Fatal Pedestrian Accidents in Chicago

Unfortunately, fatal pedestrian accidents are common in large urban areas like Chicago, especially in areas with heavy foot traffic like the Magnificent Mile or Museum Campus.

The National Highway Traffic Safety Administration (NHTSA) data notes that pedestrian fatalities nationwide have risen sharply since 2009, with the highest number of injured pedestrians amongst adults over age 60. The increasing size of passenger cars, SUVs, and pickup trucks has also raised overall traffic deaths along American roads.

If you have lost a loved one to a fatal traffic collision, you’re not alone. Contact our compassionate personal injury attorneys for a free consultation.

How Common Are Fatal Pedestrian Crashes in Chicago?

The Illinois Department of Transportation notes that in 2023, there were 2,492 pedestrian accidents in Chicago with 48 pedestrian deaths. That same year, there were 101,023 car accidents overall, including 158 that resulted in traffic fatalities.

In other words, 30% of all fatal crashes involved pedestrian deaths, even though less than 3% of all crashes involved pedestrians. Pedestrian victims are more likely to suffer fatal injuries than passengers because they have no protection and often suffer multiple fractures due to the size and speed of a vehicle.

How Does Chicago Compare to Pedestrian Safety Data by the Insurance Institute for Highway Safety?

The Insurance Institute for Highway Safety notes that nationwide, pedestrian fatalities accounted for 18% of all traffic deaths in 2023. This means that a person walking in Chicago is far more likely to be killed or injured than in other places throughout the United States.

What Damages Can Be Recovered in a Fatal Pedestrian Accident Claim?

Damages you can secure for a pedestrian accident claim include:

• Medical bills prior to death
• Lost income prior to death
• Loss of financial support
• Funeral and burial expenses
• Loss of companionship
• Emotional distress
• Grief

The Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital removed the statutory cap on non-economic damages. This means that a court like the Circuit Court of Cook County can award any non-economic damages that are appropriate for the specific case.

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

The average payout for pedestrian accident settlements in Chicago is $5,129,983.

Several factors determine how much you may receive in a settlement. These include the available insurance, the victim’s age and occupation, overall damages, and evidence.

Example Cases Filed in Cook County

Lewis Lingafelter Jr., 27, was performing road maintenance on the southbound lanes of Interstate 294 in Proviso Township. An Illinois State Toll Highway Authority was parked in the work zone to direct traffic away from the workers. James Garrett, driving an Overnight Transportation tractor-trailer for UPS, rear-ended the maintenance vehicle, which then struck and killed Lingafelter. Garrett and Overnight Transportation were found to be 100% liable, and a jury awarded Lingafelter’s widow $22,520,000.00.

Francesco Colella, 61, was a 20-year veteran construction worker for Benchmark Construction Co. He was working on a city water project near Justine and 79th Street, on Chicago’s south side. While working, he was struck and killed by a dump truck driven by Sam Inendino, who was also part of the project. Colella’s estate alleged that Inendino had previous traffic citations for reckless driving, which made his employer liable. The Cook County Circuit Court awarded $9,264,600.00 to Colella’s estate.

How Long Do Family Members Have to Take Legal Action Following a Pedestrian Fatality in Illinois?

Illinois allows a victim’s family to file a claim within two years of the person’s passing (740 ILCS 180/). Because insurance negotiations can take significant time, contact our compassionate attorneys as soon as possible.

How an Experienced Attorney Can Help

Our Chicago pedestrian accident attorneys will guide your family through the entire pedestrian accident claim process, ensuring you can focus on your healing journey rather than case management. Some of our services include the following.

Case Investigation: We will gather strong evidence, including medical records, accident reports, witness statements, and surveillance footage, to understand how the crash occurred.

Case Management: We begin by filing a complaint with the Circuit Court of Cook County with our available evidence. Our team will manage deadlines, document requests, and other logistical tasks. Additionally, we handle all third-party communication on your behalf so that you can focus on your grieving process.

Damages Evaluation: Measuring the financial impact of a loved one’s death can be challenging. We will assess your lost income, medical expenses, and emotional distress to determine a fair amount using tools like injury multipliers.

Expert Testimony: Our team can consult with experts, including medical professionals, psychologists, accident reconstruction specialists, and motor safety researchers, to establish the circumstances of the crash. This ensures that your loved one is not unfairly blamed and that you have a strong case.

Insurance Negotiations: We will use settlement data, available evidence, and damage calculators to demand fair compensation for your family. As members of the Million Dollar Advocates Forum, we have secured over $450 million in settlements and positive verdicts across the last 25 years.

Trial Representation: Many cases settle out of court, sparing families the heartache of facing negligent drivers in court. However, some cases have legal complexities, or the insurance refuses to pay a fair amount. We are members of the Illinois Trial Lawyers Association, known for our 98% success rate and 100 combined years of legal expertise.

Our firm works on a contingency fee basis, meaning that you owe us nothing unless we win. Our legal fees are deducted from your settlement. There is no cost for contacting us about your case.

FAQs

What are the most common causes of fatal pedestrian crashes?

Reckless driving continues to be one of the leading causes of pedestrian accidents. Negligent drivers may exceed Chicago’s 30 mph speed limit (9-12-070), text while driving, or drive while intoxicated. These increase the risk of being struck at an intersection, as drivers may fail to check their blind spots.

Other common causes of pedestrian crashes include:

• Driver’s to yield to pedestrians (9-24-030)
• Distracted walking, such as a walker looking at their phone
• Improper crossing, such as jaywalking
• Low visibility, especially at night
• Driver fatigue, especially in the early morning or late evening
• Weather conditions, such as fog, snow, or rain
• Poor road conditions, including potholes
• Poor road design with blind spots
• Blind left turns

How do you prove distracted driving caused a pedestrian death?

One key way to prove that distracted driving caused the pedestrian crash is to use surveillance or dash-cam footage showing the driver engaged in another activity, such as talking on a cell phone.

Our team can subpoena cell phone records to show that the motorist was texting, running applications, or talking on the phone. Lastly, bystanders can provide witness testimony to what they saw at the time of the accident.

We partner with crash reconstruction specialists who can identify whether driver distraction, speeding, or intoxication played a role in the crash.

Do family members need motor vehicle accident police reports to support a claim?

While it is not legally required to open a claim, police reports play a critical role in supporting a fatal pedestrian crash claim. This is especially true if it was a hit-and-run accident or if factors such as speeding were involved.

An accident report is an unbiased and contemporaneous document proving the crash occurred. It can also prove if the driver was intoxicated through field sobriety tests. As such, it is an invaluable piece of evidence even if you choose not to pursue a criminal case.

We can contact the Chicago Police Department to request any documents related to the incident and speak to responding officers to understand the circumstances better.

Book a Free Consultation

Our Chicago motor vehicle accident attorneys are members of the American Association for Justice, committed to helping families manage the financial impact of a loved one’s passing. We’re here to support you throughout the legal process so that you can focus on healing rather than litigation.

We work on a contingency fee basis: no fees unless we win. Call us today or use our online contact form to schedule a free case review with our caring legal team.