Getting hit by a car turns everything upside down in an instant. One minute you’re crossing the street; the next you’re lying on the ground, hurt and totally clueless about what’s going to happen next. If you or someone you care about got hurt while walking in Chicago, you deserve honest answers from the right people–a team that deals with cases like this day in and day out. A good pedestrian accident lawyer in Chicago can help you make sense of your rights, protect your claim from getting thrown out, and ensure that the insurance companies don’t take advantage of you when you’re at your most vulnerable. Read on for this guide from the Chicago personal injury lawyers at Lerner and Rowe to learn more.
The Harsh Reality of Pedestrian Accidents in Chicago
Chicago is one of the most walkable cities in the country. Unfortunately, pedestrian fatality statistics in Chicago show that that also makes it one of the most hazardous places for pedestrians.
The majority of pedestrian crashes happen in high-traffic shopping districts that many Chicagoans cross every single day. Michigan Avenue, State Street and Clark Street show up over and over again as the worst hotspots in the city—areas where drivers are often distracted, turning is tricky, and there’s a high volume of people.
The pedestrian fatality figures for Chicago paint a pretty grim picture. In the past few years, dozens of people have lost their lives walking around Cook County, and hundreds more have seriously injured themselves.
These crashes aren’t just random events—most of them involve a driver who failed to give way, ran a red light, was too busy with their phone, or just wasn’t paying attention. Illinois law is very clear on who is at fault in such hit by a car in Chicago cases.
What Illinois Law Actually Says About Pedestrian Right-of-Way
Two main laws shape the rights of pedestrians in Illinois, and understanding them is important when it comes to fighting for your claim.
625 ILCS 5/11-1003: Pedestrian Rights in Crosswalks
Under pedestrian accident law 625 ILCS 5/11-1003, drivers have to respect pedestrians’ right of way in Illinois. And that includes both proper crosswalks with lines painted on them and unmarked crosswalks. The law also says that drivers approaching an intersection should slow right down or stop when they see another vehicle has stopped to let a pedestrian cross. If you pass that stopped vehicle and don’t give way, that’s a breach of Illinois law.
625 ILCS 5/11-1002: Duty of Care for Drivers Approaching Crosswalks
625 ILCS 5/11-1002 reiterates the responsibility that drivers have to watch for pedestrians. They must drive carefully to avoid hitting pedestrians on the road and give some sort of warning, by horn or otherwise, whenever it’s necessary. The statute makes it clear that drivers have to look out for pedestrians, even if they’re on the road but not in a marked crosswalk.
Between those two laws, one thing is crystal clear: drivers are the ones who bear the primary responsibility for keeping people safe on Illinois roads.
Modified Comparative Fault in Illinois: Why It Matters For Your Claim
Illinois uses a ‘modified’ version of comparative fault. The way that works is that the amount you can recover in compensation depends on the percentage of blame that’s assigned to each party. But there’s a catch: if you’re found to be more than 50% responsible for the incident, then you won’t be able to get anything.
If you’re found to be 50% or less at fault, on the other hand, you will still be able to get some compensation, but it will be reduced by the amount you’re found to be at fault. So let’s say your damages come out to $200,000, and you’re deemed to be 20% at fault. Then you’d end up with $160,000.
How Insurers Try to Use “Jaywalking” to Weaken Your Claim
Insurance adjusters are trained to look for any excuse to transfer some of the blame onto the pedestrian. And one of the most common ones is to say that they were jaywalking.
What they won’t tell you is that in Illinois, even if you did step out onto the road, you still have rights as a pedestrian. The law, 625 ILCS 5/11-1002, says that drivers have to be careful – not you.
That’s exactly why having a pedestrian accident lawyer in Chicago on your side is so essential. An experienced lawyer can push back and start digging into the driver’s behavior to see what really happened.
How a Pedestrian Accident Lawyer in Chicago Protects Evidence
The most valuable evidence in a crosswalk accident in Chicago case gets deleted fast. Dashcam footage, CCTV footage, and private business cameras on Michigan Avenue and State Street can all capture exactly what happened—but only if you can get that footage preserved before it’s deleted.
What’s a Preservation Letter?
A preservation letter is a formal letter that demands that a party keep specific evidence safe. In a pedestrian accident case, your lawyer should send a preservation letter right away—often within days of the accident—to:
- The City of Chicago / CDOT, asking them to save the CCTV footage near the crash location
- Private businesses nearby (hotels, shops, restaurants with cameras on the outside)
- Rideshare or delivery companies if their driver was involved—asking for dashcam or GPS data
- The other driver, asking them to keep any dashcam footage, phone records, or GPS data safe
In Chicago, city camera footage only gets saved for a month before it gets wiped. Every single day counts. Once that footage is gone, it’s gone for good.
If you get a pedestrian accident lawyer in Chicago who acts fast, they can often get their hands on that evidence that makes the difference between a disputed personal injury claim and an easy win.
What Compensation Can a Pedestrian Accident Lawyer in Chicago Recover?
No two cases are exactly alike, but a Chicago pedestrian injury claim may include compensation for things like:
- Medical expenses: emergency care, hospital bills, surgery, rehab, and long-term treatment to help you recover.
- Lost income: wages lost during your recovery and potential loss of future earnings if the injuries you suffered are going to have a lasting impact on your ability to earn a living.
- Pain and suffering: that’s a catch-all for the physical pain, emotional distress, and overall decline in quality of life that comes with being hurt in an accident.
- Property damage: if some of your personal belongings were damaged in the crash.
- Wrongful death damages: if a family member was killed in a pedestrian accident, the people they left behind may be able to pursue a wrongful death claim in Illinois.
Hit by a car in Chicago settlement values for cases vary a lot depending on the severity of the injuries, who you believe is at fault, and how well your Chicago pedestrian hit by a car attorney is able to clearly document and present your losses to the insurance company. Our team works with medical experts, economists, and anyone else we might need to help us build a strong case.
Why Jurisdiction Matters
If your crash happened in Cook County, whether that’s in Chicago proper, Evanston, Skokie, Oak Park, or just about anywhere else in the area, the way the case moves forward will be handled through the Law and Civil Divisions of the Circuit Court of Cook County. Each has their own procedures, customs, and judges with extensive experience in personal injury law.
Having a team that regularly works in Cook County, knows the local court system and judges, and understands how comparable pedestrian cases have wound up in this area is a real advantage.
Frequently Asked Questions
Q: What should you do right away after being hit by a car in Chicago?
Call 911 and get help, even if you feel okay. The rush of adrenaline can hide serious injuries. If you can, take a few minutes to snap some photos of the scene, the vehicle, your injuries, and any skid marks or other road conditions. Also collect the driver’s contact information and any witness names and numbers. Do not under any circumstances give a recorded statement to an insurance company before talking to an attorney. What you say early in the process can come back to haunt you later.
Q: Do I have a case if I wasn’t in a crosswalk when I was hit?
Maybe. Under Illinois law 625 ILCS 5/11-1002, drivers generally have to be careful for anyone on the road, not just people in designated crosswalks. If you were in the middle of the road when you got hit, your share of the blame might be higher, but Illinois law allows you to recover even if you were up to 50% at fault. An attorney can look at what the driver did or didn’t do to help you figure out whether you have a case.
Q: How long do I have to file a pedestrian accident in Cook County lawsuit?
Under Illinois law, you have two years from the date you got hurt to file a personal injury lawsuit (735 ILCS 5/13-202). But if a government entity is involved, like a CTA bus or a city-owned vehicle, the notice requirements might be shorter—sometimes as little as a year. Do not wait to see what happens. The longer you wait, the harder it will be to preserve evidence and build your case.
Q: How do I get city surveillance footage from the crash scene?
A preservation letter sent by your attorney to the City of Chicago and CDOT will do the trick. Just keep in mind that most city traffic camera footage gets deleted after 30 days, so you need to get this sorted ASAP. Business cameras can delete footage even sooner.
Q: How much does it cost to hire a pedestrian accident lawyer in Chicago?
At Lerner and Rowe, we deal with pedestrian accident cases on a contingency basis. You don’t pay a thing upfront and you don’t pay a fee unless we actually manage to recover for you. You can give us a call for a free case evaluation.
Speak to a Pedestrian Accident Lawyer in Chicago Now
If you were hit by a car in Chicago, you don’t have to go it alone. You’ve got the insurance adjusters trying to downplay your injuries, and then there are those disputes over who was in the right, to top it all off. Evidence that could get deleted, so don’t wait any longer.
Our Chicago pedestrian accident lawyers are familiar with the main areas where these types of crashes happen, we know the tricks insurers use to lowball you, and we know how to build a solid case that will give you a fair chance at getting a favorable settlement.
Give us a call at (708) 222-2222, fill out our contact form, or use LiveChat now for a free no-obligation chat about your case.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.