What are the legal ramifications of hitting a pedestrian in a crosswalk?
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What are the legal ramifications of hitting a pedestrian in a crosswalk?
I was hit in a crosswalk while riding my bike to work a few weeks ago resulting in the destruction of my bike. I landed unscathed. Since that time, I have not been back to work, and the insurance company handling the situation is, for the most part, avoiding me. I am unsure of what my rights are in this situation.
Asked on June 18, 2012 under Accident Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can file a property damage claim with the at-fault party's auto insurance carrier for the value of your bike. You can also include a claim for documentation of wage loss. Compensation for these claims would be straight reimbursement. There may be an issue regarding the wage loss claim about alternative transportation to your job. If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, you can reject the settlement offers and file a lawsuit for negligence against the at-fault party/registered owner of the vehicle if the registered owner is someone other than the at-fault driver.
You might be able to file your lawsuit for negligence in Small Claims Court. Your damages (the amount of compensation you are seeking) should be the value of your bike, wage loss, and court costs. Court costs would include the court filing fee and process server fee.
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