Yes, you have the right to sue a driver who runs you over.
The foundation for this legal action is a concept called negligence. In simple terms, negligence means the driver failed to use reasonable care, and that failure caused your injuries. You were walking, jogging, or cycling, and in a moment, the careless actions of a driver changed everything. Now, you are left with injuries, uncertainty, and a growing pile of medical bills.
At Abels & Annes, P.C., we understand what you are going through. We are here to provide clarity and guidance. If you have a question about what happened to you and what your options are, call us for a free consultation at (312) 924-7575.
Key Takeaways for Pedestrian Accident Claims
- You have the right to sue a negligent driver who hits you. This process begins with an insurance claim and moves to a lawsuit only if a fair settlement is not offered.
- Proving your case requires establishing four elements of negligence. You must show the driver had a legal duty, breached that duty, caused your injuries, and that you suffered measurable damages as a result.
- Compensation covers both financial and non-financial losses. This includes calculable costs like medical bills and lost wages, as well as intangible costs like pain, suffering, and emotional distress.
What Does It Actually Mean to "Sue" Someone After Being Hit by a Car?
When you're injured, the idea of a lawsuit might feel intimidating. Many people picture dramatic courtroom scenes from television, but that is rarely the reality. Most people in your situation just want to know how to cover their bills, make up for lost income, and get their life back on track. The primary goal is to secure the financial stability you need to heal without the added stress of watching your savings dwindle. Speaking with an experienced pedestrian accident lawyer can help you understand your rights and the options available for pursuing compensation.
Contrary to popular belief, "suing" someone usually starts long before a courtroom is ever involved. The process almost always begins with a formal demand to the at-fault driver's insurance company. Here is what that typically looks like:
- The Insurance Claim is the First Step: The journey begins when we file a personal injury claim on your behalf. This is a formal, detailed request for compensation sent directly to the driver's insurance provider. It outlines the facts of the accident and the damages you have suffered.
- Investigation and Negotiation: This is where the bulk of the work happens. We gather all the necessary evidence (police reports, medical records, witness statements, and sometimes expert analysis) to build a strong, undeniable case proving the driver's fault and the full extent of your losses. Armed with this evidence, we enter into direct negotiations with the insurer.
- Filing a Lawsuit is a Strategic Tool: If the insurance company refuses to offer a fair and just settlement, then we file a lawsuit. This action formally brings your case into the court system and signals to the insurer that we are prepared to take the matter before a judge and jury. However, even after a lawsuit is filed, negotiations typically continue. The act of filing the lawsuit itself prompts the insurer to negotiate more seriously, leading to a fair settlement before a trial becomes necessary.
What Do You Have to Prove to Win Your Case?
To receive compensation for your injuries, it is not enough to simply state that a driver hit you. From a legal standpoint, you must prove that they were at fault.
In Illinois, this story is built upon four key elements of negligence. Imagine these as the four legs of a table—if even one is missing, the entire case becomes unstable. Our job is to firmly establish each one.
- Duty of Care: This is usually the most straightforward element to prove. Every single driver on the road has a legal obligation, or "duty," to operate their vehicle with reasonable care to avoid harming others. This includes being vigilant for pedestrians, cyclists, and other motorists sharing the road.
- Breach of Duty: This is where we demonstrate exactly what the driver did wrong. Did they speed through a school zone? Did they run a red light because they were looking at their phone? Perhaps they failed to yield the right-of-way at a crosswalk. We use concrete evidence like traffic camera footage, witness testimony, police reports, and even data from the vehicle's onboard computer to show they violated their duty of care.
- Causation: Here, we must draw a direct line connecting the driver's mistake to your injuries. Simply put, we have to show that because the driver was texting and failed to stop, you were struck and suffered a broken leg. The injury would not have occurred otherwise. This link must be clear and undeniable.
- Damages: This is the final, tangible piece of the puzzle. You must show that you suffered actual harm that is measured in financial terms. This is not just a list of injuries; it's a comprehensive accounting of every loss you have sustained. This includes all medical bills, lost wages from being unable to work, the projected costs of any future medical care, and the non-financial cost of your pain and suffering.
When we present the insurance company with a meticulously documented claim that proves each of these elements, it leaves them with very little room to dispute their policyholder's liability.
Our firm handles the entire process of gathering this proof for you. We will obtain the police report, interview witnesses, collect all your medical records, and consult with medical or accident reconstruction experts if needed to demonstrate precisely what happened and why you are owed full and fair compensation.
What Kind of Compensation Can You Receive?
When you have been hurt by a negligent driver, Illinois law allows you to seek compensation for a wide range of losses. Known legally as damages, this compensation is intended to make you "whole" again, at least from a financial perspective. It acknowledges that no amount of money undoes the trauma or erases the pain, but it provides the resources needed for recovery and restores financial stability.
Compensation is typically divided into two main categories, each addressing different types of losses:
Economic Damages (Tangible Losses)
These are the losses that come with a clear and definable dollar amount. They are the bills and financial shortfalls that you see and calculate.
- Medical Expenses: This covers every cost associated with your physical recovery. It includes the ambulance ride from the scene, the hospital stay, any surgeries, physical therapy, medication, and even the estimated cost of future medical care you may require.
- Lost Wages: This is the income you have lost because your injuries made it impossible for you to work.
- Loss of Future Earning Capacity: If your injuries are severe enough to prevent you from returning to your previous job or limit your ability to work in the future, you are compensated for that projected loss of income over your lifetime.
- Property Damage: This includes the cost to repair or replace any personal property that was damaged in the accident, such as a bicycle, laptop, phone, or even torn clothing.
Non-Economic Damages (Intangible Losses)
These losses are just as real as the economic ones, but they do not come with a simple price tag. They compensate for the human cost of the accident.
- Pain and Suffering: This is compensation for the physical pain, discomfort, and emotional distress you have been forced to endure as a result of your injuries.
- Emotional Distress: This covers conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) that stem from the traumatic experience of the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or daily routines that you once loved, you are compensated for this diminished quality of life.
A Note on Punitive Damages
In some rare cases where the driver's behavior was especially reckless or intentional, such as in certain drunk driving incidents, Illinois courts may award punitive damages. These are not designed to compensate you for your losses. Instead, their purpose is to punish the wrongdoer for their egregious conduct and to deter others from engaging in similar behavior in the future.
What if the Driver Fled the Scene?
Leaving the scene of an accident involving an injury is a serious crime. Under Illinois law (625 ILCS 5/11-401), any driver involved in such a crash must stop, render aid, and exchange information. Fleeing the scene is a felony. Unfortunately, despite these strict laws, hit-and-run accidents remain a persistent problem. This situation undeniably complicates your path to compensation, but it does not close the door on it.
You still have options, even if the driver is never identified.
- Your Own Auto Insurance Policy: If you own a vehicle and have auto insurance, your Uninsured Motorist (UM) coverage is designed for this exact scenario. This is a part of your policy that you pay for to protect yourself when you are injured by a driver who has no insurance or by a "phantom vehicle" in a hit-and-run. We help you file a UM claim with your own insurance company to cover your medical bills and other losses.
- Finding the Driver: We do not simply give up on identifying the at-fault party. Our firm launches an immediate and thorough investigation. This involves canvassing the area for surveillance cameras from nearby businesses or homes, interviewing potential witnesses who may have seen something, and working closely with law enforcement to follow up on any leads.
- Illinois Crime Victim Compensation Program: In some cases, victims of violent crimes, which includes hit-and-run incidents, may be eligible for financial assistance through a state-run fund. The Illinois Crime Victim Compensation Program helps cover certain out-of-pocket expenses, such as medical bills and lost wages, up to a certain limit.
Frequently Asked Questions About Pedestrian Accident Claims
What if I was partially at fault for the accident?
Illinois uses a "modified comparative negligence" rule (735 ILCS 5/2-1116). This means you still recover damages as long as you were not 51% or more at fault for the accident. Your final compensation award will simply be reduced by your percentage of fault.
How long do I have to file a lawsuit in Illinois?
In Illinois, the statute of limitations for most personal injury cases is two years from the date of the accident. This is a strict deadline. If you try to file a lawsuit after this two-year window has closed, the court will almost certainly dismiss your case. There are some exceptions, particularly if a government entity is involved, where the deadline may be even shorter. Contact an personal injury attorney soon after your accident.
What if the driver who hit me was working at the time?
If the driver was on the clock when the accident occurred—for example, a delivery driver, a trucker, or an employee running an errand for their boss—their employer may also be held legally responsible for your injuries. This legal principle is known as "respondeat superior," or vicarious liability. This is a significant factor in your case because commercial insurance policies carried by companies are much larger than the personal auto policies of individual drivers.
Do I have to pay taxes on my settlement money?
Generally, no. According to the IRS, compensation you receive for physical pedestrian injuries or physical sickness is not considered taxable income. Therefore, the portion of your settlement that covers medical bills and pain and suffering is typically not taxed. However, portions of a settlement designated for lost wages or punitive damages may be subject to income tax.
How much does it cost to hire a lawyer from Abels & Annes, P.C.?
We handle all personal injury cases on a contingency fee basis. This means you pay us nothing upfront. There are no hourly fees or retainers. We only receive a fee if we are successful in recovering compensation for you, either through a negotiated settlement or a court verdict. Our fee is a percentage of the total amount we recover for you. If we do not win your case, you owe us nothing.
Secure Your Recovery with Abels & Annes, P.C.
While you focus on the hard work of healing, our role is to handle the legal process and pursue the maximum compensation available under the law for you. We regularly help people across Chicago and Illinois who are facing the same challenges you are now.
Call us today for a free, no-obligation case review at (312) 924-7575.