Car accidents can lead to catastrophic injuries for everyone involved. However, if you’re struck as a pedestrian, even a low-speed collision can have life-altering consequences for you.
At Power Rogers, we firmly believe that if you were not responsible for your accident, you shouldn’t be responsible for the financial fallout, nor should you have to navigate the devastating physical and psychological consequences alone.
If you have been injured in a pedestrian accident that wasn’t your fault, you may be able to recover compensation. Call Power Rogers to set up your free consultation with a Chicago pedestrian accident attorney today.
Why Should I Hire a Chicago Pedestrian Accident Attorney at Power Rogers?
Power Rogers is a nationally recognized civil trial law firm with a national reputation for securing record-setting results on behalf of victims and families. Our firm has recovered over $5 billion in verdicts and settlements for our clients—that’s $900 million more than our closest competitor since the year 2000, according to the Chicago Lawyer Annual Settlement Survey. We have also set and broken numerous records for the largest recoveries, including:
- The largest personal injury award to a single family in Illinois ($100 million)
- The largest medical malpractice verdict in Illinois history ($55.4 million)
- The largest bicycle accident recovery in Illinois history ($17.5 million)
We have also achieved numerous other multimillion-dollar victories for our clients:
- $39.9 million recovery over a fatal rear-end trucking collision in Lafayette, Indiana
- $38.25 million settlement for a truck accident victim who suffered a spinal cord fracture resulting in paralysis
- $33.4 million verdict for negligent security and failure to prevent the intentional homicide of two victims and injury to another by a disgruntled former client
- $17.5 million settlement for a bicycle accident victim struck by a negligent tractor-trailer driver—this is the largest bicycle accident recovery, settlement, or verdict, in Illinois history
- $9 million recovery for a minor struck by a train in Cook County, IL, resulting in brain injury and other serious injuries
If you were injured or your loved one was harmed or killed while walking, our Chicago pedestrian accident attorneys are available to discuss how we may be able to help. We offer FREE consultations and serve victims across Illinois and beyond.
How Common Are Pedestrian Accidents in Chicago?
According to the Chicago Department of Transportation (CDOT), people who walk in Chicago are 12 times more likely than people in vehicles to be injured or killed in a traffic crash.
In 2023, CDOT reported that approximately 29% of those killed in traffic accidents were pedestrians and 48% of those were hit by an SUV or larger vehicle. Some of the top causes of accidents included speeding, which was a factor in 68% of fatalities, and reckless driving—such as running red lights—which was a factor in 84% of fatal accidents.
Illinois Pedestrian Laws
625 Ill. Comp. Stat. § 5/11-1002 makes it clear that pedestrians have the right of way when using a crosswalk. In particular, Illinois law directs that:
Drivers Must Yield to Pedestrians in Crosswalks
If there is no traffic control signal at the crosswalk or if it isn’t working, any oncoming vehicle must come to a complete stop and allow the pedestrian to cross the street when they are on the same half of the road, or when the pedestrian is close enough to the driver’s half to be in danger if the driver continues to move.
Drivers May Not Pass at Crosswalks
Oncoming vehicles cannot overtake and pass a vehicle stopped at a crosswalk or unmarked crosswalk at an intersection to allow a pedestrian to cross.
Drivers Must Obey Stop Signs and Flashing Red Signals
Drivers must yield the right-of-way to pedestrians when there is a flashing red signal or stop sign in place at a marked crosswalk or intersection.
Who Is Liable in a Pedestrian Accident?
Victims and families who suffer losses in pedestrian accidents can bring personal injury or wrongful death lawsuits against the individuals and/or entities they allege to be at fault. While the facts of your case need to be investigated and analyzed to determine the proper parties to name as Defendants, Defendants are generally those whose negligence was a substantial cause of your injuries. Examples include:
- Negligent drivers who strike pedestrians in crosswalks or parking lots.
- Owners or employers of negligently-driven vehicles.
- Commercial truckers and trucking companies responsible for truck v. pedestrian crashes.
- Contractors, developers, or other parties on construction sites that create traffic and/or pedestrian hazards.
- Premises owners who fail to address unsafe property conditions on their land, including hazards that pose slip and fall risks.
- Other pedestrians or bicyclists who fail to safely share sidewalks and walkways.
In some cases, it may be possible for victims to recover damages from at-fault defendants who are strictly liable for injuries. In Illinois, strict liability is most common in personal injury cases involving defective products or dog bites. In strict liability cases, victims do not need to prove negligence; however, they do need to prove other essential elements of a claim.
How to Prove Negligence in Pedestrian Accident Cases
In order to win a pedestrian accident case and successfully secure compensation, your legal team must be able to prove that the other party was negligent. Here’s a look at how to do so.
Chicago Negligence Rules
While it’s up to your Illinois pedestrian accident injury lawyer to prove negligence, it can be helpful to understand how negligence is legally defined. To successfully argue your case, your lawyer must prove the following:
- The at-fault party had a duty of care toward you
- They breached that duty
- The breach of duty directly caused your injuries
- As a result of those injuries, you suffered damages
It’s easier to understand the elements of negligence when they are applied to a pedestrian accident.
The At-Fault Party Had a Duty of Care Toward You
A “duty of care” refers to an obligation to act in a way that will not harm others. For instance, drivers have a duty to obey traffic laws and yield to pedestrians.
They Breached That Duty
This simply means the at-fault party violated their obligation for a duty of care. If a driver goes straight through a crosswalk while you are crossing, they have breached their duty of care to you.
The Breach of Duty Directly Caused Your Injuries
In a pedestrian accident case, this element is usually very easy to prove. Using the example above, the driver’s going through the crosswalk caused the vehicle to hit you, which, in turn, caused your injuries.
As a Result of Those Injuries, You Suffered Damages
This means you have suffered legally-recognized losses as a result of your injuries. Legally-Recognized damages include the cost of medical care caused by the crash, lost earnings, pain, suffering, disfigurement, and emotional distress.
Gathering Evidence and Documentation
You and your lawyer might know the at-fault driver’s actions clearly constitute negligence, but a court (or an insurance company) isn’t just going to take your word for it. Your Illinois pedestrian accident lawyer will gather evidence to prove both the driver’s negligence and the extent of your injuries, including:
- The police report for your accident
- Witness statements
- Photos of your injuries and the accident scene
- CCTV footage of the accident
- Your medical bills
- Testimony from your doctors or medical experts
- Proof of your lost wages
Make sure you keep copies of all your medical bills and receipts for any accident-related expenses. This can make it much easier for your pedestrian accident attorney to gather the evidence they need.
Expert Testimony in Pedestrian Accidents
Expert testimony can be very helpful in pedestrian accidents, especially when it comes to proving the severity of your injuries. Insurance companies often downplay the significance of injuries in order to justify low settlement amounts.
With expert testimony, your lawyer will be able to prove your injuries are as serious as you say. If your case goes to trial, expert testimony is even more important. Medical experts can break down complex medical concepts in a way that jury members will understand.
How Long Do I Have to File a Pedestrian Accident Claim in Illinois?
In most cases, the statute of limitations in Illinois gives you two years from the date of your injury to file a pedestrian accident claim. However, there are several exceptions to this rule. It’s important to consult an Illinois pedestrian accident attorney as soon as possible to analyze the applicable statute of limitations period.
What Compensation Can I Receive in a Successful Pedestrian Accident Claim?
Pedestrians are more likely to suffer serious and fatal injuries in traffic crashes than motor vehicle occupants. When victims sustain spine injuries, brain injuries, broken bones, or other catastrophic damage, full compensation becomes all the more important.
At Power Rogers, we fight to help clients secure the compensation they need to pay for losses they’ve incurred up to the time a case is resolved and any losses they are likely to incur beyond the conclusion of their case due to permanent or long-term injuries.
From a legal perspective, “damages” refer to compensation for losses you’ve suffered, including:
- Economic Damages: Compensation for quantifiable losses like medical bills and lost income.
- Non-Economic Damages: Compensation for non-quantifiable losses like pain, suffering, and loss of quality of life.
Here are a few examples of losses you may recover economic damages for:
- Cost of immediate medical care
- Cost of ongoing medical care and rehabilitation
- Income lost while recovering
- Future income lost due to disability
These are some of the losses our Illinois pedestrian accident attorneys may help you recover non-economic damages for:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment or quality of life
- Disfigurement
In very limited circumstances, you may also recover “punitive damages,” or extra damages awarded to you to punish the at-fault driver. Usually, punitive damages only come into play if the driver was especially reckless or careless.
Chicago Pedestrian Accident Attorney: FAQs
These are some of the most common questions our clients ask us.
What Should I Do After a Pedestrian Accident?
Right after an accident, you should call 911 to summon police and medical personnel. Seeking medical attention and following your providers’ medical directions and follow-up is important.
If you can, take photos of the accident scene and gather witness contact information. Once you are medically stabilized, get a copy of the accident report and set up a consultation with a pedestrian accident attorney.
Can I Still File a Claim if I Was Partially at Fault for the Accident?
Yes. Illinois follows a modified comparative negligence standard. This means that as long as you are less than 50% at fault, you may recover compensation. However, your total compensation will be reduced by your percentage of fault.
What Are the Common Causes of Pedestrian Accidents?
According to CDOT, most traffic accidents are caused by drivers who speed or act in other reckless ways, such as ignoring traffic signals or driving the wrong way. Those driving larger vehicles like SUVs or vans are more likely to seriously injure or kill a pedestrian because they have a higher chance of striking vital organs and may even pull the victim under the vehicle.
What if the Driver Who Hit Me Fled the Scene?
Unfortunately, some drivers in pedestrian accidents will choose to commit a hit-and-run, meaning they flee the scene of the accident. Even if police cannot track down the driver, a pedestrian accident attorney may be able to help you obtain compensation from your own uninsured or underinsured motorist coverage.
What Types of Injuries Are Common in Pedestrian Accidents?
Pedestrian accident injuries are often extremely serious, if not catastrophic. Common injuries include traumatic brain injuries, paralysis, spinal cord injuries, internal injuries, lacerations, and broken bones.
Can I Sue the City of Chicago if Poor Road Design Caused My Accident?
In some cases, you may be able to sue the city for poor road design, poor road maintenance, or even the lack of pedestrian-friendly infrastructure. If you think the city may be responsible for your injuries, contact a pedestrian accident attorney. Chicago is challenging to sue, and your attorney can tell you if you have a viable case.
How Long Does It Take to Resolve a Pedestrian Accident Lawsuit?
The time it takes to resolve an accident depends on several factors, including case complexity and whether the case goes to court. Cases that involve minor injuries and settle out of court could be resolved in a matter of months, while those that go to trial may take years.
Did You Recently Suffer From a Pedestrian Accident? Contact Power Rogers to Learn How We Can Help
In the aftermath of a pedestrian accident, it’s easy to feel helpless. Between intense physical pain, piling medical bills, and being unable to work and enjoy the activities you once did, navigating daily life can feel like a struggle.
That’s where we come in. At Power Rogers, our Chicago pedestrian accident lawyers have a commitment to justice and to our clients—and that commitment is reflected in our results. If we take your case, you can count on us to fight for you.
Call us or fill out our contact form today. Consultations are free and confidential.
