Chicago Pedestrian Accident Lawyer

Recovering Compensation for Injured Pedestrians in Chicago

If you’ve been struck by a car while walking through the city, a Chicago pedestrian accident lawyer from Chicago Injury Center can ensure you receive maximum compensation from the negligent driver. With over 100 years of combined legal experience, we have secured millions in settlements and verdicts for injury victims throughout Cook County and Illinois. Contact us today for a free consultation about the legal process.

Pedestrian Accident Settlements & Verdicts Recovered by Our Law Firm in Chicago

$3,200,000: Sanjay, who is legally blind, was struck by a WM garbage truck making a right turn. We fought for higher compensation due to his disability, as his catastrophic injuries made it difficult for him to lead an independent life after the accident.

$2,800,000: Gary was walking along Western Avenue when a rideshare driver veered onto the sidewalk, causing significant injuries that required months of rehabilitation. We demonstrated the driver’s negligence and fought the rideshare company for a fair settlement.

$733,333: Mary was in a crosswalk accident on Diversey Avenue after a drunk driver ran through a red light. We recovered compensation for her broken bones, which required extensive physical therapy.

Why Choose Chicago Injury Center

Our Super Lawyers rated firm has secured over $450 million over the past 25 years, earning us a spot in the Million Dollar Advocates Forum. We are passionate about legal advocacy, including forcing municipalities to improve pedestrian safety by holding negligent motorists accountable. With a top-rated law firm at your side, you have a higher chance of securing the funds you need to recover in comfort.

Types of Pedestrian Accident Cases We Handle

Common types of collisions that our Chicago pedestrian accident attorneys can assist with include the following:

• Crosswalk pedestrian crashes
• Hit and run accidents
• Intersection collisions
• Distracted motorist incidents
• Drunk driving motor vehicle accidents
• Parking lot accidents
• Pedestrian fatalities
• Commercial traffic crashes

What Are the Most Common Causes of Pedestrian Accidents in Chicago?

Distracted Driving: According to the Illinois State Police, distracted motorists cause more than 1 million accidents per year in North America. Common causes of distraction include talking on the phone, checking text messages, adjusting music or temperature controls, and talking with passengers.

Speeding: The speed limit on Chicago terrestrial streets is 30 miles per hour (9-12-070), but many drivers choose to ignore this. Higher speeds reduce the time a motorist has to react to a pedestrian in the crosswalk.

Failure to Yield: In 2023, 180 accidents occurred at yield signs, and a further 109 happened where there was a pedestrian crossing sign.

Impaired Driving: There were 663 accidents involving alcohol throughout the city in 2023, and a further 107 occurred when the motorist had been drinking prior to the crash.

Poor Visibility: Fog, blinding snow, and heavy rain are problems throughout the city, especially near Lake Shore Drive. Driver negligence, like speeding, can make this problem worse.

Unsafe Crosswalks: Some of the most dangerous intersections in Chicago include North Michigan Avenue & Wacker Drive, Western Avenue & Ashland Avenue, and Stony Island Avenue & 79th Street. Milwaukee Avenue is notorious for cyclist and pedestrian deaths despite marked crosswalks and bike lanes.

Traffic Signal Violations: In 2023, 25,658 crashes involved reckless drivers ignoring traffic control signals, putting pedestrians at risk.

What Are the Most Common Pedestrian Accident Injuries?

Pedestrian accidents often involve more serious injuries than other traffic accidents because the victims do not have any protection. Injuries we often see in these personal injury cases include:

• Traumatic brain injuries and head injuries
• Spinal cord injuries
• Soft tissue injuries
• Internal injuries and organ damage
• Amputations
• Severe lacerations
• Fatal injuries

What Damages Can Pedestrian Accident Victims Recover in Chicago?

A Chicago pedestrian accident attorney from our firm will fight to recover compensation for both economic and non-economic damages. These can include:

• Medical bills
• Future medical expenses
• Lost wages
• Loss of earning capacity
• Rehabilitation expenses
• Emotional distress
• Physical pain and suffering
• Loss of normal life

If a pedestrian accident caused your loved one’s death, we can also recover funeral and burial expenses, grief, loss of companionship, and loss of financial support. Some cases, particularly involving reckless driving or drunk driving, may also be eligible for punitive damages that punish the driver.

What Is the Average Pedestrian Accident Payout in Chicago?

The average payout for a Chicago pedestrian accident case is $1,741,455. Payouts range between $5,000 and $20,000,000. Your payout will depend on factors such as injury severity, clarity of liability and evidence, comparative negligence, and insurance coverage.

Example Pedestrian Accident Cases in Cook County

Roe Ann Lockhart, 12, was at the intersection of Dixie Highway and 150th Street in Harvey when she was struck by a YMCA minivan. She suffered a devastating frontal lobe brain injury, leaving her permanently disabled. She requires a wheelchair and can only crawl, which has left scars on her hands and knees. The Cook County Circuit Court awarded her family $22,583,253.00.

Diane Schachner, 57, was walking toward the intersection of Fairbanks Court and Ontario Street in Chicago when she was hit by a Chicago Transit Authority bus. Schachner was fully alert while pinned under the bus for 30 minutes. Workers had to hoist the bus off her leg, which was crushed and degloved. She suffers from PTSD after the accident and is no longer able to engage in her favorite hobbies. The Chicago Transit Authority settled with her for $20,000,000.00.

Why You Need a Chicago Pedestrian Injury Attorney

These personal injury cases are challenging, as insurance companies often blame the victim, and multiple liable parties may be involved. A pedestrian accident lawyer from our firm must review crash reports, evaluate damages, negotiate with insurance adjusters, and clearly demonstrate negligence.

While many cases settle out of court, we may have to pursue a lawsuit in the Circuit Court of Cook County. Our attorneys are distinguished members of the Illinois Trial Lawyers Association, having successfully litigated hundreds of cases in Cook County and throughout Illinois. With our assistance, you can secure a fair settlement that covers your needs.

How Common Are Pedestrian Accidents in Chicago?

In 2023, 2,731 people were injured in pedestrian accidents in Chicago. 55 of these cases were fatal. The victims ranged in age from newborns to 94 years old. Of the victims, 26 were working in the roadway as part of their employment, ranging in age from 21 to 64.

Where Do Pedestrian Accidents Happen Most Often in Chicago?

Being the most populous city in Illinois, Chicago is full of dangers for pedestrians. Common locations of pedestrian accident injuries include:

• Busy downtown streets like Michigan Avenue and State Street.
• Crowded areas near attractions, like Lincoln Park Zoo and the Art Institute of Chicago.
• Near CTA bus stops, especially along corridors like Western Avenue and Roosevelt Avenue.
• Poorly lit residential crosswalks along Sheridan Avenue and Milwaukee Avenue.
• Near college campuses such as Loyola University, the University of Chicago, the Illinois Institute of Technology, and the University of Illinois-Chicago.
• Around middle schools and high schools, such as Richardson Middle School on Karlov Avenue or Amundsen High School on Damen Avenue.

What Laws Govern Pedestrian Accident Claims in Chicago?

Illinois drivers must follow the Illinois Vehicle Code and can be liable if they fail to adhere to these laws. Specifically, they must allow pedestrians the right of way in crosswalks (625 ILCS 5/11-1002) and exercise due care around pedestrians to avoid injury (625 ILCS 5/11-1003.1).

The Chicago Municipal Code clarifies these laws, noting that pedestrians have the right-of-way in crosswalks if there are no traffic signals or crossing guards (9-24-050). They also must yield right-of-way at sidewalk crossings when exiting from an alleyway (9-24-060).

In Illinois, a driver can be charged with a DUI if they are under the influence of any substance that prevents them from driving safely, even if it is a prescribed medication (625 ILCS 5/11-501). This law makes it easier to prove negligence on behalf of a driver in a pedestrian accident.

Pedestrians struck by a drunk driver may also be able to sue an establishment that served the motorist under dram shop laws (235 ILCS 5/6-21). Even two beers may be enough to make the establishment liable, as seen in the case Mohr v. Jilg.

How Long Do I Have to File a Pedestrian Accident Lawsuit in Chicago?

You must file a personal injury lawsuit within two years of the accident (735 ILCS 5/13-202). Wrongful death claims must be made within two years of the date of death (740 ILCS 180/2).

Who Is Legally Liable for Pedestrian Accidents in Chicago?

Our firm will thoroughly research your accident and determine who may have been responsible. This can include:

• Drivers
• Vehicle owners
• Rideshare companies
• Employers for commercial vehicles
• Municipalities for poor crosswalk design
• Third parties, such as road maintenance contractors

Common Defenses in Chicago Pedestrian Accident Cases

Insurance companies will use a variety of defenses to avoid paying for medical bills and lost wages. Our firm is highly familiar with these common tactics and will counter them using strong evidence. These are some of the most frequently used defenses, as well as how we can fight them.

Comparative Negligence: Illinois uses modified comparative negligence, meaning that everyone is assigned a portion of blame. You can only sue if you are less than 50% responsible, so insurers will attempt to blame you for everything. By partnering with accident reconstruction experts, taking witness testimony, and reviewing video footage of the scene, we can demonstrate that you were not primarily liable.

Sudden Emergency Doctrine: The emergency doctrine diminishes a person’s duty of care if they are facing an emergency, such as experiencing chest pains while driving. The insurer will use the defendant’s medical records or accident reports to argue that their client was in distress and could not stop. However, we can work with medical professionals to prove that the defendant was well enough to prevent the accident.

Lack of Notice: This defense is used for municipalities when a defective design in marked crosswalks, traffic signals, or other road features contributes to the accident. They can only be held liable if they had notice of the issue, such as prior accidents, complaints, or road surveys that identified the problem. As such, they will argue that they did not have notice of the problem. We can use prior incident reports, expert testimony from infrastructure professionals, and witness statements to demonstrate that the city should have known about the problem.

How to Strengthen Your Pedestrian Accident Case in Chicago

Prompt action is crucial when filing a personal injury claim, as you only have two years from the accident to file. Follow these steps as soon as possible.

• Take photos of the accident scene, including the location of the vehicle and nearby traffic signs.
• Seek medical attention from the closest emergency room and request copies of your medical reports.
• File a report with the Chicago Police Department and request a copy of the report.
• Gather contact information for anyone present at the scene.
• If you have your own vehicle, contact the insurance company to see if you can file a claim.
• Keep track of your expenses, including medical bills and time off work.
• Do not post about the accident on social media.
• Do not speak to third parties without your attorney present.
• Contact a Chicago pedestrian accident lawyer for a free case review.

How a Chicago Pedestrian Accident Lawyer Can Help

Our attorneys are firm advocates for pedestrian accident victims, ensuring they have the best chance at fair compensation. We will guide you through the entire claims process, speak to third parties on your behalf, and aggressively negotiate for maximum financial recovery.

To begin, we will thoroughly investigate the accident, including reconstructing the scene, reviewing police reports, and requesting surveillance footage from nearby homes or businesses. This will provide us with a full picture of how the accident occurred and who may be liable.

Under Illinois statutes, more than one party can share the blame (740 ILCS 100/2). We will identify all potentially liable parties, such as the negligent motorist, other drivers, and the City of Chicago. Our team will coordinate claims with all insurers and file the appropriate complaints with the Circuit Court of Cook County as necessary. We will also contract expert witnesses who can provide their impartial perspective on the accident.

Insurance companies will delay investigations, refuse to speak to victims, or use their own expert witnesses who will blame you for most of the accident. Thanks to our years of litigation experience, we will push them to follow the law and respond in a timely manner so that you have a better chance of having your claim approved.

Many cases settle out of court, but it is sometimes necessary to go to trial. We have tried hundreds of cases in court, making us highly familiar with how the Circuit Court of Cook County works. Our attorneys will present your story in front of a judge and jury so that you have a strong chance of success.

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With a 98% success rate across over 5,000 clients, we are the best pedestrian accident attorneys in Chicago, Cook County, and Illinois. We represent clients on a contingency fee basis, so you owe us nothing unless we successfully secure compensation. Contact us today for a free consultation about your legal rights after a pedestrian accident.