Legal Question in Personal Injury in Illinois
who is at fault/injury
At a mall, while walking next to the meridan on the left hand side facing traffic, a car turned right and hit me. There was no crosswalk, I was walking along side the road to the shopping mall.
The drivers insurance is now stating that they have not decided liability and may not pay my medical bills. I have a soft tissue injury to my right shoulder from falling. I have begun physical therapy and will continue it for four to six weeks. My medical insurance may/may not pay, but they won't pay for the use of the ambulance and out of network hospital.
What should I do? No tickets were issued at the scene.
3 Answers from Attorneys
Re: who is at fault/injury
Please give my office a call so that we may discuss this matter further. My phone number is 1(800)322-0359.
Re: who is at fault/injury
You may need to sue the driver and insurance company to recover your expenses as well as other incidental recoveries, i.e. pain and suffering. Getting a lawyer involved is probably a good idea since many personal injury lawyers (including ourselves) often take cases on contingency - meaning you don't have to pay fees up front but only if there is a recovery. Feel free to call us and we will be happy to discuss the matter with you.
Re: who is at fault/injury
Who is at fault?? Too many facts here, not enough reliable information.
Whether you have a case against the driver who hit you can be determined by a lawyer. Find a personal injury attorney in your area, and show your case to him or her, and get an opinion based upon the particular facts of your case.
By the way, if you were walking next to the median (i.e., �meridian�?) (i.e., the strip down the middle of a divided highway), you might have been in violation of the law. The Illinois Motor Vehicle Code provides:
Sec. 11-1007. Pedestrians walking on highways. (a) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of a roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.
(d) Except as otherwise provided in this Chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
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