Pedestrian Accident Attorney Fairview Heights, IL

Who Has the Right of Way in a Pedestrian Accident?

Many people think the driver is always at fault in a pedestrian accident, but that is not always the case. Missouri and Illinois laws are very clear about the rights and obligations of pedestrians. These laws state that pedestrians have the right of way when they are:

• In a marked crosswalk or are a child close to a crosswalk in a school zone
• In an unmarked crosswalk on the driver’s side of the road and traffic control signals are not present
• Crossing a street on a green light or following a walk signal
• Entering or leaving a road from a private road, alley, or driveway
• Entering an intersection with a yellow arrow flashing
• Entering a crosswalk before the light has changed

Just as pedestrians often have the right-of-way, drivers often do, as well. Drivers have the right-of-way when they are traveling down a road that does not have a marked or unmarked crosswalk present. When pedestrians jump out in front of cars in these areas and are hit, they can be found at fault for the crash. Likewise, pedestrians can be held at fault if they step in front of a moving vehicle that is so close such that it would be impossible for the driver to avoid.

How Can an Attorney Help?

Pedestrian accidents result in some of the most serious injuries. Pedestrians do not have any of the protection that drivers enjoy, such as a steel frame that surrounds them, airbags that lessen the impact of a crash, or even a helmet—as motorcyclists and cyclists do. It is extremely difficult for accident victims to file a claim properly when they are trying to recover from these serious injuries. When working on a claim, a lawyer will:

• Obtain and review the accident report filed by law enforcement
• Collect evidence from the accident scene
• Analyze damage to the driver’s vehicle
• Identify eyewitnesses and collect statements from them that support the pedestrian’s claim
• Obtain video surveillance from nearby businesses, dash cams, and other areas and analyze the footage
• Subpoena the driver’s cell phone records, if appropriate
• Obtain the results of a driver’s chemical test, such as a breathalyzer test or blood or urine sample
• Download and analyze recorded information from electronic devices, if applicable
• Collect medical records

The above are just a few ways in which a lawyer can help after a pedestrian accident. At Jerome, Salmi & Kopis, LLC your attorney will always act as your advocate and work tirelessly to help ensure your rights are upheld.

Determining Liability in a Pedestrian Accident

It sometimes seems obvious to pedestrians that the driver was at fault for their crash. However, this is not always the case. Sometimes, the pedestrian may hold a certain portion of blame. Other times, a driver’s employer may be partly to blame, or even a social host or bar that provided alcohol to the driver before they got behind the wheel. While a driver may hold a certain degree of fault in these cases, other parties can sometimes be held liable as well.

Statute of Limitations in Pedestrian Accident Cases

All personal injury claims in are governed by a statute of limitations, or a time limit, in which you must file your claim. After a pedestrian accident, victims in Illinois have only two years after the date of the accident to file a claim. In Missouri, victims have five years to file a personal injury claim. When a claim is not filed within this timeframe, accident victims will forfeit their right to claim any damages.

Many accident victims think that two or even five years is a long time to file a claim. Unfortunately, it is not. Conducting an investigation and collecting evidence all take time, so it is important that any pedestrian accident victim speak to a lawyer as soon as possible.

Get Legal Help Today

If you or a loved one has been hurt in an accident, the experienced pedestrian accident attorneys at Jerome Salmi Kopis, LLC can assist with your case. Contact us today to schedule a free consultation.