Walking is a part of daily life, whether you’re commuting to work, running errands, or simply enjoying a stroll. However, in Illinois, pedestrian safety is becoming a growing concern. In 2024, Illinois saw a significant rise in pedestrian fatalities, with 219 fatal pedestrian-involved crashes, according to the Illinois Department of Transportation (IDOT). This marks a 9.5% increase from the 200 pedestrian deaths recorded in 2023—highlighting the dangers pedestrians face on Illinois roads.
When a pedestrian is hit by a car, the consequences are often severe. Unlike drivers and passengers, pedestrians have no protection—no airbags, seat belts, or metal frame to absorb impact. Even at low speeds, a collision can lead to broken bones, spinal cord injuries, traumatic brain injuries, or even death. Survivors are often left with long-term medical issues, lost wages, and emotional trauma, all while struggling to navigate complex insurance claims and legal battles. Having a pedestrian accident attorneys can really make a big difference.
Understanding Pedestrian Accident Laws in Illinois
Illinois has strict traffic laws designed to protect pedestrians, but accidents are often due to careless or negligent drivers. Many pedestrian crashes occur because drivers fail to yield, run red lights, speed, drive distracted, or even drive under the influence.
Where Do Most Pedestrian Accidents Happen?
Pedestrian accidents can happen anywhere, but they are more likely to occur in:
- Marked Crosswalks and Intersections – Drivers who fail to yield or stop at red lights pose a danger to pedestrians.
- Residential Neighborhoods – Speeding and distracted driving can result in pedestrians being hit near homes, schools, and parks.
- Parking Lots – Many drivers fail to check for pedestrians when reversing, leading to unexpected and severe accidents.
- Bus Stops and Public Transportation Areas – Pedestrians often step onto the road to board or exit buses, increasing their risk of being hit by passing cars.
- High-Speed Roads and Highways – Accidents in these areas are often fatal, as the impact from high-speed collisions can be devastating.
What Are Illinois’ Pedestrian Right-of-Way Laws?
Under Illinois law, pedestrians have the right-of-way in most situations:
- Drivers must stop for pedestrians at all marked and unmarked crosswalks.
- Pedestrians must obey all traffic signals, including “Walk” and “Don’t Walk” signs.
- Pedestrians should not suddenly step into traffic if a vehicle is too close to stop in time.
Even though these laws are in place to protect pedestrians, many drivers ignore them, leading to thousands of preventable accidents each year.
What to Do If You’re a Pedestrian Hit by a Car in Illinois
If you are a pedestrian hit by a car, your health and legal rights should be your top priority. Here’s what you need to do:
- Seek Immediate Medical Attention
Even if you feel okay, seek medical care immediately. Many injuries, such as head trauma or internal bleeding, may not show symptoms right away.
- A medical report will serve as critical evidence in your injury claim.
- Delaying treatment could allow the insurance company to argue that your injuries weren’t serious.
- Call 911 and File a Police Report
The police will document the accident, collect witness statements, and record driver information. The report will include:
- The driver’s name, insurance details, and contact information.
- Statements from bystanders who witnessed the crash.
- An officer’s assessment of the accident scene.
- Gather Evidence (If You Can)
If you are physically able, take photos and videos of the accident scene, including:
- Your injuries.
- The car that hit you (license plate, make, and model).
- Traffic signals, stop signs, and road conditions.
- Witnesses who saw the accident.
- Do NOT Discuss Fault with Anyone
After an accident, avoid discussing fault with anyone at the scene, including the other driver, witnesses, or even law enforcement. Admitting fault, even casually, can be used against you during the claims process. Even seemingly innocent statements like “I didn’t see the car” or “I think I was going too fast” can be interpreted as an admission of liability. Insurance companies and opposing attorneys may use these statements to reduce or deny your claim.
Instead, focus on exchanging necessary information, documenting the accident, and providing factual answers to law enforcement officers if required. Stick to the facts—avoid speculating about what happened or making statements that could be misinterpreted. Let the insurance companies and legal professionals determine liability based on evidence rather than offhand remarks.
- Contact a Pedestrian Accident Attorney
Insurance companies will try to pay you as little as possible—or even blame you for the accident. An experienced pedestrian accident lawyer will protect your rights, handle negotiations, and fight for maximum compensation.
More: What is the Statute of Limitations on Personal Injury in Illinois?
Who is Liable in a Pedestrian Accident?
Illinois’ Modified Comparative Negligence Rule
Illinois follows a modified comparative negligence system:
- You can still recover damages if you were less than 50% at fault.
- If you were partially at fault, your compensation is reduced by your percentage of fault.
- If you were 50% or more at fault, you cannot recover damages.
For example, if a pedestrian crosses outside a crosswalk but the driver was speeding, the pedestrian may be found 20% at fault. If the damages total $100,000, the pedestrian would receive $80,000 instead.
Who Can Be Held Liable?
- The driver – If they were speeding, distracted, intoxicated, or failed to yield.
- A third-party driver – If another driver’s reckless actions contributed to the crash.
- The city or municipality – If poor road conditions, broken traffic signals, or missing crosswalk signs played a role.
A thorough investigation by an attorney is often needed to determine who is responsible and how much compensation is owed.
More: What are the Average Soft Tissue Back Injury Settlement Amounts in Illinois?
How Pedestrian Accident Attorneys Can Help Your Case
Insurance companies often offer low settlements or try to blame the pedestrian to avoid paying. An experienced pedestrian accident attorney will fight to ensure you get the compensation you deserve.
- Investigate the accident thoroughly—reviewing video footage, traffic reports, and witness statements.
- Negotiate with insurance companies—to prevent lowball offers.
- Ensure you receive full compensation—for medical expenses, lost wages, emotional distress, and pain and suffering.
- Represent you in court if needed—if a fair settlement isn’t offered.
Without a lawyer, you risk getting far less than you deserve.
Speak with Experienced Pedestrian Accident Attorneys Today
If you or a loved one has been hit by a car in Illinois, don’t let the insurance company take advantage of you. Medical bills, lost wages, and pain from serious injuries can be overwhelming, but you don’t have to handle this alone. At Pacin Levine, P.A., our pedestrian accident attorneys are dedicated to protecting your rights and securing the compensation you deserve.
Call 1-800-24-7-CRASH (2727) today for a free consultation. Let us fight for you while you focus on healing.
