From Walking to Jogging to Rollerskating, Beware of Vehicles!

pedestrian injury in MarionPedestrian accidents can happen suddenly and can precipitate serious, potentially debilitating or life-threatening injuries. In Illinois, the problem has increased in recent years. During the first half of 2018, 90 pedestrians were killed in traffic incidents. That number is a 19 percent increase from the first half of 2017.

Moreover, wrongful deaths from pedestrian mishaps in Southern Illinois increased between the years of 2008 and 2017 at a rate of 10 percent, while fatalities in all other traffic incidents rose only six percent.

Marion, Metropolis, Harrisburg, Benton

This problem could carry added significance in a city like Marion. This small suburban municipality situated in Southern Illinois is home to noted landmarks like Pyramid Park, Ray Fosse Park, the Emery Brothers Skating Rink and the Hub Recreation Center. Additionally, Marion also boasts several thriving thoroughfares, such as Main Street, Market Street, Champions Drive and Russell Street.

A city like Marion presents many opportunities for individuals to engage in activities like walking, running, rollerblading and rollerskating, especially as they are compelled to stay home during our current pandemic.

Unfortunately, however, these simple activities increase one’s chances of being hurt performing such activities or become injured while walking in a pedestrian accident involving an automobile. Such circumstances are even more pronounced amid the onset of spring and the Covid-19 pandemic, which prompt more people to get outside and enjoy fresh air, warmer temperatures and the limited amount of freedom they have these days.

Lawler and Lawler, an experienced personal injury firm serving the residents of Marion and surrounding regions, invites those who may have been hurt in such an incident to read the following short piece discussing such mishaps, the personal injury case process and the steps needed to be successful in such efforts.

Determining Fault

The first issue to be determined in any pedestrian accident lawsuit is fault. Many people might assume that incidents involving automobiles and pedestrians are always the motorist’s fault. In many instances, the driver, through actions like distracted driving, reckless vehicular operation or criminal malfeasance like drunk driving will be to blame. However, that is not always the case.

Furthermore, Illinois subscribes to a legal principle known as modified comparative negligence. This civil provision gives an adjudicating body the authority to assign a certain percentage of blame to each individual involved in the mishap under scrutiny. Additionally, if the plaintiff is assigned any percentage of fault, the amount of damages they can recover is reduced by said amount. For example, if they sued for $200,000 but was found 25 percent at fault, they would only be awarded $150,000. Moreover, the plaintiff in such cases cannot be found more than 50 at fault. If said subject is ruled to be so, they are not entitled to recoup any compensation.

Personal Injury Tenets

Success in a pedestrian accident will hinge on the plaintiff and the ability of said individual’s legal team to demonstrate several legal tenets germane to all personal injury cases. These provisions include that the motorist committed some type of negligent or malfeasant act, said act contributed to the injury-inducing accident, the plaintiff’s injuries are the result of said incident and no other physical or health problem and the damages sought are related to said injuries only.

Contacting Lawler and Lawler in Marion

Proving the aforementioned tenets typically requires the skills of an experienced personal injury lawyer like those employed at Lawler and Lawler in Marion and serving Metropolis, Benton and surrounding areas.

Individuals injured while jogging, walking, rollerblading or rollerskating are encouraged to call our offices. Our team of professionals will review your case and may be able to help you win compensation for your injuries. Further information click here for a free case evaluation.