When crosswalk accidents near Chicago schools occur, parents or legal guardians may be able to recover compensation on a child’s behalf from liable drivers and other negligent parties. With a better understanding of the laws and how crosswalk accident cases work, you can build a successful case.
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To file a claim or lawsuit against negligent parties in a Chicago crosswalk accident case, call Ankin Law at 312-600-0000 today.
What Laws Protect Kids Injured in Crosswalk Accidents Near Chicago Schools?
According to accident data from the Illinois Department of Transportation, 219 pedestrian fatalities occurred in Illinois in a recent year, a nearly 10% increase from the previous year.
Children are more at risk of pedestrian accidents, with specific regulations in place regarding school zones.
Here are the main laws that protect pedestrians at crossings:
- A 20-mile-per-hour speed limit in school zones on school days when children are present.
- Drivers must obey crossing guards when they give a lawful order to stop while directing traffic.
- The requirement for drivers to stop and yield to pedestrians at other crosswalks on school days when children are present.
- The need for drivers to stop for school buses with activated stop signs, red lights, and stop arms.
- The limiting of mobile device usage to hands-free devices or the complete removal of usage in school zones.
These and other pedestrian-related traffic laws and rules help protect children from accidents. However, drivers and others still disobey these laws and cause an increasing rate of injuries and fatalities in Chicago and across the state.
Who Can You Hold Liable for Crosswalk Accident Injuries?
In the event of pedestrian accidents at crosswalks, victims and their families may file a personal injury lawsuit and hold the liable parties accountable for their actions. There are multiple parties you may recover compensation from in these cases, such as:
Drivers
In many instances, drivers are the primary liable party in pedestrian accidents at crosswalks. For example, drivers may be inattentive or drive recklessly through crosswalks when children are passing, or they may cause a bus accident when failing to yield to school buses as needed. Drivers could also fail to yield to pedestrians when making a turn, which Illinois law requires drivers to do.
Employers and Fleet Owners
Truck drivers and other drivers of commercial vehicles may share liability with the companies that hired them, depending on the circumstances. An example here could include a company that failed to ensure a driver was qualified to operate a delivery truck before hiring. Companies could also be liable if they fail to maintain their fleets.
Product Manufacturers
Sometimes, mechanical failure is the cause of an accident, in which case vehicle or parts manufacturers might be liable. For example, faulty brakes could prevent a vehicle from stopping in time at a crosswalk and cause an accident.
Municipalities and Governmental Bodies
Defective roads could contribute to crosswalk accidents in some instances, with potholes, cracks, or other defects requiring the attention of local municipalities or state or federal governments responsible for maintaining roadways.
Damages You Can Recover in a Crosswalk Accident Injury Claim
Following a crosswalk accident, you may recover multiple types of damages from liable drivers or other parties. These damages include:
Compensatory Damages
First, you may be able to recover economic and non-economic damages.
The primary type of loss that accident victims and their loved ones recover in these cases is economic or financial. These damages pertain to the financial cost of an accident, such as the cost of urgent and ongoing medical care, lost income and earning capacity, replacements or repairs for damaged belongings, and other expenses.
In addition to economic damages, you may be able to seek non-economic damages, which account for the victim’s personal experience, including pain and suffering, loss of enjoyment of life, mental anguish like anxiety and depression, and disfigurement.
Punitive Damages
Some cases could also warrant punitive damages that penalize defendants for their negligence or maliciousness when this behavior is severe enough.
Get in Touch With an Experienced Pedestrian Accident Attorney
If you are considering filing a claim or lawsuit to recover compensation for crosswalk accident injuries, consider speaking with a reputable Chicago pedestrian accident lawyer. A lawyer can sit with you in a free initial consultation to discuss your options and determine whether you have a viable case. They could then represent you throughout the claims or legal process to recover total compensation.
To find out how Ankin Law can help you, contact us today and schedule your free consultation.
FAQs About Pedestrian Crosswalk Accidents
What Are Common Causes of Crosswalk Accidents Near Chicago Schools?
There are many causes of crosswalk accidents near schools throughout the Chicagoland area, including distracted driving, speeding, failure to yield, poor visibility, impaired driving, and aggressive or reckless driving.
What Is the Crosswalk Law in Illinois?
Like other states, Illinois has a law in place to protect pedestrians when walking through crosswalks near schools and other locations. This law dictates that drivers must stop and yield to pedestrians at all marked and unmarked crosswalks at intersections or if they see pedestrians in the roadway and danger is present.
How Do You Prove Liability in a Crosswalk Accident?
To prove that a negligent party caused an injurious accident at a crosswalk near a school or another location in Chicago, you will need to prove the four main elements of negligence: that the liable party owed a duty of care to keep pedestrians and others safe on the road, that the party breached that duty of care, that this breach led to an accident, and that the accident resulted in injuries with quantifiable damages.
