Pedestrian Accidents in Illinois: What Injured Pedestrians Should Know

Pedestrian accidents remain a serious problem in Illinois and across the nation. In 2024, Illinois saw 219 pedestrian fatalities, a nearly 10% increase from the previous year. Pedestrians are among the most vulnerable road users, so it’s critical to understand the laws that protect them, how fault is determined, and what to do if you’re injured as a pedestrian.

Pedestrian Right-of-Way Laws in Illinois

Illinois law grants pedestrians the right of way at marked and unmarked crosswalks. Drivers must stop and yield to pedestrians when they are in or approaching the crosswalk. However, pedestrians also have responsibilities. If you cross outside a crosswalk or against a signal, you are required to yield to vehicles. Additionally, pedestrians ought not suddenly leave a curb and walk or run into the path of a moving vehicle.

Comparative Negligence in Illinois

Illinois follows a modified comparative negligence rule. This means that if you are found to be less than 50% at fault for the accident, you can still recover compensation, reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover damages. This legal framework makes it especially important to document precisely what happened at the scene.

Common Causes of Pedestrian Accidents

• Distracted driving (e.g., texting, eating, adjusting GPS)
• Failure to yield at crosswalks
• Speeding in urban or school zones
• Driving under the influence
• Backing up without checking surroundings

While drivers are often at fault, pedestrians also need to be aware of risks like jaywalking or crossing while distracted by a phone.

What to Do After a Pedestrian Accident

1. Call 911 and get a police report.
2. Seek medical attention even if injuries seem minor.
3. Gather evidence (photos, driver/witness info, traffic conditions).
4. Avoid admitting fault and do not speak to insurance companies without legal advice.
5. Consult a personal injury attorney to understand your rights and options.

Potential Compensation

Pedestrian accident victims may recover:

• Medical bills
• Lost wages
• Pain and suffering
• Permanent disability or disfigurement
• Property damage

There are no caps on damages in Illinois pedestrian cases, but your total recovery may be reduced if you were partially at fault.

Don’t Wait, There’s a Deadline

In Illinois, the statute of limitations for filing a personal injury lawsuit is generally 2 years from the date of the accident. Property damage claims may have longer deadlines, but it’s always best to act quickly while evidence is still fresh.