Chicago Pedestrian Injury Claims

With 2.7 million residents, Chicago has thousands of pedestrians crossing busy intersections near Grant Park and the Magnificent Mile – and this can lead to serious injuries when accident victims are struck by oncoming traffic. Our law firm can guide you through the legal process of seeking compensation through pedestrian injury claims, ensuring you receive the funds you need to recover. Contact us today for a free consultation about your claim.

How to File a Pedestrian Accident Claim

You must act quickly to file a pedestrian accident claim. The statute of limitations is typically only two years, meaning that every day counts. Follow these steps as soon as possible.

Call the Police: A police report provides unbiased documentation and can be used as evidence for your pedestrian accident case. Ask for the case number so that you can access the full report later.

Get Contact Information: If the driver has remained on the scene, request their contact information and insurance details. Talk to any bystanders and ask them for their details. If the driver left the scene, write down any details you remember, like the make and model of the car and the license plate.

Seek Immediate Medical Attention: Many pedestrian accidents result in very severe injuries, including traumatic brain injuries or spinal cord injuries. Go to a Level 1 Trauma Center, such as Advocate Illinois Masonic Medical Center.

Document Your Injuries and Damages: Take photos and videos of your injuries and collect your medical records. Keep track of your medical expenses and time off work.

Keep a Pain Diary: This provides invaluable evidence of your non-economic damages. Write down how you feel each day, what challenges you face at work or home, and what limitations you experience.

Follow Your Care Plan: Per Baker v. Hudson, you may have a positive personal injury lawsuit verdict overturned if you don’t continue treatment. Follow all the doctor’s instructions and attend follow-up appointments.

Do Not Speak to the Insurance Company: Avoid giving recorded statements or signing anything from the insurance company, as this can be used to diminish your compensation.

Consult a Personal Injury Attorney: We provide free case reviews and work on a contingency fee basis, meaning there is no risk or obligation to requesting an initial consultation.

What Damages Can Be Recovered in a Pedestrian Accident Lawsuit?

Potential damages for a pedestrian accident lawsuit include:

• Medical bills
• Out-of-pocket medical expenses like physical therapy
• Lost wages
• Loss of future income
• Physical pain and suffering
• Emotional distress
• Loss of normal life

What Is the Average Value of a Pedestrian Accident Case in Chicago?

The average for Cook County pedestrian accident settlements is $1,767,563.

While these averages can be helpful, your own personal injury claim may be different. How much compensation you receive depends on a variety of factors, including your injuries, overall expenses, liability, and available evidence.

Pedestrian Accident Claim Settlements Recovered by Our Chicago Law Firm

As members of the Million Dollar Advocates Forum, our firm has a peerless track record, securing settlements well beyond the state average. These are only a few of our multi-million-dollar settlements for pedestrian crash victims.

$3,200,000: John, a blind elderly man, was on his way to an appointment at Northwestern Memorial Hospital. A Chicago Streets and Sanitation garbage truck was making a right turn and hit him, causing several broken ribs and a traumatic brain injury. This personal injury claim required navigating the Tort Immunity Act (745 ILCS 10/).

$2,250,000: Max, a college student, had finished drinking at a bar on Rush Street. While crossing the street, he was hit by a company van, breaking both his femurs and causing internal bleeding. We negotiated with the business’s insurance company to cover his future care needs.

$733,333: Audrey was walking to her job in the Auburn-Gresham neighborhood when she was struck by a drunk driver who ran a red light. She suffered a pelvic fracture that required multiple surgeries. As this was a hit-and-run accident, we used her own insurance policy to secure compensation.

How a Chicago Pedestrian Accident Attorney Can Help

Our Chicago pedestrian accident lawyers are here to guide you through the entire legal process, enabling you to focus on healing. Our services include the following.

Case Investigation: We will secure police records, medical records, surveillance footage, and witness statements to substantiate your claim.

Damage Evaluation: The insurance company will attempt to lowball your personal injury claim, but we will carefully account for all damages, including non-economic damages like pain and suffering.

Accident Reconstruction: Crash investigation is invaluable for a personal injury lawsuit. It can reveal information such as whether the driver was moving above the Chicago municipal speed limit of 30 mph (9-12-070) or did not yield to pedestrians in the crosswalk (9-24-030).

Lawsuit Filing: Pedestrian accident claims have strict deadlines. Through case management, we will ensure your complaint is filed with the appropriate court on time.

Expert Testimony: Our team will consult with medical experts, therapists, accident reconstructionists, and your family to better understand how the accident impacted your life.

Settlement Negotiations: An experienced pedestrian accident lawyer from our firm will submit a demand letter to the applicable insurance company, requesting a fair sum for your injuries. We will advise you on what fair compensation looks like in your case and handle all third-party communications so you can focus on healing.

Trial Representation: While insurance companies typically settle out of court, some pedestrian accidents are more complex, such as if multiple drivers were involved or if the accident’s circumstances are contested. Our pedestrian accident lawyers are members of the Illinois Trial Lawyers Association, renowned for our skillful trial representation.

FAQs

Can injured pedestrians recover compensation if they were jaywalking?

Yes, you may still be able to recover compensation if you were jaywalking. Illinois uses modified comparative negligence to determine damages (735 ILCS 5/2-1116). This means that you can sue if you weren’t more than 50% responsible, but you will not receive the maximum compensation allowed.

What if the at-fault driver left the scene?

Illinois law requires drivers to stay at the accident scene until police arrive if there are any personal injuries or deaths (625 ILCS 5/11-401). Unfortunately, hit-and-run pedestrian accidents are very common. In 2022, 25% of all pedestrian deaths from motor vehicle accidents were hit-and-run cases.

If this occurs, file a police report with any information you may have, then call a personal injury attorney. We will review your claim and look for evidence, such as surveillance cameras in the area where the accident occurred, to identify the at-fault party.

What if the at-fault driver has no insurance?

Around 15.2% of Illinois drivers lack car insurance, making this unfortunately common. If you have a car insurance policy, you may be able to file a claim under your uninsured motorist coverage. The Illinois Supreme Court ruled in Galarza v. Direct Auto Insurance Co. that bicyclists and pedestrians involved in car accidents can use their own insurance policy to cover personal injury claims.

How long do victims have to file a pedestrian accident claim in Illinois?

In general, you have two years to file a personal injury lawsuit after a pedestrian accident (735 ILCS 5/13-202). If the accident victim was under age 18, then the statute of limitations is paused until they reach 18 (735 ILCS 5/13-211).

Fatal pedestrian accidents are filed under the Illinois Wrongful Death Act, which has a statute of limitations of two years after the date of death (740 ILCS 180/). The next of kin can also secure damages for loss of financial support, medical attention prior to death, funeral and burial expenses, and grief.

Book a Free Consultation

A pedestrian accident is frightening, painful, and confusing. While you may be overwhelmed by the legal complexities involved, you don’t have to go through this experience alone. We’re here to support you through the process and ensure that you can recover in comfort.

Our Chicago motor vehicle accident lawyers have a perfect 10/10 AVVO rating, representing our commitment to the best possible legal advocacy.

We work on a contingency fee basis: no fees unless we win. To schedule your free consultation, call us or use our online contact form.