Chicago Pedestrian Accident Lawyer

Chicago is highly ranked for its beautiful architecture, plentiful green spaces, stunning waterfronts and other factors. For pedestrians walking in and around traffic, however, it is also known to be extremely dangerous, with a total of 24 pedestrian fatalities reported by Illinois Department of Transportation in 2024.

Hit by a motor vehicle in Chicago or the surrounding area? At Cooney & Conway, our experienced personal injury lawyers have a proven history of securing favorable outcomes for our clients. Our highly qualified legal team is deeply committed to holding at-fault parties accountable and recovering the compensation you need and deserve.

How Do I Know If I Have a Valid Pedestrian Accident Claim?

If you were hit by a car, SUV, or some other motor vehicle while walking, driving, jogging or otherwise on foot, you may have a valid claim.

In Illinois, like most states, pedestrian accident claims are the result of negligent, careless, or reckless behavior. Often the at-fault party is another driver.

Victims have the burden of proving a claim, which means simply saying a driver hit you as a pedestrian is not enough to prove negligence for a legal case. This is why hiring an attorney is often to your benefit.

At Cooney & Conway, to prove a driver was negligent and therefore responsible for your damages, we must establish the following legal elements existed:

The Driver Owed You a Duty of Care

Any driver who gets behind the wheel owes a duty of care to take reasonable measures to avoid causing others harm. This means remaining focused on the road, following speed limits, and obeying traffic signals. It also means not driving recklessly, distracted, or impaired.

The Duty of Care Owed to You Was Breached

Drivers can violate their legal duty of driving with reasonable care in many ways. A driver running a red light and hitting a pedestrian in a crosswalk is one example. Exceeding the speed limit, drinking and driving, or paying more attention to passengers than the road are just a few ways negligence can lead to a pedestrian crash.

There Is a Direct Link Between the Accident and Your Injuries

Your attorney must be able to establish that the negligence that led to a crash directly injured you. In other words, if the crash did not happen, you would not have been injured.

You Suffered Damages

In addition to establishing the driver was negligent, caused a crash, and injured you, your attorney must also be able to show damages occurred. Damages resulting from a pedestrian accident include, but are not limited to, medical costs, loss of income, property damage, and the pain and suffering you have endured.

Who May Be Liable for a Chicago Pedestrian Accident?

The negligent driver who hit you is likely the at-fault party. However, most injury claims are not straightforward, which simply means other contributing circumstances may impact liability for your claim.

Here are some examples where fault may be shared or unclear:

• The driver’s brakes failed, causing them to be unable to stop.
• Another driver rear-ended the car that hit you, pushing that vehicle into you.
• A defective auto part, such as the steering mechanism or brakes, led to the crash

Crash investigators will thoroughly assess the accident scene and all evidence to determine who was primarily at fault and whether any other parties shared liability for the accident.

Can Pedestrians Be Partially to Blame for an Accident With a Vehicle?

Drivers have a higher duty of care, but that does not mean a pedestrian can be blameless for being struck by a vehicle. Pedestrians have a legal duty to take precautions not to cause harm or take actions that could lead to a crash, such as:

• Darting into the street without checking for traffic.
• Texting while walking across the street, even if it is a crosswalk.
• Walking while intoxicated and unable to think or maneuver safely across the street.
• Wearing dark clothing at night, making it harder for drivers to see you.
• Stepping into the road from between cars without first checking for traffic.
• Jaywalking at any time, especially on dangerously busy streets.
• Beginning to walk at a crosswalk – with or without a green signal to go ahead – without first making sure all traffic has stopped.

Like drivers, you cannot control the behavior of others. You can only control your own behavior. This is why it is always good to “walk on the defensive” by paying attention to your surroundings and always making sure traffic has come to a complete stop before crossing.

What Compensation Can I Recover for a Pedestrian Accident in Illinois?

Like assessing fault, the amount of compensation you may be able to recover after being hit by a car is unique to the specific crash and injured victim. Pedestrians with minor injuries who heal quickly, for instance, may recover far less compensation than someone who sustained extensive harm and needed surgery.

Generally, the type of compensation you may be eligible to recover may include:

• Medical costs related to the accident, your injuries, and ongoing care to aid your recovery. This includes emergency transportation, diagnostic testing, surgery, and more.
• Prescription or over-the-counter medication to help with pain management or deter infections.
• Mobility assistive devices you may need, like crutches, a wheelchair, or prosthetics.
• Loss of income related to the crash, including loss of future earnings, if applicable.
• Disfigurement or scarring resulting from the crash and your injuries.
• Pain and suffering damages, such as emotional distress or post-traumatic disorder (PTSD).
• Loss of enjoyment and the impact this has on your daily quality of life.
• And more.

What If the Driver Who Ran Me Over Left the Scene of the Accident?

It is harder to prove liability for a pedestrian vs. motor vehicle crash case if the driver left the scene. However, it is not impossible.

Try to remain calm and capture any details of the car as it speeds away, especially the license plate and a description of the driver. If there is video footage of the incident, that is hard for insurance companies to dispute. However, your attorney must obtain it quickly to ensure it is not altered in any way.

At Cooney & Conway, we will review your legal options and potential sources of compensation to help you recover from your injuries.

What Evidence Do I Need to Prove the Driver Was at Fault?

Your attorney can help you to gather evidence, but you should seek legal help as soon after your crash as possible. Crash scene evidence gets cleared away quickly. Other evidence, like video footage from surveillance, traffic, or dashcams will be overwritten or destroyed if steps are not taken to preserve it.

Here are some types of evidence your attorney can help you to secure:

• Police report containing critical details about the accident.
• Medical records related to the accident and your injuries.
• Crash scene photos provided by investigators.
• Medical bills of your initial injuries and follow-up treatments.
• Credible witnesses who saw events leading up to the crash.
• Cell phone records, which may help to prove distracted driving.
• Social media posts of the driver, which may show whether drinking was involved.
• Any tickets the driver received from police at the crash scene.

How Soon Should I File a Pedestrian Accident Case in Illinois?

Injure pedestrians in Illinois generally have two years from the date of the injury to file a lawsuit. Two years may sound like a long time, but there are a lot of steps your attorney must take in order to build a compelling and robust case on your behalf. We strongly recommend seeking legal help as soon as your injuries are stabilized.

If you miss the filing deadline or try to file after that time, your case will likely be dismissed by the court, leaving you unable to recover any compensation for your damages.

What Are Common Causes of Driver Negligence in Pedestrian Crashes?

Pedestrian vs motor vehicle crashes come down to the negligent, careless, or reckless behavior of one more individuals.

Here are some common causes of pedestrian accidents today:

• Failure to Yield: Drivers speeding through intersections or on any street where pedestrians might enter or cross.
• Red Light Runners: Drivers either trying to beat a yellow light or fully ignoring red light traffic signals, even in designated crossing areas.
• Driving Under the Influence: Drivers impaired by alcohol, drugs, or other substances getting behind the wheel and engaging in reckless behavior.
• Driving While Distracted: Drivers texting and driving, taking selfies or videos, arguing with passengers, engaging in other behavior that takes their mind and their eyes off the road.      

How Illinois Insurance Companies May Try to Devalue Your Claim

With any personal injury, it is important to remember that the goal of the liable insurance company does not align with yours. Their goal is to pay as little as possible on your claim and protect their bottom line.

Insurance companies may utilize several tactics to try to minimize your claim, such as:

• Requesting a Recorded Statement: Telling you they need a recorded statement right away, knowing that you have the legal right to speak to an attorney first.
• Pushing You to Accept a Quick Settlement: Trying to convince you to accept a fast, but low settlement offer soon after the accident. This is often a mistake, because until you have finished all your treatment, you cannot possibly know the full value of your claim.
• Requiring Full Access to Your Medical Records: They do not have the right to full access to your medical records. Your attorney can protect your rights and best interests by ensuring they only get access to medical records that are relevant to your case.

At Cooney & Conway, we have the same goals as you do – to recover the maximum possible compensation to aid your recovery and help you move forward after your accident. Our seasoned legal team is prepared to fight to ensure you do not pay for damages caused by someone else’s negligence. If we do not win your case, we do not get paid.

Need Legal Help After a Pedestrian Accident in Chicago? Call Cooney & Conway Today

If you or someone you love was struck by a motor vehicle, we strongly encourage you to seek legal help right away. Your initial consultation is free and confidential, and there is no obligation to move forward with a claim. When we represent you, there are no upfront fees or other costs to pay. We take injury cases on contingency, so we do not get paid our fees unless we win your case.

At Cooney & Conway, we have a proven history of recovery compensation for injured victims. Our lawyers have extensive experience managing car crash cases, including those involving injured pedestrians.