Can I Sue if I was Hit by a Car While Jaywalking?

 Posted on September 03, 2018 in Pedestrian & Bicycle Accidents

One Sunday evening, 39-year-old Jerry Stern was riding his bike on a popular woody path. When he neared the end of the path, instead of turning around, he walked with his bicycle across Interstate 10 when a Toyota minivan drove up behind him struck him as he was crossing. The driver was traveling eastbound on I-10 when he hit the victim, who died at the scene. The cab driver is not injured but is under investigation pending the results of blood and alcohol tests.

What if I am Hurt by a Motor Vehicle?

Drivers have a duty to drive safely and lawfully. If traffic laws do not apply, the driver has the responsibility to act reasonably and prudently under the circumstances. Failure to do this is negligence, and you deserve to be compensated for your injuries.

If the driver who hit you was negligent, this means that he or she failed to drive safely and responsibly. Common mistakes negligent drivers make include:

• Car equipment failure (brakes, tires, headlights, etc.)
• Distractions such as cell phone usage and texting, eating, putting on makeup, and listening to music
• Failing to obey the posted speed limit
• Failure to yield to a pedestrian
• Intoxication

If a driver is negligent and you are injured, you have the right to seek compensation for your injuries, pain and suffering, or lost wages. If you are hit and injured by a car, make sure to copy down the driver's name, contact information, and insurance information. If your injuries are severe and you are unable to retrieve any information, ask for a copy of the police report after your injuries have healed. The police report will contain all of the personal information you need. Make sure to seek medical care. You will need to provide both the police report and medical bills as evidence later.

How do I Get Compensation for My Injuries?

Unfortunately, car accidents occur all too frequently. Some injuries sustained in minor car accidents are seemingly non-threatening due to the absence of visible trauma and are often ignored. However, failing to seek medical attention even after a minor car accident, or ignoring fleeting symptoms of injury can result in serious long-term effects.

The lawyers at Newland & Newland, LLP believe that all victims of negligence have the right to seek justice and fair compensation for their injuries. If you or a loved one has a potential claim that you would like to discuss with an experienced car accident and personal injury attorney, please contact us. Our lawyers can evaluate your case and consult you on your legal options. There is no charge for a consultation and you will never pay fees until we successfully resolve your claim.

(image courtesy of Bethany Legg)

Illinois residents in the Arlington Heights, Libertyville, Waukegan, Itasca and Chicago areas who have sustained serious injuries should consult with an experienced Illinois personal injury lawyer. Call us at 847-797-8000, or a fill out online contact form for a complimentary initial consultation. We will fight to get you maximum compensation for your injuries.