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. The legal landscape in Illinois allows for a broad interpretation of what constitutes a “loss,” spanning from immediate out-of-pocket costs to long-term quality-of-life adjustments.
Medical Expenses (Past & Future)
Pedestrian accidents often result in extensive medical treatment because the human body has no protection against the force of a multi-ton vehicle. The costs associated with these injuries are rarely limited to the initial ER visit. A thorough legal claim accounts for the entire trajectory of care, which frequently includes:
- Emergency Room Visits and Initial Trauma Care: This includes the cost of ambulance transportation, diagnostic imaging (CT scans, MRIs, X-rays), and the immediate stabilization required for life-threatening injuries.
- Hospital Stays: In many cases, injuries require extended stays in the hospital, sometimes extending to weeks or months. This includes the cost of the room, nursing care, and round-the-clock monitoring.
- Surgical Procedures: Severe accidents often necessitate multiple operations, ranging from orthopedic surgery for broken bones to neurosurgery for brain injuries or internal organ repair.
- Physician Visits and Consultations: Ongoing care involves regular check-ups with primary care doctors and various medical practitioners who focus on specific areas of medicine, such as orthopedists, neurologists, or physiatrists.
- Prescription Medications: Costs for pain management, antibiotics to prevent infection, and long-term medications for secondary conditions arising from the accident.
- Rehabilitative Therapies: Physical therapy is often necessary to regain mobility, while occupational therapy helps victims relearn daily tasks. Speech therapy may be required for those suffering from traumatic brain injuries (TBIs).
- Medical Equipment: The need for wheelchairs, walkers, hospital beds, or home modifications (like ramps or stairlifts) to accommodate a temporary or permanent disability.
- Home Health Care Services: For those who cannot live independently during recovery, the cost of professional caregivers or in-home nursing must be considered.
- Future Medical Needs: This is perhaps the most critical and often overlooked component. A claim must address the medical care the victim will require for the rest of their life.
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 professionals to project these future costs accurately. This plan serves as a roadmap for the victim’s needs, ensuring that the financial burden of the accident does not fall on the family years down the road.
Lost Income and Wages (Past & Future)
A pedestrian accident does more than just create bills; it often halts the victim’s ability to pay them. Compensation for lost earnings is designed to put the victim back in the financial position they would have occupied had the accident never occurred. This includes:
- Wages Lost During Recovery: This covers the base salary or hourly pay missed from the date of the accident through the end of the recovery period.
- Lost Benefits and Bonuses: Compensation should include the value of lost health insurance contributions, 401(k) matching, vacation time used, and performance-based bonuses that the victim was on track to earn.
- Diminished Earning Capacity: If a victim’s injuries prevent them from returning to their previous job, they may be forced into a lower-paying role. The difference between what they could have earned and what they will now earn is a recoverable loss.
- Vocational Rehabilitation: If a career change is necessary due to physical or cognitive limitations, the cost of retraining or schooling can be included in the damages.
- Lost Future Earnings Potential: For younger victims or those in high-earning professions, the loss of a lifetime of career advancement and raises represents a staggering financial hit. This calculation often requires testimony from vocational professionals and economists to account for inflation, career trajectories, and life expectancy.
Property Damage and Recovery After a Pedestrian Accident in Orland Park
Pedestrian accidents in Orland Park often lead to life-altering consequences. While much of the public discourse surrounding these incidents focuses on catastrophic physical injuries, the financial and emotional toll extends far beyond medical bills. Victims navigating the aftermath of a collision near busy intersections like 159th Street and La Grange Road or within residential neighborhoods must understand the full spectrum of compensable damages available under Illinois law.
Securing a fair recovery requires a detailed accounting of every loss, from the smallest personal item to the profound impact on one’s daily quality of life. The following sections outline the various categories of damages that a legal team dedicated to personal injury advocacy will pursue on behalf of those harmed.
Property Damage and Personal Effects
When a motor vehicle strikes a person, the impact is rarely limited to the body. Personal property is frequently destroyed or rendered unusable. While these claims are often smaller than the medical portion of a case, they represent immediate out-of-pocket losses that can cause significant stress.
Damaged Clothing and Personal Items
The force of a collision or the subsequent contact with the pavement often ruins clothing, shoes, and outerwear. High-quality items, such as heavy winter coats or professional attire, can be expensive to replace. In a legal claim, the goal is to return the victim to the financial position they were in prior to the accident. This involves documenting the value of the items destroyed.
Medical and Assistive Devices
Pedestrians who rely on medical technology face unique risks. Hearing aids, which can cost thousands of dollars, are delicate and easily crushed. Similarly, prescription eyewear or specialized orthopedic braces may be destroyed. Because these items are essential for the victim’s daily functioning and communication, their replacement is a priority in any comprehensive demand for compensation.
Electronics and Modern Essentials
In the modern era, almost every pedestrian carries a smartphone. Many also wear smartwatches or carry tablets and laptops in backpacks. These devices are high-value targets for property damage claims. Beyond the hardware cost, the loss of data or the immediate need to replace a communication device adds a layer of urgency to these claims. A legal team focused on thorough documentation will ensure that the current market value or replacement cost of these electronics is included in the settlement negotiations.
Quantifying Out-of-Pocket Expenses
The “ripple effect” of an injury often results in a steady stream of small and large expenses that would not have existed but for the negligence of the driver. These are categorized as economic damages and are typically proven through receipts, invoices, and financial records.
Transportation and Logistics
Following a serious injury, a victim may be unable to drive. This necessitates the use of ride-sharing services, taxis, or specialized medical transport to reach physical therapy, follow-up surgeries, and consultations with specialists. Over several months, these costs can accumulate into the thousands. Every mile driven and every fare paid is a compensable expense that should be tracked meticulously.
Home Modifications for Accessibility
Serious pedestrian accidents often result in long-term or permanent mobility challenges. Orland Park residents living in multi-story homes or houses with narrow entryways may find their living environment becomes a barrier to recovery. Compensable home modifications include:
- The installation of wheelchair ramps at primary entrances.
- Widening of interior doorways to accommodate walkers or wheelchairs.
- Installation of grab bars, walk-in tubs, or roll-in showers in bathrooms.
- Stairlifts or even residential elevators in cases of permanent paralysis or severe limb loss.
These modifications are not “luxuries”; they are medical necessities designed to restore a level of independence to the victim.
Household Services and Daily Assistance
If an injury prevents a victim from performing routine tasks—such as grocery shopping, cleaning, landscaping, or childcare—the cost of hiring help is recoverable. Illinois law recognizes that the loss of “household services” is a tangible financial blow. Whether it is a professional cleaning service or a neighbor paid to mow the lawn, these costs are direct consequences of the accident.
The Depth of Pain and Suffering
Non-economic damages, commonly referred to as pain and suffering, address the human cost of an accident. Unlike a medical bill, there is no fixed price tag on physical agony or the loss of one’s ability to enjoy life.
Physical Pain and Discomfort
This category compensates for the actual sensation of pain. It accounts for the immediate trauma of the impact, the grueling nature of surgical recovery, and the day-to-day discomfort of physical therapy. Attorneys who handle these cases frequently use medical testimony to explain the physiological basis of the victim’s pain to a jury or insurance adjuster.
The Challenge of Chronic Conditions
For many Orland Park pedestrians, the pain does not end when the casts are removed. Chronic conditions such as nerve damage, complex regional pain syndrome (CRPS), or debilitating back pain can last a lifetime. Orthopedic injuries, particularly those involving the weight-bearing joints like hips and knees, often lead to early-onset arthritis. The law allows for compensation not just for past pain, but for the pain the victim is reasonably certain to experience in the future.
Diminished Quality of Life
When a person can no longer participate in hobbies, sports, or family activities they once loved, they have suffered a profound loss. This is often described as “loss of enjoyment of life.” For an active resident who can no longer walk through the Orland Grassland trails or play with their children in the park, the emotional toll is significant. Legal counsel will work to illustrate these losses through “before and after” witnesses—friends and family who can testify to the change in the victim’s personality and activity levels.
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.