Pedestrian accidents are among the most tragic accidents on Illinois roadways, almost always resulting in serious and fatal injuries. Most of pedestrian accidents in Geneva, IL are preventable and can be traced back to negligence on the part of a driver (distracted driving, speeding, failure to yield, etc.).
If you lost a loved one in an Illinois pedestrian, you may have the right to seek justice through a wrongful death claim in Geneva.
Wrongful Death in Pedestrian Accident Cases
Under Illinois law, a wrongful death occurs when a person dies as the result of another party’s negligence or wrongful conduct.
Pedestrians have the right to use sidewalks, crosswalks, and roadways safely. Drivers have a legal duty to operate their vehicles safely and avoid striking pedestrians who are lawfully walking along the street. When they breach this duty and cause a fatal accident, surviving family members may pursue legal action.
A wrongful death lawsuit is filed by the personal representative of the deceased’s estate on behalf of surviving family members. The purpose of the claim is to recover compensation for the financial and emotional losses caused by the untimely death.
Types of Pedestrian Accidents Most Likely To Cause Fatal Injuries
While any pedestrian crash can be serious, certain types of accidents are more likely to result in fatal outcomes.
Crosswalk Accidents
Many fatal pedestrian crashes occur in marked crosswalks. Drivers may fail to yield while turning or attempt to beat a traffic light, and cause a collision. The force of impact can cause devastating injuries.
Intersection Collisions
Busy intersections are common sites for pedestrian fatalities. Drivers focused on other vehicles may not see someone crossing the street. Alternatively, a driver may turn left without seeing a pedestrian and collide with them.
High-Speed Roadway Accidents
Pedestrian accidents on highways and high-speed roads are frequently fatal. The faster a vehicle is traveling, the greater the force of impact for the pedestrian. Victims often suffer traumatic brain injuries, broken bones, and/or spinal cord injuries.
Backing-Up Accidents
In parking lots and residential areas, drivers reversing their vehicles may fail to check behind them and strike an unwary pedestrian. Children and elderly pedestrians are especially vulnerable in these situations.
Damages You Can Recover After a Wrongful Death
A wrongful death claim in Geneva, IL seeks to compensate surviving family members for the losses they have experienced, personally and financially. These claims can provide a sense of justice and financial security.
Compensation in a pedestrian wrongful death case may include:
- Funeral and burial expenses
- Medical bills related to the final injury
- Loss of the deceased’s income and financial support
- Loss of companionship and guidance
- Grief, sorrow, and mental suffering
Illinois law also allows for a survival action after a wrongful death. This empowers the estate to pursue damages the deceased could have claimed had they survived, including conscious pain and suffering experienced before death.
If you have lost a loved one in an Illinois pedestrian accident, you may be eligible to file a wrongful death claim in Geneva, IL. An experienced attorney can help you understand your rights and navigate the claim process. Contact Feagans Law Group today to schedule a free consultation and discuss how we can help your family.