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Pedestrian Accident Attorney

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For more than 35 years, Nessler & Associates pedestrian accident lawyers have represented pedestrian accident victims and their families across central Illinois. When you or a loved one are a victim of a pedestrian accident, the physical pain and mental anguish can be life-altering. A legal claim can help you with medical expenses and other related financial losses from the accident.

An experienced pedestrian accident lawyer from the law firm of Nessler & Associates can help you with the legal process after the unfortunate accident. We can assess your claim, answer your questions about your case, and help you get the financial compensation you deserve for your losses.

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Common Causes of Pedestrian Accidents

Pedestrian accidents are among the most common collisions in the United States. The National Highway Traffic and Safety Administration (NHTSA) reported that pedestrian deaths have increased by 13% from 2020 to 2021.

More than 104,000 pedestrians were treated for injuries in emergency rooms in 2020. The following are some of the most common causes of pedestrian accidents:

Marked Crosswalks

Pedestrians in crosswalks need to cross busy streets and intersections safely. Drivers must yield to pedestrians crossing an unmarked crosswalk or a marked crosswalk.

However, many drivers may fail to yield at these crosswalks. In a Federal Highway Administration (FHWA) study, accidents on a marked crosswalk without other improvements were higher than on unmarked crosswalks.

Besides the driver, other potential defendants in crosswalk negligence may include governmental agencies and engineering firms because those who design and maintain public crosswalks have a duty to consider pedestrian safety.

Distracted Driving

A pedestrian accident can occur when a driver has other distractions, taking their attention off the road. Distractions include texting while driving, talking on their cell phone, or engaging with other passengers in the vehicle. In 2019, about 1 in 5 distracted driving victims were walking, biking, or doing something else outside of a vehicle.

Left-Hand Turns

When making a left-hand turn, drivers need to check for pedestrians before pulling out into traffic. Drivers may not expect pedestrians to step into their path at an angle while they make their turn.

The NHTSA reports that nearly 22% of pedestrian accidents occur because of left turns at intersections. Right turns cause only 1.2% of crossing accidents.

Reduced Visibility at Night

Pedestrians who walk at night face an increased risk of being hit by a car. This is because drivers cannot see pedestrians as well in the dark, making it more difficult to avoid collisions.

Over 75% of all fatal pedestrian accidents occur at night. The number of nighttime pedestrian accidents is consistent throughout the week, peaking on Saturdays.

Impaired Driving

Drunk driving impairs people’s judgment and reflexes, leading to poor decision-making while behind the wheel. Alcohol consumption also makes it harder for a drunk driver to notice objects in their path and react quickly enough to cause a dangerous traffic crash.

The Governors Highway Safety Association (GHSA) reported that pedestrian deaths had grown to their highest level in 2021 since 2006 because of drivers’ poor behavior, such as intoxicated driving.

Speeding

Speeding vehicles have less time to react and stop when pedestrians step out into the road. Speeding also increases the severity of injuries suffered by pedestrians hit by speeding vehicles. A study from 2011 found that pedestrian injuries increased for cars traveling 16 mph and jumped to 90% for vehicles traveling 46 mph.

If you have been injured as a pedestrian in an accident, you may be eligible for compensation from the at-fault driver’s insurance company through a pedestrian accident claim. At Nessler & Associates, we have the legal experience and skill necessary to help you file a claim against the negligent driver and their insurance company.

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Common Injuries in Pedestrian Accidents

Pedestrian accident injuries often vary depending on what type of traffic accident they were involved in and how fast the vehicle was traveling when it struck them. Some of these injuries can become catastrophic, resulting in lifelong paralysis and chronic pain.

A pedestrian accident may lead to the following types of injuries:

Broken bones

These can occur when a pedestrian is struck by a vehicle or falls due to being hit by a vehicle. Broken bones are most common in pelvic injuries and rib fractures, but they may also occur in the spine.

In some cases, recovering from a severely broken bone may take months. The bones may not heal properly for other victims of pedestrian accidents, resulting in both long-term and severe pain.

Spinal cord injuries

A motor vehicle accident may injure the spinal cord in several ways. Upon impact, the vertebrae can crush or pierce the spinal cord, while twisting and stretching can damage it.

The loss of function can depend on the degree of the injury and nerve damage. An injury to the upper spinal cord can paralyze most of the body and cause loss of function in the limbs. Having paralysis of the legs and lower body due to a lower spinal cord injury is referred to as paraplegia.

Traumatic brain injuries

The severity of a head injury is based on how much brain damage occurs to its delicate tissue during impact and whether any broken bones puncture vital structures within the skull, such as blood vessels or nerve cells that control movement.

The symptoms may persist anywhere from a couple of hours to weeks in the cause of a mild traumatic brain injury. Severe injuries to the head can cause various short-term effects, including memory issues, headaches, and confusion.

These traumatic brain injuries require extensive medical treatments, such as medications, surgeries, and long-term rehabilitation.

In addition to the physical pain, medical care can cause financial hardship. A personal injury lawyer at our law firm can review all your medical bills and records related to your accident to calculate the fair compensation you need to pay for your care.

Seeking Compensation for Your Losses

Pedestrians who have been hit by a vehicle are entitled to file a claim against the at-fault party, just like in any other car accident. At Nessler & Associates, we are ready to do whatever it takes to make sure you are properly compensated for your injuries.

When you file a pedestrian accident lawsuit, it must include the ‌economic and non-economic damages you need for your financial recovery. These financial losses include:

Medical expenses

Medical bills from these injuries can quickly add up during your recovery time. It is important to keep all medical records from follow-up care with your doctor and other healthcare providers. This includes out-of-network doctors’ bills if they were necessary, prescription medications, and physical therapy sessions.

Wage loss and diminished earning capacity

If you had to take time off from work for your recovery, your W-2s and paystubs can prove the amount of money you could have earned if it weren’t for the accident. This includes overtime pay and any bonuses or commissions that were lost due to being unable to work.

You may also be entitled to compensation if you are injured and can no longer work in the same capacity or at all.

Pain and suffering

This type of damages help compensate victims for their emotional distress, loss of enjoyment, and any physical impairments caused by the accident. Your lawyer estimates reasonable compensation for pain and suffering based on a few criteria.

These factors include the type of injury you sustained, your recovery time, and whether the injury has long-term implications such as rehabilitation and job loss.

Wrongful death

In some cases, wrongful death lawsuits may be filed against the negligent parties when there has been a fatality due to someone else’s negligence or recklessness.

Nessler & Associates’ personal injury attorneys can investigate your case for potential sources of compensation, including whether the defendant has an umbrella insurance policy. This additional insurance policy enables us to strategically negotiate to maximize your compensation, getting you the award and justice you deserve for your loss.

Tips to Avoid a Pedestrian Accident

Pedestrian safety is a shared responsibility between drivers and walkers. As a pedestrian, you should follow safety recommendations to keep yourself safe, especially if you plan to walk at night.

  • Follow your state’s traffic laws and obey the traffic sign before you cross the street.
  • Using a flashlight and reflective clothing increases your visibility.
  • Cross at marked crosswalks or intersections whenever possible. Remember to look both ways before crossing, especially for those turning left or right.
  • Consider walking on a sidewalk or pedestrian bridge rather than crossing a street.
  • When there is no sidewalk or walkway, walk on the shoulder facing oncoming motor vehicles and as far from busy traffic as possible.
  • Observe traffic for a time and space to cross safely, and continue to watch out for oncoming cars.
  • Don’t walk with your headphones on or using your phone, which can cause distractions.

Contact a Nessler & Associates Pedestrian Accident Attorney Today

If you have been in a pedestrian accident caused by another person’s negligence, the knowledgeable pedestrian injury attorneys at the law office of Nessler & Associates can help you with your pedestrian accident claim. The attorneys in our firm have the ‌experience to compile an effective claim and pursue fair compensation for your injuries or the loss of someone you love.

If you are not offered a fair settlement, we can take your case to trial and represent you in court.

Contact us today at (800) 727-8010 to schedule a no-obligation, free consultation with one of our lawyers. Our personal injury lawyers operate on a contingency fee basis, so you are not obligated to pay us anything unless we win or settle your case.

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in this medical negligence/ educational negligence action involving a 76 year-old victim of medical malpractice. The victim suffered severe a neurological and neuro-systemic injury after the radiologist implemented an incorrect contrast medium during myelogram.

$2.1Million Awarded

in a case where a bicyclist was struck by a state vehicle. The driver of the state vehicle had negligently taken his eyes off of the roadway to retrieve an object from the vehicle’s floor.

"A few years ago a drunk driver hit me so hard it flipped the car and broke my elbow. So I called the lawyers here and they got me the money I needed to get the surgery I needed to save my arm. Faster than thought was possible. I may not be able to move it today without their help."

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in a product liability case which involved a defectively designed seat belt in a vehicle. The victim suffered partial paralysis.

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in a slip and fall on ice outside a restaurant in Springfield, Illinois. The ice accumulated by reason of negligently routing water from a downspout.

$15 Million Collected

in a catastrophic injury case involving a 13 year-old plaintiff who suffered permanent brain injury in a rollover crash. There were negligent acts alleged of several Defendants.

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in a case stemming from the death of a minor who fell into a mobile home park’s sewage treatment lagoon. An offer of $50,000 was made prior to trial.

$3.5 Million Awarded

in a medical negligence case due to the failure to appropriately diagnose stroke symptoms, resulting in severe and permanent disability.

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in aggregate, to childhood victims of sexual abuse by a member of the Clergy.

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in aggregate, to victims of childhood sexual abuse by Catholic priests.

$1 Million Awarded

to minor victims of sexual abuse by a daycare worker. The daycare was charged with negligent hiring and retention of an employee.

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in a medical negligence case due to a birth trauma, to a baby in delivery, resulting in significant cerebral palsy.

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