Illinois pedestrian accident attorney settles DuPage County lawsuit for $600,000
Chicago pedestrian accident lawyer Gary Annes has reached a $600,000 settlement. The claim stems from a DuPage County automobile vs. pedestrian collision that occurred in Lyle, Illinois in November, 2008. Liability, was difficult and heavily contested in the case.
The pedestrian was struck at the intersection of Ogden Avenue and Center Avenue in an unmarked crosswalk. The intersection is near a METRA train station and frequently crossed by train passengers.
Our client was a pedestrian walking from the nearby train station to his automobile parked in a commuter parking lot. He crossed north from the southwest corner of the intersection toward the northwest corner. He safely crossed the two lanes of eastbound traffic and stood in the median waiting until it was safe to cross the westbound lanes. A car approaching in the centermost westbound lane stopped for him to cross. The pedestrian crossed in front of the stopped car, checked to his right to ensure that it was clear to cross the outside lane of westbound traffic. It was clear and he began to cross the last lane.
At the intersection there was a handicap ramp cut-out of the sidewalk and curb at Center’s intersection with Ogden. However, there was no marked crosswalk at the location and the accident occurred at night. Further, the westbound traffic had no stop sign.
The defendant, a seventy-eight year old gentleman, was driving westbound on Ogden Avenue approaching its intersection with Center Avenue. The pedestrian had safely crossed almost the entire outside lane of traffic and was only a step away from the edge of the road when Defendant struck our client with the front passenger side corner of his vehicle. The force of the impact threw him up on to the windshield of Defendant’s vehicle and then forward and to the right, landing directly in front of another vehicle. The plaintiff was found in a pool of his own blood and transported by ambulance to Good Samaritan Hospital.
The Lisle Police Department responded to the scene of the collision. The responding officer spoke with Defendant and a witness about the incident. Defendant admitted to the responding officer that he hit our client and stated that initially he thought he only struck a rock. Defendant admitted that he had not seen the pedestrian at any time before he struck him with his car.
