With a severe or deadly pedestrian accident in the Chicagoland area, there is rarely just one victim suffering as a result of the crash. Of course, there is the person who was hit by the motor vehicle. That pedestrian’s loved ones and family members will also hurt and grieve. Witnesses to these types of horrific accidents are usually traumatized. And, finally, the driver of the car, sedan, delivery truck, bus, or train that hit the pedestrian will likely be emotionally or psychologically harmed.
Chicago pedestrian accidents are incredibly devastating for a great many people. However, under Illinois state law, not all of these people will be able to seek monetary recompense for what they have experienced. The State of Illinois has specific statutory guidelines on (1) who may seek civil damages after a catastrophic pedestrian accident as well as (2) what types of harm are covered and compensable.
Sadly, more and more of these injury claims are arising from Chicago streets today. Pedestrian accidents in Chicago are not only happening on a routine basis; people are dying every week in the Windy City this year. Read, Chicago Pedestrian Accidents: How Dangerous Are Chicago Streets? and Why is Chicago So Deadly for Pedestrians?
Death and Serious Bodily Injury After a Chicago Pedestrian Accident
Death is often the result of a pedestrian accident in Chicago. According to the AAA Foundation, the pedestrian death rate rises with the speed of the vehicle at impact, with older victims having a greater risk of dying as a result of the crash. From AAA:
The average risk of death for a pedestrian reaches 10% at an impact speed of 23 mph, 25% at 32 mph, 50% at 42 mph, 75% at 50 mph, and 90% at 58 mph. Risks vary significantly by age. For example, the average risk of severe injury or death for a 70‐year-old pedestrian struck by a car traveling at 25 mph is similar to the risk for a 30‐year‐old pedestrian struck at 35 mph.
Those who are able to survive the crash may still face life-altering, permanent harm in the form of:
- Amputations
- Disfigurement/scarring
- Internal organ damage including central nervous system damage
- Loss of use of a limb
- Pain and suffering (physical and psychological)
- Spinal cord injuries
- Traumatic brain injuries.
Family members may suffer injuries too, such as a child’s loss of society with a parent or a spouse’s loss of consortium, as well as funeral expenses. See, Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
Who Can Seek Civil Damages After a Chicago Pedestrian Accident
There may be a number of legal claims to be made after a tragic and devastating pedestrian accident in Chicago because of the variety of people who can suffer real harm as a result. They include the following:
1. The Pedestrian Hit by the Motor Vehicle
The person who was hit by the car, sedan, truck, van, delivery vehicle, bus, or train will have immediate bodily harm, which is recognized as compensable damages by Illinois personal injury law. For those pedestrians who survived the accident, they will be able to file claims against those who breached their legal duties of care and caused the crash. This may include the driver as well as the driver’s employer, the owner of the motor vehicle, and others.
Unfortunately, in many Chicago pedestrian accidents, the pedestrian victim’s damages claims must be pursued by someone acting on the pedestrian’s behalf. When the pedestrian perishes as a result of the injuries sustained in the accident, then Illinois law honors the claims filed by the representative of the estate of the pedestrian. If one exists, this will be the person designated as the estate representative in the pedestrian’s Last Will and Testament. Without a will, the estate representative is determined by reference to Illinois intestacy statutes.
2. Family Members of the Pedestrian Hit by the Motor Vehicle
Under Illinois law, certain family members may have legal claims for damages after a pedestrian accident. Not every family member has a legal right to file a claim here, and not all harm is covered by state law. Cousins may not have a legal right to sue for damages, for instance, but a minor child and a spouse may have viable claims. See, Illinois Pattern Jury Instructions 32.00. Moreover, these claims will be distinguished and covered by the Illinois Wrongful Death Act if the pedestrian dies as a result of the accident. See, 740 ILCS 180/1, 180/2; Illinois Pattern Jury Instructions 31.00.
3. Witnesses and Bystanders to the Chicago Pedestrian Accident
In some cases, witnesses to the pedestrian accident may have a claim for damages in the aftermath of the crash. Explains the Illinois Pattern Jury Instructions Section 30.01 pp. 1-2:
A bystander present in a zone of physical danger who, because of the defendant’s negligence, has a reasonable fear for his own safety is given a right of action for physical injury or illness resulting from emotional distress caused by that fear. Rickey v. Chicago Transit Auth., 98 Ill.2d 546, 457 N.E.2d 1, 75 Ill. Dec. 211 (1983). This decision abrogated the former “impact rule” which required a bystander to have suffered a contemporaneous physical injury or impact to permit recovery. A cause of action is also available for the intentional infliction of emotional distress. Knierim v. Izzo, 22 Ill.2d 73, 174 N.E.2d 157 (1961).
4. Motor Vehicle Drivers
In some situations, the investigation into the pedestrian accident may show a motor vehicle driver crashed and suffered harm while trying to avoid the pedestrian on the street immediately after the accident. Additionally, there may be some cases where the driver that hit the pedestrian may claim damages, such as property damage, alongside a contributory fault defense where the driver alleges the pedestrian accident was caused by the victim (e.g., distracted walking). For more, read Blaming the Pedestrian: The Driver’s Defense in Chicago Pedestrian Accidents.
What Monetary Damages Are Available for Victims of a Pedestrian Accident in Chicago?
After a pedestrian accident, Illinois law provides for three different types of damage claims to be sought by the accident victim: (1) economic; (2) non-economic; and (3) punitive.
The first category of damages covers items that can be measured or calculated, often with receipts, pay-stubs, or invoices. Economic damage for the pedestrian accident victim includes things like:
- Cost of emergency medical care at the scene
- Cost of emergency medical care at the hospital
- Surgical costs
- Intensive care costs
- Psychological treatment
- Physical therapy
- Rehabilitation
- Lost wages
- Lost future earning capacity.
Illinois law recognizes that the victim may experience real damages that are not easily correlated to documentation. Non-economic damages after a motor vehicle accident involving a pedestrian include:
- Past pain and suffering
- Future pain and suffering
- Loss of enjoyment of life
- Mental anguish.
Finally, if the circumstances provide facts to support it, a claim may be sought for punitive damages. These are not available in every pedestrian accident claim. Punitive damages will be allowed by the judge only if there is admissible evidence the driver acted in an outrageous or intentional manner as the vehicle collided with the victim.
Seeking Justice for Chicago Pedestrian Accident Victims
Each pedestrian accident in the Chicagoland area is unique and deserves independent, expert analysis of the circumstances surrounding what happened to cause the tragedy. A number of victims may have legal rights to seek justice in the aftermath of a catastrophic or deadly pedestrian crash. More than one person or company may be legally responsible under Illinois law to these victims for their injuries.
Today’s reality is that the danger of dying in a pedestrian accident in Chicago is shockingly high. Most, if not all, of these pedestrian fatalities are the result of preventable accidents. If legal duties of care are respected, then the crash may not have happened, and no one would have been hurt.
For more on pedestrian accidents, read:
- Chicago Pedestrian Accidents: Duties of Care in State Statutes and City Codes
- Hit-and-Run Pedestrian Accidents in Chicago
- Chicago Pedestrian Accidents with Commercial Vehicles
- Causes of Chicago Pedestrian Accidents.
Illinois provides avenues for justice to those who have suffered harm in a Chicago pedestrian crash. Damages are defined by law and are available to the pedestrian as well as other victims. Please be careful out there!
