If you suffer harm because of the negligent actions of a driver while traveling on or near a roadway, the law grants you the right to pursue compensation when you sustain losses.
The basis for this recovery is the laws of negligence, whereby a party that causes injury to another is responsible for the consequences of those injuries. The law allows a victim that sustains any injury from a pedestrian accident, regardless of severity, to pursue the party at fault for money to pay for various losses.
In most cases, the driver that strikes you or causes you injury while on the road will carry vehicle insurance. Illinois law requires that all registered vehicles carry minimum liability coverage for an accident causing injuries to another.
Most drivers carry this minimum coverage, and some may carry higher limits to protect their investments. When a driver has insurance at the time of a pedestrian accident, it is often in the victim’s best interest, along with the help of their attorney, to go forward with an insurance claim before involving the court.
If a party at fault for your injuries does not carry valid coverage at the time of the pedestrian accident, they can be held personally liable for your losses. This means they may be directly responsible for your damages, and you must pursue compensation from the individual rather than through an insurer.