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Was it driver negligence? Failure to yield to a pedestrian in a crosswalk proves fatal for a 6-year-old Chicago girl

Posted by David Nemeroff | Nov 03, 2011 | 0 Comments

Over the past month, I have written two blogs regarding Pedestrian Cross walk safety and uninsured motorists. Just last week, a 6-year-old girl was struck and killed by a car. What was tragic was that she was walking in a crosswalk. Diamond Robinson died from the injuries she suffered as a result of this fatal car accident. Her companion a 16-year-old girl suffered a fractured arm. Designated crosswalks are supposed to be an area of safety for pedestrians. Why are more and more accidents occurring in crosswalk? Are drivers more distracted?

As a Chicago car accident and injury lawyer, I have handled multiple pedestrian crosswalk accident claims. Why does it seem that motorists fail to yield to pedestrians in crosswalks? Are drivers more distracted? The driver of the car that struck and killed Diamond Robinson was driving on Loomis St when the accident occurred. The driver was ticketed for failure to yield to a pedestrian in a crosswalk which resulted in death and personal injury. He was also cited for excessive speed for conditions and driving without insurance. Let's take a moment to discuss pedestrian safety in a crosswalk.

Just last week, several mannequins were placed along Wacker Dr to represent those pedestrians killed in pedestrian related car accidents last year in Chicago. There were 33 pedestrian related fatalities in Chicago last year. Most of us assume that if we cross the streets in a designated crosswalk we are safe. Not the case anymore. More and more accidents are occurring in these designated areas. As a result, the City of City will be placing heightened law enforcement surveillance of these areas. As pedestrians we can take some safety steps to better protect ourselves when in and entering a pedestrian crosswalk. Always, enter when the traffic control devise advises pedestrian traffic. Do not try to beat the warning device when is signaling against pedestrian traffic. Be alert, when crossing traffic. This means, stay off your mobile devise. Whether its texting or talking, this leads to distraction. Stay safe and keep of the mobile devise.

Another issue in this car accident is the driver is uninsured. Why would someone choose to drive an automobile without proper insurance? It is required by law that all Illinois law motor vehicles registered and operated in Illinois to be covered by liability insurance. Liability insurance covers property damage and injuries that may happen as a result of an accident. An individual driver is in compliance with the Illinois law if you they have liability insurance in the following minimum amounts:

  • $20,000 coverage for death or injury of a person an individual person in an
  • accident.
  • $40,000 coverage for death or injury of more than one individual person in an accident.
  • $15,000 for cover for damage to property of individual person.

Let's look at what can happen if you are convicted of driving without insurance in Illinois. Failure to adhere to this law is enforced two different methods. If the driver is found guilty and convicted of operating an uninsured vehicle, the conviction is then submitted to the Secretary of State for processing. A license plate suspension will be instated and a three-month driver's license suspension will occur as a result of the conviction. The second method is a random selection by the Secretary of States computer for proof of insurance. The computer selects a random license. You will receive insurance Verification form from the Secretary of State. The computer will ask for verification of proof of insurance and the driver's liability coverage will be verified with the insurance company. If you are uninsured on the date of the form or if you fail to return the form, a license plate suspension will occur. Many ask, what are the penalties that can happen for operating an uninsured? In the State of Illinois the minimum fine is $500 for driving an uninsured vehicle. The fine for driving a vehicle while the registration is suspended for no insurance is a $1,000 fine.

About the Author

David Nemeroff

David Nemeroff was voted one of the Top 100 Lawyers in the entire state of Illinois (out of 83,000 lawyers) by Super Lawyers Magazine...


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