Pedestrians who cross the busy Illinois roads in crosswalks naturally expect to be safe. Unfortunately, not all pedestrians use the crosswalks, and not all vehicle operators keep a proper lookout for pedestrians. A car accident involving a pedestrian occurred at an intersection in Warrenville on a recent Monday evening.
According to a preliminary accident investigation, the pedestrian was still in the process of crossing the street when the traffic light cycled to red for her. The driver of an approaching vehicle traveled through the intersection as the light turned green and hit the pedestrian. It is not clear whether the pedestrian was in the crosswalk, and if she wasn't, she may carry part of the blame for her injuries. Even if she was jaywalking, the driver might have been able to avoid hitting her. If so, under the personal injury doctrine of last clear chance, the driver may bear financial responsibility for the accident.
The critically injured pedestrian was rushed to a local hospital. Authorities reported that no charges were filed at the time of the accident. Crash investigators will determine the exact circumstances of the crash.
Under circumstances such as in this car accident, a civil court could determine that both the vehicle operator and the pedestrian shared responsibility for the victim's injuries. An injured person retains the right to file a personal injury claim in an Illinois civil court; however, the court may apportion the fault according to each party's level of negligence. Cases like this can be complicated, and victims may choose to seek experienced legal counsel to pursue financial relief for them.
Source: dailyherald.com, "Pedestrian in Warrenville crash in critical condition", Feb. 16, 2016