as possible. The medical discharge papers, receipt and the doctor's note will essentially provide the required proof that you sustained injuries as a result of the pedestrian accident, and consequently spent a certain amount of money on medical treatment.
In deciding the compensation amount due to you, the court will often take into account several factors, including the condition of the road and the weather conditions at the time of the accident. The court will also review your medical records and decide on a sustainable amount of compensation, depending on the severity of the injury sustained. In the event that you are found to have suffered from severe head injuries, neck injuries, back injuries or permanent disability, you will be awarded maximum compensation. If you are unable to continue working due to the injury, the compensation amount will include lost wages. You may also qualify to recover damages for pain and suffering, property damage and emotional trauma.
In order to prove fault, you must be able to show that the driver or a property owner breached the duty of care owed to you by driving recklessly, running a red light, neglecting maintenance of the sidewalk or any other action or inaction that led to the injury.
If you are interested in getting maximum compensation for your pedestrian accident injury claim, it is advisable that you contract professional legal services. A personal injury attorney will help you in proving that the road accident in question occurred through no fault of your own but through the motorist's negligence. Moreover, the personal injury lawyer will help you with negotiating with the insurance company where applicable, talking to the witnesses and representing you in court.
It is extremely important that you seek legal assistance as soon as possible in order to file the claim within the statute of limitations. If you are looking for a competent personal injury lawyer in Chicago, contact Marc J. Shuman & Associates, LTD. They have seasoned attorneys who will effortlessly put together a solid case on your behalf, ensuring that you get the compensation that you deserve. They will gather all the relevant facts to enhance your chances of filling a successful claim against the person at fault.