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Pedestrian Accidents

Pedestrians can never take for granted that crossing a road is completely safe. In order to prevent being hit by a vehicle, a pedestrian should always obey traffic signals, cross in designated crosswalks, wear bright clothing if walking or jogging at night, and check the road for oncoming traffic in both directions before and during crossing.

Even the most vigilant pedestrian is no match for a vehicle that is driving dangerously, or for dangerous road conditions such as potholes or construction sites. What are some of the main causes of pedestrian accidents?

Common Causes of Pedestrian Accidents

  • Failure to yield. In certain crosswalks and intersections, cars are instructed to yield to pedestrians. This is especially important for left turns, where cars may be navigating several lanes of traffic to complete the turn. A driver may not look for a pedestrian in the crosswalk, or simply ignore the sign and expect the pedestrian to get out of the way. Failure to yield can easily cause an accident.
  • Running red lights. A driver who blows a red light can easily misjudge if they can avoid a passenger in the road.
  • Speeding. A driver going over the limit has only one thing on their mind – getting to their destination as quickly as possible, whether they do so safely or not. A speeding driver will likely not be looking for pedestrians in the road, and be unable to stop in time before causing an accident.
  • Not driving appropriately for the weather. In order to drive safely, drivers have to adjust their speed and maneuvers for heavy rain, sleet, snow or ice. Driving the legal speed limit doesn’t mean they are driving safely. Cars can hydroplane or skid and hit a pedestrian.
  • Impaired driving. A driver who is under the influence of alcohol or drugs, or driving while drowsy or fatigued poses a significant risk to pedestrians. They will have reduced coordination and reaction time and will likely not be able to prevent an accident.
  • Distracted driving. One of the most common reactions to a pedestrian accident by a driver is that they didn’t see the pedestrian in the road, and therefore had no intent to cause an accident. When drivers are not paying attention to the road – due to talking on a cell phone, texting, eating or drinking, dealing with children in the back seat, or using a GPS or stereo system – they greatly increase the chances of hitting a pedestrian.

Pedestrians can also be considered partly at fault for an accident, under Illinois’ modified comparative fault statute. If a pedestrian was behaving recklessly – such as jaywalking, laying in the street, or running out suddenly into the road in the oncoming path of a vehicle, the court may consider them to assume a percentage of the fault. If the driver is found to be 60% at fault and the pedestrian 40%, the injured pedestrian’s damages would be reduced by 40%.

Why Contact a Lawyer After a Pedestrian Accident?

A personal injury lawyer is an expert in claiming damages. No one anticipates getting involved in an accident. After suffering an injury it can be difficult enough to focus on recovering and figuring out what one’s own insurance policy will cover – let alone researching what rights an accident victim has for compensation. A personal injury lawyer will know precisely what kinds of damages a pedestrian accident victim is entitled to under the law – including medical costs, lost income, property damages and pain and suffering.

A personal injury lawyer will negotiate with insurance companies on their client’s behalf. An insurance company may make a low initial settlement offer and not include categories of damages the claimant is entitled to in hopes the claimant will accept simply to get the process over with. A personal injury lawyer will be persistent until the fairest maximum settlement they are entitled to.

A personal injury lawyer works on a fee contingency basis. When pursuing a personal injury claim, the client does not have to pay anything upfront. The personal injury lawyer will not accept a case unless they are confident a settlement can be reached.

If you have been involved in a pedestrian accident where someone else was at fault, contact the team at Mueller, Lawson & Frobisch to handle your case. Contact us today for a consultation.

Real People, Real Stories

I was referred by a friend to Eric Frobish, when going through a divorce and I am glad I took this advice. From the day of the consultation to the day the divorce was finalized, I was patiently walked through the entire process and kept up to date throughout the entire process. Eric is very straight-forward, down to earth and knowledgeable in regards to divorce and child custody. Eric’s assistant, Sarah is also very kind and helpful. Divorce is a very stressful situation and Eric and Sarah made the process and transition so much easier. I would highly recommend Eric to anyone in need of a divorce or child custody attorney, as you will not be disappointed!

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After many interviews with attorneys, I was referred to Eric Frobish. To say that it was the right man for the situation would be an understatement. I had a very complicated mess that he was able to help me sort through and end up with the best outcome under the circumstances. As the case took many twists and turns, he and his staff were right there to guide me and advise me. I never had to wait very long for an answer and I could be assured Eric was always looking out for my best interests. I will never use another law firm. Honesty, integrity and sincere compassion in very trying circumstances. The absolute top of the line.

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I was recently divorced on 03~01~16. My case was taken care of in a real professional and private manner. I can remember when I talked to my counsel on the telephone for a consultation. He had patience with me, even though I had a real hard time telling my story without crying. My story was a little terrifying to tell to another person, but Mr. Frobish was a good listener. I had been looking for legal help for a while. There was a lot of suffering all the while. I still go to meetings for mental and physical abuse. I substained very bad physical abuse, close to death. My former husband was/is a career criminal and still on the run. Mueller, Lawson & Frobish, P.C. took care of my divorce and they were very kind and caring and also showed me respect. Everyone in the firm did a great job in keeping me informed on the progress they were making on my case. I would definitely recommend this law firm to anyone. I again just want to thank you so much for taking care of my divorce. Forever thankful – Vickie Sue Crumb

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Professional, courteous and knowledgeable – we will recommend them and use them again in our future.

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I am a devoted father who was seeking a shared custody 50/50 parenting time of my now 4 year old son. I asked around for a good attorney and I was referred to Eric Frobish. During my consultation with Mr. Frobish, I felt he was honest and straight forward with my case. Today I have shared custody of my son. I was very pleased with the outcome of my case and I have Mr. Frobish to thank! Mr. Frobish continues to represent me so I can maintain my 50/50 parenting time. I would highly recommend Mr. Frobish.

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A top-notch law firm that listens to their clients. A wide variety of services are offered, give them a call for great legal assistance.

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Very simply I would say my service was very thorough and very effective. It is clear that Mr. Frobish is very sharp and was able to counsel me in a clear manner which kept my expectations where they needed to be. I originally contacted Mr. Frobish because he was highly recommended. Now that he has completed the services that I needed, I would give the very same recommendation.

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Mueller, Lawson & Frobish, P.C. is an excellent Law Firm located in Morris Illinois. Specifically, Eric Frobish is an excellent attorney that we have worked with in a Guardianship case for the past three plus years. I found the above referenced law firm from the Internet. Upon the very first meeting, Eric was completely professional, honest and explained clearly what all was going to be involved in such an important case. This case was urgent, and had allot of unknowns and seemingly impossible odds against our ability to win. I am elated that after three years of sound advice and hard work on Eric Frobish’s part, we won the case. So many lives were impacted positively because of Eric’s knowledge of the law, his compassion for the children involved and experience. I honestly doubt that we could have won this case if it were any other lawyer in the area, other than Eric. He not only out maneuvered blatantly untrue attempts for us to lose, but brought in numerous witnesses to testify with facts to prove they were all untrue. Their was not one stone unturned. Eric guided us the entire duration and was absolutely impressive during the trial. We were so proud that Eric was representing us! There are no words that can express the gratitude we have towards Mr. Eric Frobish and his law firm. Everyone at the firm from the Lawyer, Assistants and the Secretary were nothing but courteous, polite and professional and I would highly recommend their services to anyone.

- DOYAL AND KELLY A.

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