The number of serious or deadly motor vehicle accidents in the Chicago area where pedestrians are struck and suffer permanent harm or fatal bodily injuries is unacceptably high. Pedestrians are being killed in Chicago pedestrian accidents every week, as confirmed by our local news media. Read, Chicago Pedestrian Accidents: How Dangerous Are Chicago Streets?.
After a severe or fatal pedestrian accident, there will be a police investigation of the crash, with a police report filed with the local authorities. In the case of a hit-and-run, these criminal investigations can be intense: state prosecutors will likely seek to file felony charges against the driver who chose to drive away from the Chicago accident scene. See, Hit-and-Run Pedestrian Accidents in Chicago.
Meanwhile, the pedestrian victim and grieving loved ones are burdened with the emotional trauma of the accident and its tragic, life-altering consequences. Sadly, they will also have to bear the significant responsibility of seeking justice in the civil system.
State attorneys do not file claims for civil monetary damages on their behalf. Those who are liable have no legal duty to come forward and admit liability to those they have hurt. It will be the victim’s job to seek justice in civil courts. There will also be a legal deadline to meet here. If the victim files a claim after the deadline, it will be barred regardless of its legitimacy under the state “statute of limitations.”
Accordingly, in tandem with law enforcement inquiries into the pedestrian accident, the pedestrian who was hit and those acting on behalf of this accident victim can advance an independent investigation into what happened. After the victim’s facts are gathered and legal research is done, the pedestrian can then assert civil claims for monetary damages against the driver and other parties who may be legally liable for the pedestrian accident.
Blaming the Pedestrian in a Chicago Pedestrian Accident
Whenever these claims advance, the pedestrian as claimant-plaintiff must understand that aggressive, well-financed, and experienced insurance company adjusters and defense attorneys will be ready to counter any claims made against the driver, and other parties, based upon a variety of defenses.
Missed the Filing Deadline: Statute of Limitations
The deadline for filing is one example. The Illinois Statute of Limitations is a longstanding legal defense argument in any personal injury case that is very powerful if the claim has been made too late. The statute of limitations defense can have the entire claim dismissed as a matter of law.
In the State of Illinois, the victim has two (2) years from the date of the accident to file legal claims based upon resulting injuries or death.
There are exceptions to this deadline. For instance, if the at-fault driver drives into Indiana to hide from responsibility, then the clock stops running as long as the filing deadline has not passed before the driver snuck over the state line. The statute of limitations is “tolled” until the driver comes back into Illinois. Then the clock starts running again, and the victim has to file before the delayed deadline passes.
Pedestrian Caused the Accident: Victim at Fault
Another common argument made by defense attorneys in fatal motor vehicle crashes, particularly pedestrian accidents, is that the victim caused the accident. Here, the driver will have legal arguments based upon legally defined duties of care placed upon the pedestrian. Both Illinois state law and the Chicago city code have placed these duties of care upon pedestrians as well as drivers. For details, see Chicago Pedestrian Accidents: Duties of Care in State Statutes and City Codes.
If the pedestrian can be blamed for everything that happened, then the driver can escape having to pay any damages claims.
Distracted Pedestrians
One example might include witnesses who will testify that the pedestrian was distracted at the time of the pedestrian accident. More and more research studies are warning that smartphone use by those walking alongside or across roadways make pedestrians distracted and at risk of harm in a crash.
Read, Sobrinho-Junior, Sidney Afonso, et al. “Risks of accidents caused by the use of smartphone by pedestrians are task-and environment-dependent.” International journal of environmental research and public health 19.16 (2022): 10320. Also read: “Accidents From Distracted Phones in Indiana and Illinois: Deadwalkers and Petextrians.”
Distracted pedestrians can be argued to have violated their duty of care and therefore are at least partially to blame for the Chicago pedestrian accident.
Jaywalking Pedestrians
Another example where the defense will blame the pedestrian for the crash is when there is evidence that the pedestrian did not walk to the crosswalk at the intersection, but chose to jaywalk between parked cars and into the path of traffic. Doing so is in violation of Illinois state law; see 625 ILCS 5/11-1003.
Proof of jaywalking can be another legal defense placing fault for the pedestrian accident upon the person who was hit.
Contributory Fault in Chicago Pedestrian Accidents
Under Illinois law, the state will allow the pedestrian victim to be awarded monetary damages from the driver, and any other third parties who are shown to have breached legal duties of care in the crash, as long as the percentage of fault of the pedestrian-plaintiff-claimant is less than 50%. See 735 ILCS 5/2-1116.
In legal terms, this is the concept of “contributory fault.” As long as the pedestrian victim is not found to be over 50% responsible for the Chicago pedestrian accident, then monetary damages will be paid by the defendants who are deemed liable for the crash.
Their total liability claims will be discounted by the level of fault accorded to the pedestrian-plaintiff. For more, read Illinois Pattern Jury Charges for Comparative Negligence; Illinois Department of Insurance discussion on Comparative Negligence.
Justice for Victims of Chicago Pedestrian Accidents Blamed for the Crash
Especially for pedestrians who die as a result of the physical injuries they sustained after being hit by a motor vehicle on a Chicago street, the audacity of a driver to point the finger at that pedestrian-victim seems almost as horrendous as the accident itself. After all, pedestrian accidents are often horrific in the scope of bodily harm suffered by the victim. How callous can an insurance adjuster or defense attorney be to suggest that the pedestrian was at fault?
Sadly, Chicago pedestrian accident victims and their loved ones must be prepared to counter all sorts of defense arguments in their pursuit of justice.
They need to be able to confirm on a calendar that they have filed within the legal filing (limitations) deadline. They must stand firm when it is suggested that the pedestrian caused the accident, totally or at least in part. Any percentage of blame that the defense can establish against the plaintiff-claimant is a dollar discount on their legal liability. These challenges will happen, and the pedestrian accident victim must be prepared for them, as insulting as they may be.
For more on Chicago pedestrian accidents, read:
- Chicago Pedestrian Accidents with Commercial Vehicles
- Why is Chicago So Deadly for Pedestrians?
- Causes of Chicago Pedestrian Accidents
- Pedestrian Accident Deaths in Indiana and Illinois: The Rising Danger of Dying While Walking
- The Primary Cause of Fatal Child Pedestrian Accidents is the Vehicle.
In Chicago, pedestrians face a shockingly high risk of being permanently harmed or killed in a pedestrian accident involving all types of motor vehicles, from sedans and SUVs to delivery trucks, buses, and trains. In the aftermath, these victims may face another assault as fingers are pointed at them for being at fault for their injuries. Please be careful out there!
