If I Was Hit by a Car While Jaywalking in Illinois, Can I Still Pursue Compensation?

 Posted on August 20,2023 in Uncategorized

Accidents happen, and sometimes, pedestrians are involved in collisions while jaywalking. If you have been struck by a car while jaywalking in Illinois, you may wonder if you still have the right to pursue compensation for your injuries. Luckily, jaywalkers in Illinois can indeed pursue compensation. If you have found yourself injured, contact a personal injury attorney to ensure you can seek the compensation you may be entitled to.

Individuals Involved in an Accident Can Share Blame in Illinois

In Illinois, the concept of comparative negligence comes into play when determining liability in personal injury cases. Comparative negligence allows both parties involved in an accident to share responsibility. While jaywalking is considered a violation of traffic laws, it does not automatically excuse a driver who hits a pedestrian of all liability. Illinois follows a modified comparative fault rule, meaning you may still be able to get compensation even if you were partially at fault, as long as your share of fault does not exceed 50 percent. 

Proving Negligence and Seeking Compensation

To pursue compensation after being hit by a car while jaywalking, you will need to show that the driver was negligent in some way. This typically involves proving that the vehicle's driver had a duty of care to you and that the driver breached that duty. And as a result of the breach of duty, an accident occurred, and you were injured. 

As in many personal injury cases, gathering evidence, including witness statements, police reports, and surveillance footage, can help strengthen your case. Of course, it is strongly advised that you consult with a personal injury attorney instead of pursuing compensation alone. Even if you were injured, obtaining compensation is not guaranteed. Hiring a lawyer will give you the best chance of attaining a favorable case outcome. 

Does Partial Blame Mean My Compensation May Be Reduced?

Yes. According to Illinois comparative fault rule, your compensation may be reduced if you share blame in the accident. The compensation you receive will be reduced by your percentage of fault. For example, if you were deemed 20 percent at fault, your compensation may be reduced by 20 percent. Please be advised if you were more than 50 percent at fault for the accident, you will likely not be able to obtain compensation.

Contact a Lake Zurich Pedestrian Accident Lawyer

For legal assistance in your pedestrian accident, contact the distinguished Lake County pedestrian accident attorneys with Salvi Law, Inc.. Call 847-721-2499 for a free consultation.