Tragedy struck in unincorporated Des Plaines, Illinois, Tuesday night when an 83-year-old man was fatally struck by a car while crossing Potter Road near Golf Road. The Cook County Sheriff’s office is currently investigating the incident, which occurred shortly before 8 p.m. According to reports, the man was crossing the street when he was hit by a vehicle traveling north on Potter Road. He was immediately transported to Advocate Lutheran General Hospital in nearby Park Ridge, where he was pronounced dead shortly before 8:30 p.m.
The sheriff’s office has stated that there is no initial indication of foul play, but the investigation is ongoing. This incident serves as a stark reminder of the dangers pedestrians face, and the complex legal landscape surrounding pedestrian accidents.
Understanding Pedestrian Rights and Responsibilities
In Illinois, pedestrians have rights and responsibilities under the law. While drivers have a duty to exercise reasonable care to avoid hitting pedestrians, pedestrians also have a responsibility to exercise caution and follow traffic laws. This includes using crosswalks where available, obeying traffic signals, and generally being aware of their surroundings.
However, even when a pedestrian is not entirely compliant with traffic laws, drivers still have a responsibility to avoid a collision if possible. This principle is often referred to as the “last clear chance” doctrine, which posits that if a driver had the last clear opportunity to avoid an accident, they may be held liable, regardless of the pedestrian’s initial negligence.
Potential Liability in Pedestrian Accidents
Determining liability in pedestrian accidents can be a complex process. Several factors are typically considered, including:
- Driver Negligence: Was the driver speeding, distracted, or otherwise violating traffic laws at the time of the accident?
- Pedestrian Negligence: Was the pedestrian jaywalking, crossing against a traffic signal, or otherwise acting carelessly?
- Visibility: Were weather conditions, lighting, or other factors that may have impaired visibility for either the driver or the pedestrian?
- Road Conditions: Were there any defects in the road or sidewalk that may have contributed to the accident?
In this particular case, the Cook County Sheriff’s office is investigating to determine the precise circumstances surrounding the accident. Their investigation will likely include interviewing witnesses, examining the scene of the accident, and reviewing any available video footage.
The Role of Insurance
In the event of a pedestrian accident, insurance companies play a significant role in determining liability and providing compensation to the injured party or, in tragic cases like this, to the victim’s family. The driver’s insurance policy may provide coverage for the pedestrian’s medical expenses, lost wages, and other damages. Additionally, the pedestrian may have recourse to their own insurance policies, such as uninsured/underinsured motorist coverage, depending on the circumstances.
Navigating the insurance claims process can be challenging, especially in the aftermath of a serious accident. Insurance companies may attempt to minimize payouts or deny claims altogether. It is important for victims and their families to understand their rights and seek legal guidance to ensure they receive fair compensation.
The Importance of Safety
This unfortunate incident underscores the importance of pedestrian safety. Drivers and pedestrians alike must be vigilant and take precautions to prevent accidents.
Drivers can take the following steps to improve pedestrian safety:
- Obey speed limits, especially in areas with high pedestrian traffic.
- Be aware of pedestrians, especially at crosswalks and intersections.
- Avoid distractions, such as cell phones, while driving.
- Yield to pedestrians who are crossing the street.
- Be extra cautious in low-light conditions or inclement weather.
Pedestrians can take the following steps to protect themselves:
- Use crosswalks whenever possible.
- Obey traffic signals.
- Look both ways before crossing the street.
- Wear bright clothing, especially at night.
- Avoid distractions, such as cell phones, while walking.
- Be aware of your surroundings.
Commentary from Gosuits Des Plaines, Illinois Personal Injury Attorney
The death of an 83-year-old man in Des Plaines serves as a somber reminder of the potential dangers pedestrians face daily. While the investigation is ongoing, this incident highlights several critical aspects of personal injury law. Establishing negligence will be paramount. Determining whether the driver acted with reasonable care, and if not, whether that failure directly led to the pedestrian’s fatal injuries, is crucial. Factors such as speed, visibility, and potential distractions will likely be scrutinized.
Furthermore, understanding the concept of comparative negligence in Illinois is essential. Even if the pedestrian was partially at fault, they may still be able to recover damages if their percentage of fault is less than 50%. The amount of recovery would be reduced by their percentage of fault.
Lastly, securing a fair settlement requires thorough assessment of all damages, including medical expenses, lost wages (if applicable), and pain and suffering. In the tragic event of a fatality, the victim’s family may be entitled to bring a wrongful death claim to recover damages for loss of companionship, funeral expenses, and other related costs. This is a sensitive time for all those involved, and a seasoned personal injury attorney can provide invaluable assistance in navigating the legal complexities and ensuring the rights of the injured or deceased are protected.
