Fatal Pedestrian Accidents: Understanding Liability and Pursuing Justice in Illinois

Losing a loved one in a fatal pedestrian accident is a devastating and life-altering event. Families are left not only to cope with profound grief but also to navigate the complex and often overwhelming process of seeking justice for their loss. At John J. Malm & Associates, we understand the deep emotional and financial challenges that come with such a tragedy. Our mission is to provide compassionate support and tireless advocacy for families seeking answers and accountability.

“Representing families after a fatal pedestrian accident is about more than legal action—it’s about honoring their loved one’s memory and ensuring their loss is not in vain. We stand beside these families to fight for justice and the closure they deserve.” — John J. Malm, Illinois fatality attorney

Let’s explore what it means to represent families in these tragic cases and how our Illinois wrongful death law firm works to hold negligent parties accountable.

Understanding Fatal Pedestrian Accidents

Pedestrian accidents are among the most tragic types of motor vehicle collisions. Unlike drivers or passengers in vehicles, pedestrians have no protection from the impact of a collision, making these accidents more likely to result in severe injuries or fatalities.

Key Statistics:

  • According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 pedestrians are killed in traffic accidents annually in the U.S.
  • Pedestrians are 1.5 times more likely than vehicle occupants to be killed in a car accident.
  • A significant percentage of fatal pedestrian accidents occur in urban areas, at night, and at non-intersection locations.

These numbers underscore the need for driver vigilance and accountability to prevent avoidable tragedies.

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Causes of Fatal Pedestrian Accidents

Understanding the cause of a pedestrian accident is a critical part of seeking justice for the victim and their family. Common causes include:

  • Driver Negligence: Speeding, distracted driving, or failure to yield to pedestrians.
  • Drunk or Impaired Driving: Operating a vehicle under the influence of alcohol or drugs.
  • Poor Visibility: Driving at night or in poor weather conditions without taking appropriate precautions.
  • Traffic Violations: Running red lights, stop signs, or ignoring crosswalk rules.

When these acts of negligence lead to the loss of life, families deserve accountability.

The Role of an Illinois Wrongful Death Attorney

Representing families in wrongful death lawsuits involves navigating the complexities of the legal system while providing compassionate support during an incredibly difficult time.

How We Help Families:

  1. Investigating the Accident: Our firm conducts a thorough investigation to determine how the accident occurred and who is responsible. This includes:
    • Reviewing police reports and traffic camera footage.
    • Interviewing witnesses.
    • Consulting accident reconstruction experts if necessary.
  2. Identifying Liable Parties: In addition to the at-fault driver, other parties may share liability, such as municipalities responsible for poorly maintained crosswalks or companies that own commercial vehicles involved in the accident.
  3. Pursuing Compensation: While no amount of money can replace a loved one, we work to secure compensation for:
    • Funeral and burial expenses.
    • Medical bills related to the accident.
    • Loss of financial support and future earnings.
    • Loss of companionship and emotional suffering.
  4. Providing Compassionate Guidance: Families often feel overwhelmed by the legal process while coping with their grief. Our firm is committed to handling the complexities of the case so families can focus on healing.

Why Justice Matters in Fatal Pedestrian Accidents

Seeking justice is about more than financial compensation—it’s about holding negligent parties accountable to prevent future tragedies. Legal action can lead to:

  • Policy Changes: Highlighting dangerous intersections or traffic patterns can lead to safety improvements in the community.
  • Driver Accountability: Ensuring that negligent drivers face consequences can deter reckless behavior.
  • Closure for Families: Knowing that their loved one’s death was not ignored can bring a measure of peace to grieving families.

“Families turn to us during the most difficult moments of their lives. We take that responsibility seriously, ensuring that their voices are heard and their loved one’s memory is honored through our pursuit of justice.” — John J. Malm, Naperville wrongful death attorney

The Legal Process in Wrongful Death Claims

In Illinois, families have the right to file a wrongful death claim if their loved one’s death was caused by negligence.

Who Can File a Wrongful Death Claim?

Under Illinois law, the following individuals may file a wrongful death claim:

  • The spouse of the deceased.
  • The children of the deceased.
  • If no spouse or children exist, other family members or a personal representative of the estate may pursue the claim.

Statute of Limitations

In Illinois, the statute of limitations for wrongful death claims is typically two years from the date of the accident. Acting quickly ensures that evidence is preserved and the legal process can proceed without delay.

Why Choose John J. Malm & Associates for your Wrongful Death Lawsuit?

With over 90 years of collective litigation experience, our team of top-rated Illinois fatality lawyers has a proven track record of handling wrongful death cases with care and dedication. We understand the emotional toll these cases take on families and are committed to providing the support and advocacy they deserve.

What Sets Us Apart:

  • Personalized Attention: Every case is unique, and we take the time to understand each family’s specific needs.
  • Experienced Advocacy: We have the skills and resources to take on even the most complex cases.
  • Compassionate Guidance: We treat every family with the respect and empathy they deserve during this challenging time.

Closing Thoughts

The loss of a loved one in a fatal pedestrian accident is a heartbreaking and life-changing event. At John J. Malm & Associates, we are dedicated to helping families navigate this difficult journey, pursue justice, and honor their loved one’s memory.

If you’ve lost a loved one in a pedestrian accident, contact us today for a free consultation. With offices in Naperville and St. Charles, we are here to provide the compassionate support and skilled advocacy you need during this difficult time.

 

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