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Pedestrian Accident Lawsuit in Chicago

When someone comes to us after a pedestrian accident, we know they are facing pain, confusion, and uncertainty about what comes next. Filing a pedestrian accident lawsuit can feel overwhelming, especially when you’re dealing with injuries, medical bills, and an insurance company that refuses to take responsibility.

As Chicago pedestrian accident attorneys, we stand with you throughout this process. We believe in your case, and we are here to guide survivors and their families through every step of a pedestrian accident claim with clarity, compassion, and strength.

We have represented countless pedestrian accident victims across Chicago, including crashes in unmarked crosswalks, intersections controlled by traffic signals, and neighborhoods where driver negligence put lives at risk. Whether your accident occurred downtown, near a CTA bus stop, or in a residential area, our firm is here to help you win a pedestrian accident case, protect your rights, and pursue maximum compensation under Illinois law.

How to File a Pedestrian Accident Lawsuit in Chicago

Filing a personal injury lawsuit in Chicago is a structured legal process. We guide our clients through every phase so they can focus on healing, medical care, and rebuilding stability after being harmed and sustaining anything from minor to life-altering injuries. Below is what you can expect.

Free Consultation

Everything begins with a free consultation. We learn what happened, evaluate the accident scene, review police reports, and answer questions about how much compensation may be available in your pedestrian injury claim. You pay nothing upfront. We gather witness statements, medical records, and details about medical expenses, lost wages, future medical bills, and the emotional distress you’re experiencing.

This early stage helps us determine the at-fault driver and whether uninsured motorist coverage or your own insurance policy may play a role in your financial recovery.

Discovery Process

Once we file a civil lawsuit on your behalf, the discovery process begins. During discovery, we exchange evidence with the defendant’s insurance company and attorneys. We obtain surveillance footage, driver cell-phone records (when distracted driving is suspected), crash-reconstruction reports, and medical evaluations from medical professionals who can explain traumatic brain injury, spinal cord injury, broken bones, and other pedestrian accident injuries.

The discovery process strengthens your personal injury lawsuit and allows us to build the strongest possible pedestrian accident case for civil court or settlement negotiations.

Insurance Company Negotiations and Settlement

Most pedestrian accident claims settle before trial. We negotiate directly with the insurance company, fighting for a fair settlement that accounts for:

  • Immediate and future medical bills
  • Pain and suffering
  • Lost wages
  • Emotional trauma
  • Long-term medical treatment for severe injuries or permanent disabilities

If the insurance company refuses to offer fair compensation, we’re ready to move forward and continue fighting on your behalf. You deserve full and fair recovery, not a lowball offer based on incomplete facts.

Trial

While many pedestrian accidents settle outside of court, we prepare every personal injury claim as if it will go before a judge and jury. If a trial becomes necessary, we present your case thoroughly, relying on expert testimony, medical records, police reports, and evidence gathered throughout discovery.

Our goal is always to help you obtain compensation with as little stress as possible, and sometimes that means taking the case to trial when the insurance company refuses accountability.

How Long Do Injured Pedestrians Have to File a Claim in Illinois?

Illinois law imposes strict deadlines for filing pedestrian injury lawsuits. Below is a clear breakdown of the relevant statutes:

Illinois Statute of Limitations for Personal Injury

Under 735 ILCS 5/13-202, in most personal injury cases, including a pedestrian accident claim, adults have 2 years from the date the accident occurred to file a claim.

Statute of Limitations for Minors

For children injured in a pedestrian crash, the deadline is extended under 735 ILCS 5/13-211. The statute generally pauses (tolls) until the child turns 18, meaning they typically have 2 years after their 18th birthday to file a personal injury lawsuit.

Wrongful Death Act

If a pedestrian hit by a vehicle passes away, their family may file a wrongful death claim under 740 ILCS 180/. Most of these claims must be filed within 2 years of the date of death, though exceptions can apply depending on the circumstances.

Missing these deadlines can permanently prevent an injured pedestrian or family from recovering compensation, so we urge clients to contact a personal injury lawyer as soon as possible for legal guidance.

What Types of Financial Recovery Are Available in Pedestrian Accident Insurance Claims?

When we pursue a pedestrian injury claim, we evaluate every category of financial recovery available under Illinois law. Our goal is to ensure our clients understand the full scope of compensation they may be entitled to, not just immediate medical costs, but the long-term financial, physical, and emotional impact of the crash. You may be entitled to the following:

Economic Damages

These cover the direct financial impact of a pedestrian accident:

  • Medical bills and emergency treatment
  • Future treatment expenses
  • Surgery, rehabilitation, and physical therapy
  • Medical equipment
  • Prescription medications
  • Lost income
  • Reduced earning capacity
  • Property damage (phones, glasses, etc.)

Non-Economic Damages

These reflect the human toll of a pedestrian accident:

  • Pain and suffering
  • Emotional distress
  • Trauma from a traumatic brain injury
  • Loss of enjoyment of life
  • Scarring or disfigurement
  • Long-term disability
  • Impact on daily functioning

Punitive Damages

Punitive damages may apply when the at-fault party’s conduct is extremely reckless, such as intoxicated driving, drag racing, or deliberate violations of traffic laws. While not common in every pedestrian injury lawsuit, we evaluate whether they may apply in your case.

Together, these categories of damages help ensure your pedestrian accident claim reflects the full extent of what you’ve lost, what you’ve endured, and what you will need to move forward with safety, stability, and dignity.

What Is the Average Settlement for a Pedestrian Accident in Chicago?

Across Illinois and Cook County, the value of pedestrian accident settlements varies widely. Based on available data and prior case outcomes:

  • Value range: $5,000 to $20,000,000
  • Average settlement: $1,767,563
  • Median settlement: $225,000

These figures show how dramatically a personal injury case can differ depending on the severity of pedestrian injuries and the circumstances of the crash.

Factors That Influence Settlement Amounts

The following elements commonly impact pedestrian accident claims:

  • Severity of injuries (from minor injuries to serious injuries like spinal cord injury)
  • Length of medical treatment
  • Amount of medical treatment costs and lost income
  • Need for future care and rehabilitation
  • Disputed liability or clear driver negligence
  • Speed of the vehicle at impact
  • Location of the accident scene, including unmarked crosswalks
  • Witness statements and available video footage
  • Whether the at-fault driver was distracted, speeding, or ignoring traffic lights
  • Emotional distress and long-term impairment

Every pedestrian accident is unique, and settlement values vary accordingly.

Pedestrian Accident Settlements Recovered by Our Chicago Law Firm

We are proud of the results we have secured for our clients. Below are selected pedestrian accident settlements that reflect what our clients went through and how we fought for their recovery.

$3,200,000 Settlement — Blind Pedestrian Hit by a Garbage Truck

James, a visually impaired Chicago resident, was walking with his cane near a city intersection when a garbage truck driver made a sharp right turn without checking the crosswalk. James suffered multiple broken bones, a traumatic brain injury, and long-term balance issues. Because this pedestrian accident involved a municipal waste contractor, we had to overcome aggressive insurance company defenses and disputes over traffic laws.

Key factors influencing the settlement:

  • Clear evidence of driver negligence
  • Severe injuries requiring long-term therapy
  • Extensive immediate and future medical costs
  • Expert testimony from health care professionals about lifelong impairment

We fought through and ultimately secured a $3.2 million recovery that helped James regain financial stability.

$2,250,000 Settlement — Student Struck by a Company Van

Maria, a college student, was crossing a marked intersection near a CTA bus stop when a commercial van ran a red light. She was thrown onto the roadway, suffering various injuries including fractures, a spinal cord injury, and emotional trauma related to the traumatic nature of the crash.

Case value drivers included:

  • Video footage from a nearby business capturing the accident
  • Overwhelming proof of the at-fault party ignoring traffic signals
  • Significant lost wages during recovery
  • Permanent mobility challenges requiring future care

After intense negotiations, we secured a $2.25 million personal injury settlement for Maria.

$575,000 Settlement — Child Hit by a Car Backing Out of a Driveway

Evan, a young child, was walking with family in their Chicago neighborhood when a driver reversing out of their driveway failed to check behind the vehicle. Evan suffered a fractured leg and required surgery and months of rehabilitation.

Factors impacting the settlement included:

  • Strong liability evidence
  • The child’s long-term medical expenses
  • Projected impacts on mobility
  • Emotional trauma suffered by both Evan and his family

The insurance claim resolved for $575,000, helping his family cover care costs and move forward.

How We Can Help You Recover a Fair Settlement

As your pedestrian accident lawyer team, we handle every aspect of the legal process so you can focus on healing. Our law firm supports clients by:

  • Investigating the accident scene and documenting evidence
  • Working with medical professionals to understand the full extent of pedestrian injuries
  • Handling all communication with the insurance company
  • Uncovering driver negligence, distracted driving, and traffic signal violations
  • Filing a personal injury lawsuit when needed
  • Preparing your case for civil court
  • Negotiating relentlessly for a fair settlement
  • Helping you understand your own insurance policy, including uninsured motorist coverage
  • Guiding you through the discovery process
  • Protecting your rights from start to finish

We stand with you at every step. We believe in your case, and we’re committed to helping you recover compensation that supports your stability, medical care, and future well-being.

Book a Free Consultation

If you were injured in a car accident as a pedestrian in Chicago, we encourage you to reach out to us. Our Chicago motor vehicle crash attorneys are here to provide legal guidance, answer your questions, and help you file a pedestrian accident claim with confidence.

We handle these cases on a contingency fee basis, meaning you pay no upfront costs and no attorney fees unless we successfully recover compensation for you. Contact us today for a free consultation.

Client Reviews

After working with lawyers for several different issues, I was very pleased with the way that my car accident injury case was handled by the attorneys at Rosenfeld Injury Law. The team was professional and responded to my calls quickly whenver I would leave a message. When the case got settled, I...

Sheila M.

Even if you think you can handle a car crash case on your own, I would strongly suggest that you speak to an attorney at Rosenfeld Injury Lawyers. There are many subtle things that can impact the amount of money that you clear from the case. These people know it all and can steer you towards...

Maria S.

My teenage son was hit by a company truck in an intersection. At first, the insurance for the truck company tried to blame my son for the crash. The Rosenfeld team was able to secure video footage from a store nearby that showed otherwise. They literally made the case for us. Thank you.

Jermain S.

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