Lawyers Pursuing Maximum Compensation for Victims of Pedestrian Crashes in Will County
If you live in Cook County, Will County, or DuPage County, Illinois, chances are that you find yourself occasionally walking to get to where you need to go. Walking can offer a great alternative to driving or taking public transportation. However, there are also significant risks associated with being a pedestrian, especially in Orland Park and the surrounding suburban communities.
Orland Park presents unique challenges for pedestrians. As a busy suburban hub with a mix of residential neighborhoods and commercial districts, the village experiences substantial vehicle traffic throughout its major thoroughfares. La Grange Road (US-45), 159th Street (IL-7), and Harlem Avenue (IL-43) serve as primary corridors with high traffic volumes and multiple lanes that pedestrians must navigate. These roadways, designed primarily for vehicle efficiency, often create inherent conflicts between pedestrians and motorists.
Areas with particularly high pedestrian activity in Orland Park include:
- Orland Square Mall complex
- Main Street Triangle development
- Metra stations
- Centennial Park
- Numerous school zones
While these locations typically have designated crosswalks and pedestrian signals, the combination of distracted drivers, complex intersections, and pedestrians rushing to their destinations creates dangerous conditions where serious accidents can occur.
When pedestrian accidents occur in Orland Park, they can result in catastrophic injuries due to the fundamental physics involved – the human body simply cannot withstand the impact forces generated by vehicles weighing thousands of pounds. In these situations, a victim will need to determine their options for pursuing compensation from a negligent driver who struck them.
At Fotopoulos Law Office, we proudly represent accident victims and their families in personal injury claims, helping them recover the compensation they need to start moving on with their lives after traumatic accidents. Attorney John S. Fotopoulos is a former Cook County Circuit Court judge who not only understands the law and how it applies to his clients’ cases, but he also recognizes the difficult situations his clients face after these types of accidents.
Common Causes of Pedestrian Accidents in Orland Park
Not surprisingly, pedestrian accidents are more common in busy urban and suburban environments like Orland Park. Drivers are also more likely to hit a pedestrian in the evening hours and during inclement weather when there is limited visibility. Other common causes of Orland Park pedestrian accidents include:
Distracted Driving
The epidemic of distracted driving has become one of the leading causes of pedestrian accidents in Orland Park. Drivers looking at smartphones, adjusting vehicle controls, or engaging with in-dash entertainment systems often fail to notice pedestrians until it’s too late. This is particularly dangerous at crosswalks near Orland Square Mall and other retail areas where pedestrian traffic is high.
Failure to Yield at Crosswalks
Many pedestrian accidents in Orland Park occur when drivers fail to yield the right-of-way to pedestrians in crosswalks. This is common at busy intersections along La Grange Road and 159th Street, where drivers making turns often focus on finding gaps in oncoming traffic rather than checking for pedestrians in crosswalks.
Speeding and Aggressive Driving
Speeding reduces a driver’s reaction time and increases stopping distance, making pedestrian accidents more likely and more severe. On major thoroughfares like La Grange Road, where posted speed limits may be 40-45 mph, even a small increase above the limit significantly increases the risk of fatal pedestrian injuries.
Impaired Driving
Driving under the influence of alcohol or drugs remains a significant factor in pedestrian accidents, particularly during evening hours and weekends. Impaired drivers experience diminished reaction times, impaired judgment, and reduced visual function – all critical factors that increase pedestrian accident risk.
Poor Visibility Conditions
Orland Park experiences all four seasons, including harsh winters with early sunsets and frequent precipitation. These conditions create visibility challenges for drivers, especially during rush hour when many pedestrians are active. Poorly lit areas near parking lots, residential streets, and certain commercial areas further compound these visibility issues.
Vehicle Blind Spots
Modern vehicles, especially larger SUVs and trucks that are popular in suburban communities like Orland Park, have significant blind spots. A-pillars (the supports on either side of the windshield) can obscure pedestrians, particularly at intersections when pedestrians are crossing from the side. Large trucks and commercial vehicles have even more substantial blind spots that can hide entire crosswalks from a driver’s view.
View Obstructions
Various elements in the Orland Park landscape can obstruct drivers’ views of pedestrians. These include:
- Parked cars near crosswalks, particularly in shopping areas and along commercial streets
- Overgrown vegetation at intersections or along walkways (which may be the responsibility of the Village of Orland Park to maintain)
- Excessive or poorly placed signage that creates visual clutter and distracts from pedestrian presence
- Temporary construction barriers or equipment that alter normal traffic patterns
Parking Lot Accidents
A significant number of pedestrian accidents in Orland Park occur in parking lots, particularly at busy shopping centers like Orland Square Mall and Orland Park Crossing. Common scenarios include:
- Drivers backing out of parking spaces without checking for pedestrians walking between cars
- Pedestrians crossing circulation aisles outside of designated walkways
- Drivers cutting through parking rows and failing to yield to pedestrians
- Low-speed impacts that still cause significant injuries, especially to elderly pedestrians or children
Traffic Violations
Many pedestrian accidents result from basic traffic violations such as running red lights, failing to stop at stop signs, improper turns, and other dangerous behaviors that put pedestrians at risk, especially at busy Orland Park intersections.
The Life-Altering Consequences: Injuries Sustained by Pedestrians
When a pedestrian is struck by a vehicle in Orland Park, the resulting injuries are often severe and life-changing. Unlike vehicle occupants, pedestrians have no protection against the tremendous forces involved in these collisions. The human body simply cannot withstand the impact of a vehicle, even at relatively low speeds. Common injuries include:
Traumatic Brain Injuries (TBI)
Brain injuries range from mild concussions with temporary symptoms to severe traumatic brain injuries with permanent cognitive impairment. Even what appears to be a “minor” head injury can result in post-concussion syndrome with symptoms lasting months or years. More severe TBIs can cause permanent changes to personality, memory, speech, and motor function. Many TBI victims require extensive rehabilitation and may never return to their pre-accident level of functioning.
Spinal Cord Injuries (SCI)
The violent impact of a pedestrian accident can fracture vertebrae and damage the spinal cord, potentially resulting in partial or complete paralysis. Paraplegia (affecting the lower limbs) or quadriplegia (affecting all four limbs) dramatically alters every aspect of a victim’s life. These catastrophic injuries typically require lifelong medical care, specialized equipment, home modifications, and personal assistance, creating enormous financial and emotional burdens.
Orthopedic Injuries
Pedestrians frequently suffer complex fractures to the pelvis, femur, tibia/fibula, and arms. These injuries often require multiple surgeries, hardware implantation (screws, plates, rods), and extensive physical therapy. Many victims develop post-traumatic arthritis, requiring joint replacements or other interventions years after the initial injury. In severe cases, crush injuries may necessitate amputation, permanently altering a victim’s mobility and independence.
Internal Injuries
The force of impact can cause serious damage to internal organs, including the liver, spleen, kidneys, and lungs. Internal bleeding may not be immediately apparent but can be life-threatening if not promptly treated. These injuries often require emergency surgery and may result in the removal of damaged organs, creating lifelong health complications.
Severe Soft Tissue Injuries
When pedestrians are struck and thrown or dragged by vehicles, they often suffer deep lacerations, degloving injuries (where skin is torn away from underlying tissue), and significant “road rash” abrasions. These painful injuries can lead to serious infections, permanent scarring, and disfigurement, often requiring skin grafts and reconstructive surgery.
Psychological Trauma
The psychological impact of pedestrian accidents extends far beyond physical injuries. Many victims develop post-traumatic stress disorder (PTSD), experiencing flashbacks, nightmares, and severe anxiety. Depression is common as victims struggle to adapt to physical limitations and altered life circumstances. Some develop specific phobias related to traffic, walking near roads, or even leaving their homes. These psychological injuries often require extensive therapy and sometimes medication.
Wrongful Death
Tragically, many pedestrian accidents in Orland Park and throughout Cook County result in fatalities, leaving families to cope with the sudden, devastating loss of a loved one. The emotional toll is immeasurable, and families also face financial hardships from funeral expenses, lost income, and lost companionship and support.
Determining Fault: Illinois’ Modified Comparative Negligence Standard
When a pedestrian is injured in an accident in Orland Park, determining who was at fault becomes a critical factor in the victim’s ability to recover compensation. Illinois uses a “modified comparative negligence” framework when determining how fault is addressed when accident victims seek to recover compensation for their injuries.
Under the modified comparative fault system, if a pedestrian is less than 50 percent at fault, they will be able to recover compensation for the injuries they suffered in an accident. However, an accident victim’s total recovery amount will be reduced by their own percentage of fault. If a pedestrian is found to be 51 percent or more at fault, they are barred from recovering any compensation.
To understand how this works in practice, consider these examples relevant to common Orland Park scenarios:
Example 1: Pedestrian Crossing Mid-Block on 159th Street
A pedestrian crosses 159th Street at night, wearing dark clothing and not using a marked crosswalk. A driver who is traveling slightly above the speed limit strikes the pedestrian. In this scenario, an investigation might determine the pedestrian is 40% at fault for crossing improperly, while the driver is 60% at fault for speeding and failing to maintain a proper lookout. If the pedestrian’s total damages are $100,000, they would recover $60,000 (the total damages minus their 40% fault).
Example 2: Pedestrian in Marked Crosswalk on La Grange Road
A pedestrian is crossing in a marked crosswalk with the “Walk” signal on La Grange Road when struck by a driver who was texting and failed to yield. The investigation determines the driver is 90% at fault, but the pedestrian is 10% at fault for briefly looking at their phone while crossing. If the pedestrian’s damages total $200,000, they would recover $180,000 (the total minus their 10% fault).
Example 3: Pedestrian Crossing Against “Don’t Walk” Signal
A pedestrian crosses against a “Don’t Walk” signal at a busy Orland Park intersection. A driver proceeding through a green light strikes the pedestrian despite attempting to brake. The investigation determines the pedestrian is 60% at fault for violating the signal, while the driver is 40% at fault for not maintaining adequate awareness. Because the pedestrian’s fault exceeds 50%, they would recover $0 under Illinois law, regardless of the severity of their injuries.
It’s important to understand that insurance companies actively look for ways to assign fault to pedestrians to reduce or eliminate their liability. They may argue that a pedestrian was jaywalking, wasn’t paying attention, or was otherwise negligent. This is why gathering evidence such as witness statements, surveillance video, and expert accident reconstruction is critical to accurately establish fault percentages and combat unfair blame-shifting tactics.
Seeking Full Compensation: Understanding Recoverable Damages
When a pedestrian is injured in an Orland Park accident, they may be entitled to various forms of compensation, known legally as “damages.” Understanding these different categories helps victims ensure they receive full and fair compensation for all their losses.
Medical Expenses (Past & Future)
Pedestrian accidents often result in extensive medical treatment, including:
- Emergency room visits and initial trauma care
- Hospital stays, sometimes extending to weeks or months
- Surgical procedures, often multiple operations
- Physician visits and specialist consultations
- Prescription medications for pain, infection, and other conditions
- Physical therapy, occupational therapy, and speech therapy
- Medical equipment such as wheelchairs, walkers, or hospital beds
- Home health care services
- Future medical needs based on expert medical opinions
For catastrophic injuries like TBIs or spinal cord injuries, future medical expenses can easily reach into millions of dollars over a lifetime. A comprehensive claim must include a detailed Life Care Plan developed by medical and economic experts to project these future costs accurately.
Lost Income/Wages (Past & Future)
Compensation for lost earnings should include:
- Wages lost during hospitalization and recovery
- Lost benefits, bonuses, and other employment compensation
- Diminished earning capacity if injuries prevent return to previous employment
- Vocational rehabilitation if career change is necessary
- Lost future earnings potential, which may require testimony from vocational experts and economists to calculate accurately
Property Damage
While often minor compared to physical injuries, pedestrians can recover for:
- Damaged clothing, shoes, and personal items
- Broken glasses, hearing aids, or other medical devices
- Damaged electronics like phones, watches, or tablets
Other Out-of-Pocket Expenses
Additional recoverable costs include:
- Transportation to medical appointments
- Home modifications for accessibility (ramps, widened doorways, accessible bathrooms)
- Costs for hiring help with household tasks the victim can no longer perform
- Other reasonable expenses necessitated by the injuries
Pain and Suffering
This compensates for the physical pain and discomfort experienced as a result of injuries, both immediately after the accident and on an ongoing basis. Chronic pain from orthopedic injuries, nerve damage, or other conditions can significantly diminish the quality of life and deserve substantial compensation.
Emotional Distress
Pedestrian accidents often cause significant psychological trauma, including:
- Anxiety and fear about walking near roadways
- Depression related to physical limitations and life changes
- Sleep disturbances and nightmares about the accident
- Other psychological conditions requiring therapy or medication
Loss of Normal Life
Illinois damage instructions specifically recognize compensation for the loss of normal life – the diminished ability to enjoy life’s activities. This may include:
- Inability to participate in hobbies and recreational activities
- Reduced capacity for exercise and physical activities
- Limitations on travel and social engagement
- Diminished ability to participate in family activities and responsibilities
- Other reductions in quality of life compared to pre-accident capabilities
Disfigurement/Scarring
Permanent visible changes to appearance, including:
- Facial scarring
- Amputation sites
- Surgical scars
- Burns and road rash scarring
- Other permanent alterations to appearance that cause embarrassment or distress
Wrongful Death Damages
When a pedestrian accident results in death, surviving family members may recover:
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and society
- Grief, sorrow, and mental suffering of surviving family
- Funeral and burial expenses
- Medical expenses incurred before death
- Pain and suffering the victim experienced before death (under the Illinois Survival Act)
Promoting Pedestrian Safety in Orland Park
While our primary focus is helping victims after accidents occur, we also believe in promoting safety to prevent these tragic incidents. The Village of Orland Park has implemented several pedestrian safety initiatives in recent years, including improved crosswalk markings at high-risk intersections, pedestrian countdown signals at major crossings, and educational campaigns in local schools.
Tips for Pedestrians
To reduce your risk while walking in Orland Park:
- Wear bright or reflective clothing when walking at night
- Make eye contact with drivers before crossing in front of vehicles
- Avoid distractions like phones or headphones that prevent you from hearing traffic
- Use crosswalks and pedestrian signals whenever available
- Be predictable in your movements and avoid sudden changes in direction
- Be especially cautious in parking lots where drivers may be focused on finding spaces rather than watching for pedestrians
Tips for Drivers
Motorists in Orland Park can help prevent pedestrian accidents by:
- Slowing down in areas with high pedestrian activity, especially near schools, parks, and shopping centers
- Always yielding to pedestrians in crosswalks
- Checking carefully for pedestrians before turning, particularly at busy intersections
- Eliminating all distractions, especially cell phones
- Never driving while impaired by alcohol or drugs
- Using extra caution at night and during bad weather when visibility is reduced
We encourage all Orland Park residents to report hazardous conditions that may contribute to pedestrian accidents, such as malfunctioning pedestrian signals, obstructed crosswalks, or inadequate lighting. These reports can be made to the Village of Orland Park Public Works Department.
Contact Our Dedicated Will County Pedestrian Accident Attorney Today
If you or someone you love was recently hit by a car as a pedestrian in Orland Park or the surrounding areas, reach out to Fotopoulos Law Office for immediate assistance. We understand the devastating impact these accidents can have on victims and their families, and we’re committed to helping you navigate the complex legal process while you focus on recovery.
Our experienced Orland Park pedestrian accident attorneys will:
- Conduct a thorough investigation of your accident
- Identify all potentially liable parties
- Document the full extent of your injuries and damages
- Handle all communications with insurance companies
- Build a compelling case for maximum compensation
- Negotiate aggressively on your behalf
- Take your case to trial if necessary to secure fair compensation
To arrange a complimentary consultation, get in touch with us at 708-942-8400. Because we provide services on a contingency basis, we will not charge you any legal fees unless we successfully collect compensation for you. We handle cases throughout Orland Park, Cook County, Will County, and DuPage County.