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Compensation Options for Pedestrians Injured by HIt-and-Run DriversHit-and-run incidents involving vehicles and pedestrians are unfortunately common occurrences. A driver who strikes a pedestrian may be more prone to panic and flee the scene because they know that the pedestrian has likely suffered a severe or fatal injury. A pedestrian who has survived a hit-and-run incident often needs emergency medical treatments and lengthy rehabilitation. It is common for these incidents to cause permanent disabilities and emotional trauma. As an injury victim, you need compensation from the driver or your insurance provider.

Compensation from the Driver

The driver responsible for the hit-and-run could turn themselves in after they have calmed down and listened to their conscience. If the driver does not come forward, the police will try to identify the driver and bring them to justice. Your attorney can track the status of the case so that you are prepared to take civil action against the driver if they are found. To prove your injury claim, you can use evidence from the police report and witnesses, such as showing that:

  • The defendant was the driver of the vehicle that struck you;
  • The driver was at fault for the accident; and
  • The accident caused your injuries.

It is important to remember that decisions in criminal and civil cases are independent of each other. Illinois uses comparative fault when deciding whether to award damages in a personal injury lawsuit. Motorist usually must yield to pedestrians when there is a question about the right-of-way, but a pedestrian may share fault for the accident if they were behaving recklessly. The driver could be guilty of a hit-and-run charge but not liable for your injuries if you were more than half at fault for the accident.

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How Pedestrians Can Protect Themselves During the WinterThere are typically fewer pedestrians during the winter months, but winter conditions can make walking near streets more hazardous for those who brave the weather. Drivers bear most of the responsibility for preventing accidents involving pedestrians. As a pedestrian, you can take extra precautions to protect yourself and help drivers:

  1. Visibility: Daylight hours are shorter during the winter, and the snow can make it harder for drivers to see you. Wear bright colors during the day and reflective clothing at night. Walk in well-lit areas. Your own vision may also be diminished by the conditions and your need to bundle up. Make sure you are able to see around you in order to avoid potential hazards.
  2. Eye Contact: If you are at an intersection with a stopped vehicle, make eye contact with the driver before you cross. Do not assume that the driver notices you and knows that you plan to walk in front of the vehicle. By making eye contact, you are acknowledging that you see each other and understand who has the right-of-way.
  3. Footwear: Have on boots or shoes that are appropriate for the conditions you will be walking through. Your footwear should protect your feet from being numbed by the cold and give you enough traction to walk on slick surfaces. Slipping in or near an intersection puts you at greater risk of being hit by a vehicle.
  4. Stopping Time: Suddenly walking into an intersection forces a driver to react quickly. Vehicles need more time to stop in slick conditions, and slamming on the brakes may cause the driver to lose control. Be more cautious about when you enter an intersection because you know the driver may have difficulty stopping for you.
  5. Staying Out of the Road: You may be tempted to walk in the street if you reach an area of sidewalk that has not been cleared of snow. However, walking in a driving lane puts you at much greater risk of being hit because drivers are not expecting pedestrians in the road. If the pedestrian walkway is impassable, you should find an alternate route that does not involve walking in the street.

Contact a Barrington Personal Injury Lawyer

Being cautious may not prevent a pedestrian injury in all cases, but it eliminates needless risks. Behaving recklessly may also mean that you share responsibility for the accident, which can lessen your award in a personal injury case. A Barrington, Illinois, personal injury attorney at Joseph M. Lucas & Associates, LLC, can help you receive compensation when you have been injured in a pedestrian accident. Schedule a consultation by calling 847-381-8700.

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Dram Shop Law Allows Drunk Driving Victims to Sue Alcohol ServersMotor vehicle accidents involving intoxicated drivers can cause serious injuries and death. The victim in a drunk driving crash can sue the driver for personal injury compensation and the loss of a loved one. There is a third-party liability in Illinois that can extend to businesses that serve alcohol to drunk drivers. Illinois’ dram shop law allows a victim to receive additional injury compensation by filing a lawsuit against an alcohol vendor that is deemed partially responsible for a drunk driving incident.

Proving Liability

Illinois’ dram shop law applies to restaurants, clubs, retailers, and hospitality businesses. In most cases, an individual serving alcohol at a social gathering is not liable. For a successful lawsuit against a third-party alcohol vendor, the victim must prove that:

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Watching for Child Injuries After Car AccidentsBeing involved in a car accident can become a nightmare if you have a child with you in the vehicle. Your immediate concern will be to check for any visible injuries on your child, followed by medical attention. As with adults, some injuries that children suffer in car accidents take longer to develop or notice. However, children are different from adults because they are not adept at explaining their problems. As a parent, you must carefully watch your children for symptoms of longer-lasting trauma or injuries resulting from the car accident.

Head Injuries

Concussions are serious injuries but harder to identify than scrapes or broken bones. Symptoms of an internal head injury may manifest in your child’s behavior, such as:

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