Aurora, IL Pedestrian Accident Lawyers

Top Personal Injury Attorney in Aurora, Illinois

Pedestrian accidents can have life-altering consequences for victims and their families. In Aurora, IL, with its bustling intersections and busy streets, pedestrian safety remains a critical concern. Unfortunately, accidents involving pedestrians continue to rise, often leading to severe injuries or even fatalities. At John J. Malm & Associates, we stand as advocates for pedestrian accident victims, helping them navigate the legal challenges that come with seeking justice and compensation after a tragic event.

If you or a loved one has been injured in a pedestrian accident in Aurora, our experienced car accident attorneys are here to help you understand your rights and options. With offices conveniently located in Naperville and St. Charles, we are accessible to clients throughout Aurora and the surrounding communities. Our goal is to provide compassionate, results-driven representation that holds negligent parties accountable and secures the compensation you deserve.

Understanding Pedestrian Accident Risks in Aurora, IL

The city of Aurora, like many urban areas, has seen a concerning increase in pedestrian accidents over the years. With high traffic volume, busy intersections, and a mix of foot traffic from residents, tourists, and commuters, certain areas can pose higher risks for pedestrians. Pedestrian accidents often occur at intersections, crosswalks, and roadways where drivers may not be as vigilant about yielding to people crossing the street.

Common factors that contribute to pedestrian accidents include:

• Distracted Driving: Drivers texting, using GPS, or otherwise not paying attention can easily miss pedestrians.
• Failure to Yield: Many accidents occur when drivers fail to yield to the right-of-way to pedestrians at crosswalks.
• Speeding: Higher speeds reduce a driver’s reaction time, making it harder to avoid hitting pedestrians.
• Impaired Driving: Drivers under the influence of alcohol or drugs have impaired judgment and slower reaction times, increasing the risk of accidents.
• Poor Lighting and Visibility: Nighttime or poorly lit intersections can make it more difficult for drivers to see pedestrians, especially in inclement weather.

When drivers fail to exercise caution and uphold their legal responsibilities, pedestrians can suffer catastrophic injuries. Common injuries in pedestrian accidents include broken bones, traumatic brain injuries, spinal cord damage, and, tragically, fatalities.

Legal Rights of Pedestrian Accident Victims in Illinois

Pedestrian accident victims in Illinois have specific legal rights that allow them to seek compensation for their injuries. Under Illinois law, drivers are expected to exercise a duty of care toward pedestrians. This duty includes following traffic laws, yielding to pedestrians in crosswalks, and remaining vigilant to avoid collisions. When drivers breach this duty, they can be held legally accountable for any harm caused.

In Illinois, pedestrian accident victims may be entitled to compensation for:

• Medical Expenses: This includes current and future costs for hospital stays, surgeries, physical therapy, medication, and other medical treatments related to the accident.
• Lost Wages: If you’re unable to work due to your injuries, you can seek compensation for lost income, including projected future income if you face long-term or permanent disability.
• Pain and Suffering: Physical pain and emotional trauma from a pedestrian accident can be significant, and Illinois law allows victims to seek damages for these intangible losses.
• Disability and Disfigurement: Severe injuries can result in long-term physical disabilities or disfigurement, impacting a victim’s quality of life and self-image.
• Loss of Enjoyment of Life: Compensation may also be available if the accident has affected your ability to enjoy daily activities, hobbies, or family life.

For families who have lost a loved one in a pedestrian accident, Illinois law also allows for wrongful death claims to cover funeral expenses, loss of companionship, and the financial support that the deceased would have provided. At John J. Malm & Associates, we work with families to navigate the complexities of wrongful death claims with empathy and diligence.

Establishing Fault in Pedestrian Accidents

To succeed in a pedestrian accident claim, it’s essential to establish that the driver’s negligence directly caused the accident. This requires proving several elements of negligence:

1. Duty of Care: Drivers owe a duty to drive safely and yield to pedestrians, particularly in marked crosswalks or school zones.
2. Breach of Duty: The driver must have breached this duty, such as by speeding, texting, or failing to yield.
3. Causation: It must be shown that the driver’s actions directly led to the pedestrian’s injuries.
4. Damages: Finally, we must prove the extent of the victim’s injuries and losses, from medical costs to emotional suffering.

In cases where the driver disputes liability, our attorneys may consult accident reconstruction specialists, gather witness statements, and review any available surveillance footage. Every detail matters, and our team is thorough in gathering evidence to support our clients’ cases.

Comparative Negligence in Illinois Pedestrian Cases

Illinois follows a modified comparative negligence rule, meaning that even if a pedestrian is partially at fault for the accident, they may still recover damages as long as they are less than 50% responsible. However, the compensation amount will be reduced by the percentage of fault assigned to them. For example, if a pedestrian is found to be 20% at fault for an accident, their compensation will be reduced by that percentage.

Understanding this rule is crucial, as insurance companies may attempt to shift some of the blame to the pedestrian to reduce their financial liability. Our Aurora pedestrian accident attorneys are experienced in countering these tactics and ensuring our clients receive fair treatment.

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

Navigating a pedestrian accident claim requires knowledge of Illinois laws, a strategic approach to evidence gathering, and skilled negotiation. Our attorneys bring decades of combined experience to every case, offering personalized, attentive service to help clients achieve justice and financial recovery. Here’s what we bring to each case:

Compassionate Client Care

We know that recovering from a pedestrian accident is emotionally and physically taxing. From the first consultation, we provide compassionate support, taking the time to understand your story and the unique challenges you face. Our team is here to handle the legal burdens so you can focus on healing.

Skilled Negotiation with Insurance Companies

Insurance companies are known for offering low settlements in pedestrian accident cases, hoping victims will accept less than they deserve. Our attorneys are skilled negotiators who understand these tactics and fight for maximum compensation. We handle all communication with insurers, ensuring your rights are protected.

Thorough Investigation and Evidence Collection

Building a strong pedestrian accident case requires thorough investigation. We gather police reports, medical records, witness statements, and, if necessary, partner with accident reconstruction experts to uncover what happened. Our attorneys leave no stone unturned in establishing the driver’s liability.

Preparedness for Trial

If an acceptable settlement cannot be reached, we are fully prepared to take your case to trial. Our attorneys have extensive courtroom experience and are committed to presenting a compelling case that highlights the full impact of your injuries.

Preventing Pedestrian Accidents: A Shared Responsibility

The recent rise in pedestrian accidents highlights the need for both drivers and pedestrians to be vigilant. While drivers bear the primary responsibility to yield and avoid distractions, pedestrians can also take steps to stay safe, including:

• Using Crosswalks: Cross only at designated crosswalks where drivers expect foot traffic.
• Avoiding Distractions: Refrain from using cell phones or wearing headphones that can interfere with your awareness of traffic.
• Making Eye Contact with Drivers: When crossing, ensure drivers see you and are stopping before you step into the roadway.

Creating safer roads in Aurora is a shared responsibility. Community members, local authorities, and drivers alike must work together to reduce accidents and protect lives.

Contact Our Aurora, IL Pedestrian Accident Lawyers Today

If you or a loved one has been injured in a pedestrian accident, it’s essential to have experienced legal representation on your side. At John J. Malm & Associates, we are committed to securing justice and fair compensation for our clients. Our team has helped countless pedestrian accident victims in Aurora, Naperville, St. Charles, and surrounding areas achieve the financial support they need to rebuild their lives.

We understand that each case is unique, and we approach every client with compassion, attention to detail, and a dedication to achieving the best possible outcome. We welcome you to reach out for a free consultation, where we can discuss the specifics of your case, answer your questions, and explain the next steps. Our Aurora personal injury firm is here to stand by you in your journey toward justice and recovery.

Contact us today to speak with an Aurora, IL pedestrian accident lawyer at John J. Malm & Associates. Let us help you take the first step toward justice.