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Pedestrian Accident Lawyer Chicago, IL
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A driver who fails to stop at a crosswalk on Ashland Avenue, Western Avenue, or Halsted Street can leave a person on foot with broken bones, a head injury, or worse. Pedestrians have no bumper, airbag, or seat belt, so even a low-speed impact can change a life. A pedestrian accident lawyer in Chicago, IL can explain the Illinois right-of-way rules, gather evidence, and pursue compensation from the driver and insurers responsible. Jacobson Injury Firm represents people hit by vehicles throughout Chicago. Contact the firm for a free consultation.
How Pedestrian Accident Claims Work in Illinois
Illinois is an at-fault state. The driver who caused the crash, and that driver’s liability insurer, is responsible for the harm. According to the Illinois Department of Insurance, Illinois law (625 ILCS 5/7-203) requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage.
Several sections of the Illinois Vehicle Code shape who had the right-of-way:
- Under 625 ILCS 5/11-1002, when traffic signals are not in place or not working, a driver must stop and yield to a pedestrian crossing the road within a crosswalk. A driver also may not pass another vehicle that has stopped for a pedestrian at a crosswalk.
- Due care.625 ILCS 5/11-1003.1 requires every driver to use due care to avoid hitting a pedestrian, and to take extra care around children and people who appear confused or incapacitated.
- Pedestrian duties.The same crosswalk statute bars a pedestrian from suddenly stepping off a curb into the path of a vehicle that is too close to stop. A person crossing outside a marked crosswalk, or outside a crosswalk at an intersection, must yield to vehicles.
These rules help show who was careless. In legal terms, the injured person must usually prove negligence, which means the driver failed to use the care a reasonable driver would have used.
Where Pedestrian Accidents Happen in Chicago
Chicago Police crash reports published on the City of Chicago data portal list 3,345 pedestrians involved in traffic crashes in 2024. Police recorded 451 of them as having incapacitating injuries, the most serious category short of death.
The city’s crash data for 2024 shows the most pedestrian crashes on long arterial streets that cross many neighborhoods:
- Ashland Avenue:91 pedestrian crashes
- Pulaski Road:88 pedestrian crashes
- Western Avenue:71 pedestrian crashes
- Halsted Street:70 pedestrian crashes
- Cicero Avenue:58 pedestrian crashes
The Chicago Department of Transportation (CDOT) reports that 42% of pedestrian deaths in Chicago in 2024 involved hit-and-run drivers, and that one quarter of all traffic deaths that year involved a driver running a red light or a stop sign. Both figures are based on Illinois Department of Transportation crash data for 2024.
Common Causes of Pedestrian Accidents in Chicago
Jacobson Injury Firm handles pedestrian injury claims involving:
- Drivers who fail to stop for people in crosswalks
- Turning vehicles that strike pedestrians crossing with the walk signal
- Drivers who run red lights or stop signs
- Speeding on wide arterial streets
- Hit-and-run driverswho leave the scene
- Distracted drivers looking at phones or screens
- Vehicles backing out of alleys, driveways, and parking garages
- Buses, delivery trucks, and rideshare vehicles pulling to the curb
What Compensation Can an Injured Pedestrian Recover?
A pedestrian accident lawyer in Chicago, IL can pursue compensation from the at-fault driver and any other responsible party for:
- Emergency care, surgery, and future medical treatment
- Lost wages and reduced earning capacity
- Rehabilitation and physical therapy
- Mobility aids and home modifications
- Pain and suffering
- Emotional distress and loss of enjoyment of life
The value of a claim depends on the severity of the injuries, the insurance available, and the evidence of fault. Pedestrian injuries such as fractures, spinal injuries, and concussions can require months of care, and some symptoms may appear only later. The firm’s article on how car accidents can affect health long after the crash explains why.
What If the Pedestrian Was Partly at Fault?
Illinois follows a modified comparative fault rule. Under 735 ILCS 5/2-1116, a person whose own fault is more than 50% of the cause of the injury cannot recover damages.
A person who is 50% at fault or less can still recover, but the award is reduced by their share of fault. For example, a pedestrian found 20% responsible with $100,000 in damages could recover $80,000. Insurers often argue that a pedestrian crossed mid-block, wore dark clothing, or was looking at a phone.
Witness statements, video, and the crash scene itself can answer those arguments. The firm’s guide on how strong a personal injury case is covers the factors that matter.
What Should You Do After a Pedestrian Accident in Chicago?
If it is safe to do so, an injured pedestrian, or someone helping them, should:
- Call 911.Chicago Police respond to crashes on city streets, and the police report becomes key evidence.
- Get medical care right away.The emergency department at Northwestern Memorial Hospital is certified as a Level I trauma center, as are UChicago Medicine and Stroger Hospital of Cook County. Prompt treatment also creates a record linking the injuries to the crash.
- Document the scene.Photograph the crosswalk, traffic signals, the vehicle, and visible injuries. Note any businesses or buildings with cameras, since footage can be erased quickly.
- Collect witness information.Names and phone numbers of people who saw the crash can be hard to find later.
- Request the crash report.Reports can be obtained through the Chicago Police Department’s traffic crash reports
- Avoid recorded statements.The driver’s insurer may call early. Speaking with an attorney first can help protect the claim.
How Long Do You Have to File a Pedestrian Accident Claim in Illinois?
Under 735 ILCS 5/13-202, most personal injury lawsuits must be filed within two years after the injury.
Shorter deadlines apply when a public body is involved. Under the Local Governmental and Governmental Employees Tort Immunity Act, a lawsuit against a local government, such as the City of Chicago, generally must be filed within one year. For a person injured by a CTA bus, 70 ILCS 3605/41 requires a written notice to the Chicago Transit Authority within six months and a lawsuit within one year. Missing the notice can end the claim.
No Fee Unless We Win
Jacobson Injury Firm handles pedestrian accident cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.
The firm represents injured people only, never insurance companies. Clients work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut. He prepares each case as if it may go to trial.
Frequently Asked Questions
Does a pedestrian always have the right-of-way in Illinois?
No. Drivers must stop and yield to pedestrians in crosswalks where there is no working signal, and must use due care at all times. But a pedestrian who crosses outside a crosswalk must yield to vehicles, and no one may step suddenly into the path of a car that cannot stop. Even then, a driver who could have avoided the pedestrian may still share the blame.
Who pays if the driver drove away?
Uninsured motorist coverage may help. The Illinois Department of Insurance explains that this coverage pays for bodily injury caused by a hit-and-run driver or an at-fault driver with no liability insurance. Illinois requires it in auto liability policies under 215 ILCS 5/143a.
What if a CTA bus hit me?
A claim against the CTA has strict rules, including written notice within six months of the injury. A lawyer can prepare and file the notice and the lawsuit on time.
How long does a pedestrian accident case take?
Many claims settle within several months to a year, depending on the length of medical treatment and how insurers respond. Cases that go to litigation can take longer.
How much does a pedestrian accident lawyer cost?
Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.
Contact a Pedestrian Accident Lawyer in Chicago, IL
Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. An injured pedestrian should be able to focus on recovery, not on insurance adjusters and deadlines. A pedestrian accident lawyer in Chicago, IL can review the crash, explain the options under Illinois law, and pursue full compensation. Contact Jacobson Injury Firm today to schedule a free consultation.