Compensation Options for Pedestrians Injured by Hit-and-Run Drivers

 Posted on August 21, 2019 in Motor Vehicle Accidents

Hit-and-run incidents involving vehicles and pedestrians are unfortunately common occurrences. A driver who strikes a pedestrian may be more prone to panic and flee the scene because they know that the pedestrian has likely suffered a severe or fatal injury. A pedestrian who has survived a hit-and-run incident often needs emergency medical treatments and lengthy rehabilitation. It is common for these incidents to cause permanent disabilities and emotional trauma. As an injury victim, you need compensation from the driver or your insurance provider.

Compensation from the Driver

The driver responsible for the hit-and-run could turn themselves in after they have calmed down and listened to their conscience. If the driver does not come forward, the police will try to identify the driver and bring them to justice. Your attorney can track the status of the case so that you are prepared to take civil action against the driver if they are found. To prove your injury claim, you can use evidence from the police report and witnesses, such as showing that:

• The defendant was the driver of the vehicle that struck you;
• The driver was at fault for the accident; and
• The accident caused your injuries.

It is important to remember that decisions in criminal and civil cases are independent of each other. Illinois uses comparative fault when deciding whether to award damages in a personal injury lawsuit. Motorist usually must yield to pedestrians when there is a question about the right-of-way, but a pedestrian may share fault for the accident if they were behaving recklessly. The driver could be guilty of a hit-and-run charge but not liable for your injuries if you were more than half at fault for the accident.

Insurance Compensation

Normally, the vehicle insurance company of the liable driver is responsible for paying for medical expenses when a pedestrian is injured. If the hit-and-run driver is never identified or does not have insurance, you will need to file a claim with your own insurance. Insurance policies in Illinois are required to include coverage for uninsured or underinsured motorist claims. The minimum coverage is $25,000 for bodily injuries to a single person and $50,000 for injuries to all parties.

Contact a Barrington Personal Injury Lawyer

It can be difficult to receive injury compensation after a hit-and-run incident, whether it is identifying the driver or filing a claim with your insurance company. Pedestrians involved in hit-and-run incidents often need assistance with their medical expenses. A Barrington, Illinois, personal injury attorney at Joseph M. Lucas & Associates, LLC, will be your advocate in making sure that you receive the compensation you need. Schedule a consultation by calling 847-381-8700.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021500050K143a-2