A pedestrian has virtually no physical protection when struck by a passenger vehicle, SUV, commercial truck, or motorcycle. Even a collision at a relatively low speed can cause fractures, traumatic brain injuries, spinal injuries, internal trauma, permanent disability, or death.
At Robert Edens Law Office, we represent pedestrians injured by negligent drivers throughout Lake County, McHenry County, Cook County, and surrounding Northern Illinois communities.
We investigate how the collision happened, determine which traffic and pedestrian laws apply, preserve available video and physical evidence, identify insurance coverage, document the full extent of the injuries, and pursue compensation supported by Illinois law.
Call us at (847) 395-2200 or contact us to discuss an Illinois pedestrian accident.
Illinois law imposes responsibilities on both drivers and pedestrians.
Regardless of other right-of-way provisions, every driver must exercise due care to avoid colliding with a pedestrian. Drivers must sound the horn when necessary and exercise proper precautions when observing a child or an obviously confused, incapacitated, or intoxicated person.
That duty does not mean a motorist is automatically responsible every time a pedestrian is struck.
The investigation still must determine where the pedestrian was located, how the pedestrian entered or traveled along the roadway, what the driver could reasonably see, vehicle speed, lighting, traffic controls, and whether either party had sufficient time to avoid the collision.
We evaluate those facts rather than assuming liability simply because a pedestrian suffered the more serious injury.
Illinois provides important protections to pedestrians crossing within crosswalks.
When traffic-control signals are not present or operating, a driver must stop and yield to a pedestrian within a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching so closely from the opposite half that the pedestrian is in danger.
A pedestrian also has responsibilities. Illinois law prohibits a pedestrian from suddenly leaving a curb or other place of safety and entering the path of a moving vehicle that is so close that it presents an immediate hazard.
Another important rule applies when one vehicle stops for someone using a crosswalk. A driver approaching from behind may not overtake and pass the stopped vehicle when it has stopped to allow the pedestrian to cross.
These rules can become central in crosswalk collisions where the parties disagree about who entered first, whether the pedestrian was visible, or whether another stopped vehicle obstructed the driver’s view.
A painted crosswalk is not the only location where pedestrian right-of-way rules can apply.
Section 11-1002 applies to pedestrian crossings within a crosswalk, and Illinois traffic law recognizes unmarked crosswalks at qualifying intersections. The applicable right-of-way analysis therefore should not be reduced to whether white lines were painted on the pavement.
We examine the intersection design, traffic controls, curb locations, road markings, vehicle paths, and other conditions to determine which rules governed the crossing.
Crossing outside a crosswalk does not automatically eliminate a personal injury claim.
Illinois law generally requires a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection to yield the right of way to vehicles on the roadway. Between adjacent intersections where traffic signals are operating, pedestrians generally may cross only within a marked crosswalk.
That does not give drivers permission to strike pedestrians outside crosswalks.
Drivers still have the statutory duty to exercise due care to avoid a collision.
A pedestrian who crossed outside a crosswalk may face a comparative-negligence argument, but the driver’s speed, distraction, visibility, reaction, and opportunity to avoid impact still require investigation.
Illinois also regulates where pedestrians may walk when traveling along a highway.
Where a usable sidewalk is available, pedestrians generally may not walk along the adjacent roadway. If no sidewalk is available, pedestrians generally must use the shoulder and remain as far from the roadway edge as practicable. Where neither a sidewalk nor shoulder is available on a two-way roadway, pedestrians generally must walk as close as practicable to the outside edge on the left side, facing traffic.
These rules can become important in accidents occurring on rural roads, residential streets without sidewalks, roadway shoulders, and other areas where pedestrian infrastructure is limited.
A violation may become evidence in a comparative-fault dispute, but it does not automatically determine the entire case.
Illinois law expressly requires drivers to yield the right of way to pedestrians on sidewalks.
This can be particularly important when a vehicle:
A pedestrian does not need to be in the middle of a major roadway for a driver-pedestrian collision claim to arise.
Parking lots, shopping centers, apartment complexes, driveways, commercial entrances, and similar areas can all create pedestrian hazards.
Children present special safety concerns because younger pedestrians may not judge speed, distance, or traffic movement the same way an adult would.
Illinois has specific crosswalk protections for school zones. On school days when schoolchildren are present and traffic conditions create a potential hazard, drivers must stop and yield to qualifying children using a crosswalk when traffic signals are absent or not operating.
Illinois’ general due-care provision also specifically instructs drivers to exercise proper precaution upon observing a child.
A child pedestrian case can also involve different comparative-fault considerations from an adult claim because the child’s age, intelligence, experience, and ability to appreciate danger may affect the legal analysis.
Settlements involving minors may require court approval and arrangements protecting the child’s recovery.
Pedestrian crashes can result from many forms of driver negligence.
We investigate collisions involving distracted driving, failure to yield, speeding, unsafe turns, backing vehicles, failure to stop at traffic controls, impaired driving, poor lookout, and drivers who proceed through crosswalks without confirming that pedestrians have cleared their path.
Some collisions involve more than one factor.
A driver may be distracted while turning through an intersection. Another may be traveling too fast to stop for a pedestrian who is legally crossing. A commercial driver may have limited visibility while maneuvering in a parking or loading area.
The specific cause matters because it determines which evidence we need to preserve and which people or companies may be responsible.
A pedestrian can have a walk signal or otherwise lawfully enter a crosswalk while a driver simultaneously prepares to make a turn.
The driver must account for pedestrians within the vehicle’s intended path.
Right-turn and left-turn collisions may require examination of traffic-signal sequencing, crosswalk placement, sight lines, vehicle speed, driver attention, pedestrian movement, and nearby surveillance.
A driver who looked only for approaching cars may fail to notice the pedestrian directly ahead or beside the vehicle.
Parking areas create different visibility problems from ordinary roadways.
A pedestrian may be struck when a driver backs from a parking space, turns through a parking aisle, exits a garage, or crosses a sidewalk while entering or leaving private property.
Evidence can include surveillance video, backup-camera information, vehicle sensors, witness accounts, photographs, parking-lot design, and the driver’s own statements.
Businesses and property owners may become relevant when a dangerous property design or another condition contributed to the collision, depending on the facts.
Your immediate medical needs should come first.
Call 911 when appropriate and obtain medical attention based on your symptoms and injuries. Pedestrian impacts can cause serious orthopedic, neurological, and internal injuries even when the injured person initially remains conscious and able to communicate.
If circumstances permit, preserve photographs of the vehicle, roadway, crosswalk, traffic controls, surrounding buildings, lighting, debris, visible injuries, shoes, clothing, and any personal property damaged in the collision.
Obtain witness names and contact information.
Do not assume police will locate every camera in the area. Nearby businesses, residences, buses, parking facilities, and other vehicles may possess footage that is overwritten relatively quickly.
A pedestrian accident often depends on reconstructing the movement of both the pedestrian and vehicle.
Evidence may include police reports, witness statements, traffic-camera footage, business surveillance, residential cameras, vehicle event data, cellphone evidence when legally obtainable, photographs, road measurements, traffic-signal information, medical records, and accident-reconstruction analysis.
The pedestrian’s clothing, shoes, personal devices, and damaged property may also provide useful evidence in some cases.
In a serious collision, we want to understand not only where the final impact occurred but also what each party could see and how much time each had to react.
Pedestrian accidents frequently cause injuries to multiple areas of the body.
We represent clients with traumatic brain injuries, concussions, spinal cord injuries, cervical and lumbar injuries, fractures, pelvic injuries, shoulder and knee injuries, internal organ damage, nerve injuries, facial trauma, scarring, and other serious conditions.
Treatment may include emergency surgery, orthopedic procedures, neurological care, rehabilitation, physical therapy, assistive devices, and long-term medical monitoring.
Claim value should reflect the complete medical course rather than only the first hospital bill.
Our Traumatic Brain Injury Lawyers and Spinal Cord Injury Lawyers pages provide additional information about particularly serious injuries.
An Illinois pedestrian injury claim may potentially include compensation for reasonable past and future medical expenses, lost income, diminished earning capacity, pain and suffering, disability, loss of normal life, emotional consequences, and disfigurement when legally recoverable and supported by evidence.
The value of the claim depends on the person and injury.
A pedestrian who recovers fully after limited treatment presents a different claim from someone who requires surgery, cannot return to the same occupation, or needs lifetime assistance.
We do not calculate serious injury claims from a generic settlement average or medical-bill multiplier.
Illinois follows modified comparative negligence.
A pedestrian whose contributory fault is 50 percent or less may still recover damages, although the recovery is reduced according to the pedestrian’s percentage of responsibility. Recovery is barred when contributory fault exceeds 50 percent.
For example, if proven damages total $500,000 and the pedestrian is found 20 percent at fault, the recovery would be reduced to $400,000.
At exactly 50 percent fault, the injured pedestrian may still recover 50 percent of the proven damages.
Comparative-fault disputes may concern crossing location, traffic signals, sudden entry into the roadway, visibility, walking along the roadway, or distraction. We evaluate those allegations against the driver’s conduct and the entire body of evidence.
A hit-and-run pedestrian collision should be reported immediately.
Witnesses, surveillance video, vehicle fragments, plate information, and descriptions of the vehicle may help identify the driver.
Even when the driver cannot be found, insurance coverage should still be investigated.
Illinois requires qualifying automobile policies to include uninsured and hit-and-run motorist protection for insured people legally entitled to recover damages from uninsured or hit-and-run drivers, subject to policy terms, insured status, exclusions, and applicable limits.
A pedestrian does not necessarily have to be occupying a vehicle for automobile insurance issues to become relevant. Whether a particular policy covers the injured pedestrian requires review of the policy and the person’s insured status.
A serious pedestrian injury can exceed the negligent driver’s liability limits.
Depending on the circumstances, additional sources may include applicable underinsured motorist coverage, an employer’s commercial policy if the driver was working, an excess or umbrella policy, or another responsible party.
We investigate coverage along with liability rather than assuming the driver’s basic automobile policy represents the maximum possible recovery.
Pedestrian accidents involving delivery trucks, tractor-trailers, buses, rideshare vehicles, and other commercial vehicles may require additional investigation.
The driver’s employer or another business may potentially be responsible depending on the employment relationship and circumstances of the trip.
Commercial cases may also involve driver records, dispatch information, vehicle cameras, GPS data, company policies, and higher or additional insurance coverage.
Our Truck Accident Lawyers page discusses commercial-motor-vehicle evidence in greater detail.
A pedestrian struck by a municipal vehicle, public employee, transit vehicle, or another governmental defendant can face substantially different rules.
Under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, many civil actions against local governmental entities or their employees must be commenced within one year rather than the ordinary two-year personal-injury period. Governmental immunities may also affect whether a claim exists.
Claims involving the State of Illinois can involve different procedures.
Government-related accidents should therefore be evaluated promptly rather than relying on the ordinary limitations period.
When a pedestrian dies because of another party’s wrongful conduct, qualifying family members may have rights under the Illinois Wrongful Death Act, together with a potential Survival Act claim.
These cases can involve loss of financial support, household services, society, grief, sorrow, mental suffering, and qualifying damages that belonged to the deceased person before death.
Our Illinois Wrongful Death Lawyers page explains those claims in detail.
Illinois generally requires an action for personal injury to be commenced within two years after the cause of action accrues.
That two-year rule is not universal.
Shorter periods can apply to local governmental defendants. Different provisions may also apply when the injured person is a minor or legally disabled, when the collision results in death, or when another specialized statute governs the claim.
Evidence preservation should not wait for the statute of limitations. Surveillance footage, traffic information, physical evidence, and witness recollections may disappear much sooner.
No. Pedestrians have substantial protections, particularly within qualifying crosswalks, but they also have duties. A pedestrian generally must yield when crossing outside a marked or qualifying unmarked crosswalk and cannot suddenly enter the path of a vehicle that is too close to stop safely.
When traffic signals are absent or not operating, Illinois requires a driver to stop and yield when a pedestrian is within the driver’s half of the crosswalk or approaching so closely from the opposite half as to be in danger.
You may still have a claim. Crossing outside a crosswalk can create a comparative-fault issue, but drivers continue to have a duty to exercise due care to avoid striking pedestrians.
Potentially, yes. Illinois permits recovery when contributory fault is 50 percent or less, with damages reduced proportionately. More than 50 percent fault bars recovery.
Illinois expressly requires vehicle drivers to yield the right of way to pedestrians on sidewalks.
Report the collision promptly and preserve any identifying information or video. Applicable uninsured or hit-and-run motorist coverage may provide compensation depending on your insured status and policy terms.
Yes. A child can have a personal injury claim, and different considerations may apply to comparative fault, limitations periods, and approval or protection of settlement funds.
There is no reliable average. Value depends on liability, comparative fault, medical treatment, permanent impairment, future care, lost earnings, earning capacity, insurance coverage, and other case-specific evidence.
Most ordinary Illinois personal-injury actions are subject to a general two-year period, but governmental and other specialized claims may have different deadlines.
Visit our Motor Vehicle Accident Lawyers page for broader information about liability, evidence, insurance, injuries, and damages. You can also review our Illinois Personal Injury And Workers’ Compensation FAQs.
Pedestrian accident cases can involve crosswalk rules, traffic signals, roadway location, vehicle speed, visibility, driver distraction, comparative negligence, surveillance footage, insurance coverage, and serious medical injuries.
At Robert Edens Law Office, we investigate those issues and evaluate the claim from the evidence rather than simply accepting the insurance company’s version of the collision.
We represent injured pedestrians throughout Antioch, Waukegan, Grayslake, Gurnee, Lake Zurich, Round Lake, Lake Villa, Libertyville, Woodstock, McHenry, Crystal Lake, Barrington, and surrounding Northern Illinois communities.
Call us at (847) 395-2200 or contact us to request a consultation about an Illinois pedestrian accident.
Every claim depends on its individual facts and evidence. Prior results do not guarantee a similar outcome, and this page provides general legal information rather than legal advice concerning a particular pedestrian accident.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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