Chicago Pedestrian Accident Attorneys
When a pedestrian is hit by a motor vehicle, the injuries that result can be extremely serious. If you’ve been hit in an accident, there may be damages you can recover from the liable party to pay for medical expenses, lost wages and the life-changing injuries you suffered.
Ideally, if you’ve been hit by a driver, the liable party will stay at the scene to fill out police report and provide information. But if you’re the victim of a hit-and-run, you may still able to recover damages for the injuries you suffered.
The Lamber Goodnow Chicago legal team and the legal professionals at our partner firms work to help pedestrians who’ve been hit by cars, trucks, motorcycles or other vehicles. We can help investigate your case, outline your options, and help you get the compensation you and your family need.
We’ve handled cases involving these types of scenarios:
- Distracted driving
- Drunk driving
- Parking lots
- Fail to yield
- Red-light running
- Stop-sign running
When you’re involved in a collision with a car, the injuries you suffer can range from mild to extremely serious. Unfortunately, some pedestrians do not survive these types of accidents.
According to the CDC, more than 650 pedestrians have been killed in accidents in Cook County since 2000. That’s nearly one person every week, one family every week torn apart.
We represent clients who’ve suffered these types of injuries in car-pedestrian accidents:
- Back and spinal injuries
- Head injury
- Organ damage
- Crushing injuries
- Other serious injuries
If a family member is killed in a pedestrian accident, can I file a wrongful death lawsuit?
Yes. Illinois’s Wrongful Death Act provides a cause of action for economic (financial) and non-economic (pain and suffering, loss of consortium) losses suffered by the spouse and next of kin of a person whose death was caused by the wrongful act, neglect, or default of another. 740 Ill. Comp. Stat. 180/1 and 180/2.
An action under the Wrongful Death Act must be filed within two years after death when the personal representative of the deceased knew or should have known that the death was caused wrongfully. 740 Ill. Comp. Stat. 180/2.
Are there any special duties of care that Illinois drivers owe pedestrians?
Yes. Under Illinois law, all drivers of a vehicle must exercise due care to avoid colliding with a pedestrian, or any person operating a bicycle. 625 Ill. Comp. Stat. 5/11-1003.1.
Additionally, all drivers of a vehicle must exercise proper precaution when observing any child, confused individual, incapacitated individual, or intoxicated individual. 625 Ill. Comp. Stat. 5/11-1003.1.
Furthermore, every driver should yield the right-of-way to any pedestrian with disabilities and exercise precaution with every person that is in a wheelchair upon a sidewalk or roadway. 625 Ill. Comp. Stat. 5/11-1004 and 1004.1.
If I was jogging on a marked bike path can I recover damages for my injuries from the bicyclist that hit me?
Yes, although an accident involving a pedestrian and a cyclist is different from an automobile accident, the pedestrian may still recover damages. In an automobile accident, the pedestrian would recover damages from the at-fault driver’s insurance company. When the accident involves a cyclist, the plaintiff (injured person) may recover damages through the at-fault’s homeowners insurance.
As a pedestrian, what duty is placed on me to avoid accidents?
Every pedestrian has the duty to reasonably observe traffic conditions and obey traffic laws. Generally, pedestrians should not begin or continue their forward course across a street if they are aware of an approaching vehicle.
May I still recover damages if I am partially at fault in a pedestrian accident?
In Illinois, the law follows the doctrine of modified comparative fault, making it is possible to recover for injuries related to an accident that you are partially responsible for. Under this doctrine, the injured party’s fault will be compared to others involved in the accident. If the injured party is less than half at fault, that party may recover proportionally up to an amount relative to their degree of fault. 735 Ill. Comp. Stat. 5/2-1116(c).
Keep in mind that the injured party must be less than half at fault. If the injured party is more than 50% at fault, the injured party cannot recover damages for their injuries. 735 Ill. Comp. Stat. 5/2-1116(c).
Frequently Asked Questions About Illinois Pedestrian Accident Law
Does Illinois have any laws that protect pedestrians in crosswalks?
Yes. Similarly to the duty of care that drivers owe pedestrians in general, Illinois drivers owe a heightened duty of care to pedestrians at a crosswalk.
Under Illinois law, pedestrians have the right-of-way at crosswalks:
“(a) When traffic control signals are not in place or not in operation the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section 11-1003(b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians…” 625 Ill. Comp. Stat. 5/11-1002(a)-(e).
How long do I have to file a personal injury lawsuit involving a pedestrian accident?
Illinois has to two-year statute of limitations for pedestrian accident lawsuits. 735 Ill. Comp. Stat. 5/13-202. If the plaintiff is a minor, the statute of limitations does not run until the minor turns 18. 735 Ill. Comp. Stat. 5/13-211(a).
If a plaintiff fails to comply with the statute of limitations, they will be completely barred from recovery.
What damages are recoverable in pedestrian accident cases?
Pedestrians may recover a variety of damages depending on the extent of their injuries. The plaintiff (injured person) may recover past and future medical bills, past and future lost wages, missed vacation time, emotional distress, and pain and suffering resulting from their accident. If the accident is extremely egregious a plaintiff may claim punitive (punishment) damages.
Additionally, if a spouse dies in a pedestrian accident the surviving spouse may seek loss of consortium. This includes damages for loss of marital support including companionship.[3
The Lamber Goodnow Injury Law Team: Our Process
When we work with victims, our first priority is their comfort and care. Being involved in a traumatic accident involves more than physical pain – you’re also dealing with lost wages, effects on your family, and a great impact on your life. The last thing you want to be dealing with during this period is medical bills and insurance companies.
By working with the Lamber Goodnow team, you’re taking the pressure off of your shoulders so you can concentrate on your physical and emotional recovery. Our team will develop a strategy specific to your case, and we’ll handle all legal aspects of your issue. Our goal is to secure maximum compensation for your case.
We do all of this without charging our clients fees during the investigation. We call this our No-Fee Promise. At no time will you pay costs or fees for the day-to-day handling of your case. Instead, we don’t get paid until we recover funds on your behalf in a settlement or a verdict in your favor.
Talk to Us Today
If you’ve been hit by a car – or if you know someone who needs to talk to an attorney for such a situation – please call (312) 757-7777, 24 hours a day, 7 days a week. We’ll connect you with provide you with a free, no-obligation initial consultation.
When we talk, we’ll go over your case, your injuries and the circumstances of the accident. We’ll also give you the opportunity to ask us questions. If you decide to hire us, we’ll manage all aspects of your case – that means working with not only defendants but also insurance companies. And because of our No-Fee Promise, we won’t get paid unless we get a favorable settlement or verdict in your favor.
 Illinois Pattern Jury Instructions (Civil) Nos. 30.02-30.09.
 Slovinski v. Swanson Dev. Co. LLC, 2014, IL App (3d) 110784, 378 Ill. Dec. 889, 5 N.E.3d 279.
 Illinois Pattern Jury Instructions (Civil) Nos. 32.04.