A pedestrian has no seatbelt, airbag, or vehicle frame to absorb the force of a crash, which is why even a relatively low-speed collision can cause serious injury. Our Illinois pedestrian accident lawyers can investigate what happened, assess the conduct of both the driver and pedestrian, identify available insurance coverage, and pursue compensation when another party is legally responsible. Crossing outside a marked crosswalk does not automatically bar a claim, but the location and manner of crossing can affect fault.
LeFante Law Offices, P.C. is a personal injury law firm founded in 2009, representing individuals and families throughout Illinois who have been injured as pedestrians. From offices in Peoria and Bloomington, the firm’s attorneys handle pedestrian accident claims across the state, guided by an approach that centers on full recovery, not just a settlement check: physical healing, financial stability, and the support to move forward.
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A pedestrian accident differs from a typical car accident in a basic physical sense: the injured person has nothing protecting them. In a pedestrian crash, the initial impact often strikes the legs and pelvis first, and the pedestrian may then be thrown onto the vehicle or the pavement, causing a second impact. That combination is part of why pedestrian accidents frequently involve multiple, serious injuries at once rather than a single, isolated one.
Fault can be a major issue in a pedestrian claim. An insurer may point to the pedestrian’s crossing location, traffic signal, visibility, attention, or movement into the road. The legal analysis must also address the driver’s speed, lookout, right-of-way duties, and opportunity to avoid the collision. Under Illinois’s modified comparative-negligence rule, damages are reduced by the pedestrian’s percentage of fault when that percentage is 50% or less. A pedestrian found more than 50% at fault cannot recover. That makes careful investigation of both parties’ conduct especially important.
Crossing outside a marked crosswalk does not automatically mean you have no claim. It does, however, affect the applicable right-of-way rules. Under 625 ILCS 5/11-1003(a), a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection generally must yield the right-of-way to vehicles on the roadway. Section 11-1003(c) also provides that, between adjacent intersections where traffic-control signals are operating, pedestrians may cross only in a marked crosswalk.
Drivers still have duties toward pedestrians. Under 625 ILCS 5/11-1003.1, every driver must exercise due care to avoid colliding with a pedestrian. The statute also requires proper precaution upon observing a child or an obviously confused, incapacitated, or intoxicated person.
These rules operate together. A pedestrian’s duty to yield does not automatically excuse a careless driver, and a driver’s general duty of care does not erase the pedestrian-crossing rules. Under 735 ILCS 5/2-1116, a pedestrian who is 50% or less at fault may still recover damages, reduced by that percentage. Recovery is barred only when the pedestrian is found more than 50% at fault.
In practice, this means an insurance company telling you that you were at fault because you were not in a crosswalk is not necessarily the last word on your claim.
Pedestrian accidents happen in a range of situations. LeFante Law Offices represents people who were:
Family members who have lost a loved one in a fatal pedestrian accident can also speak with the firm about a wrongful death claim.
Illinois does not always judge a child pedestrian’s conduct by the same standard applied to an adult. A child under seven years old is conclusively treated as incapable of contributory negligence (see Mort v. Walter, 98 Ill. 2d 391 (1983); Toney v. Mazariegos, 166 Ill. App. 3d 399 (1st Dist. 1988); and Illinois Pattern Jury Instruction Civil 11.03.)
The under-seven rule means a child cannot be assigned a percentage of comparative fault based on contributory negligence. It does not automatically make the driver liable. The child’s representative must still prove that the driver or another defendant breached a legal duty and that the breach caused the child’s injuries.
When an older child’s conduct can be considered, Illinois generally looks at what a reasonably careful child of the same age, mental capacity, and experience would have done under similar circumstances. The precise analysis can depend on the child’s age and activity. Illinois law also requires a driver to take proper precaution upon observing a child.
An insurer may investigate how the child entered the roadway, but it should not evaluate the claim as though the child automatically owed the same level of judgment and care as an adult. Speak with an attorney before accepting an insurer’s allocation of fault.
Pedestrian cases often turn on evidence from the few seconds before impact. Depending on the circumstances, the legal team at LeFante Law Offices may investigate:
Scene and roadway evidence. Photographs, measurements, lighting conditions, sightlines, traffic signs, crosswalk markings, and signal operation can help establish what each person could see and when.
Video and electronic evidence. Surveillance footage, dashcam or body-camera video, vehicle event data, and relevant phone records may help establish speed, distraction, movement, and timing when that evidence is available and legally obtainable.
Witness statements and police materials. A police report may identify witnesses, statements, measurements, or citations, but the report does not by itself determine civil liability. Independent witness interviews can clarify what happened before impact.
Driver and vehicle evidence. Ownership, insurance, employment, vehicle condition, impairment testing, and other records may identify additional responsible parties or sources of coverage.
Medical and financial evidence. Treatment records, medical opinions, employment records, and evidence of future care needs help document the injuries and resulting losses.
A driver’s statement that they never saw the pedestrian is not an automatic defense. The question may be whether a reasonably careful driver should have seen the pedestrian and had an opportunity to slow, stop, warn, or take other evasive action.
Because surveillance and electronic information can be overwritten, prompt preservation requests may be important. James P. LeFante’s background as a former insurance defense attorney means he anticipates how insurers approach evidence, including the risk that useful video and electronic data may be overwritten before it can be preserved.
The firm prepares every pedestrian accident case as though it may go to trial, an approach that can encourage insurance companies to negotiate more seriously from the start.
Injuries reported in pedestrian crashes can include:
If your injury involves a brain or spinal cord injury, our Illinois brain injury attorneys can walk you through what that means specifically for your claim.
Some steps after a pedestrian accident are the same as after any car accident, and you can find that general guidance on our Illinois car accident page: seek medical care right away, even if you feel fine, and make sure a police report is filed.
A few things matter, especially in a pedestrian case: Get the driver’s name, license plate, and insurance information if you can do so safely. Obtain contact information from witnesses before they leave. If possible, photograph the vehicle, roadway, traffic signals, crosswalk markings, lighting conditions, injuries, and damaged belongings. Preserve the clothing, shoes, phone, and other items involved rather than repairing, washing, or discarding them. Do not delay urgent medical care to collect evidence.
Be cautious about giving a recorded statement to the driver’s insurer before you understand why it is being requested and how it may affect the fault analysis.
A pedestrian accident may involve several insurance policies and potentially responsible parties.
The driver’s liability coverage. If the driver or another insured party is legally responsible, liability insurance may pay covered damages up to the applicable policy limits. Depending on the facts, the vehicle’s owner, the driver’s employer, or another party may also be relevant, but ownership alone does not automatically establish liability.
Uninsured motorist coverage. Illinois law requires automobile policies to provide uninsured motorist coverage for persons insured under the policy. In Galarza v. Direct Auto Insurance Co., 2023 IL 129031, the Illinois Supreme Court held that an insurer could not deny UM coverage to someone who qualified as an insured solely because that person was not occupying an insured automobile. The case involved a child riding a bicycle who qualified as an insured relative under his father’s policy.
The decision does not mean every pedestrian is automatically covered by every automobile policy. The pedestrian must qualify as an insured under the policy, and the claim remains subject to other valid coverage requirements. Your own policy and policies issued to members of your household should be reviewed after an uninsured or hit-and-run collision.
Underinsured motorist coverage. UIM coverage is governed separately by 215 ILCS 5/143a-2. It may apply when the liability limits available from the at-fault vehicle are lower than the injured person’s applicable UIM limits. Availability and the amount payable depend on the policy, the claimant’s insured status, applicable limits, and amounts recovered from the responsible parties. Review the policy before settling the liability claim because notice and insurer-protection requirements may affect UIM coverage.
Medical payments coverage and health insurance. Medical-payments coverage may help with medical bills if it is included in an applicable policy. Health insurance may also pay treatment costs, although an insurer, government program, or medical provider may assert reimbursement or lien rights against a recovery.
If a public transit vehicle, government-owned vehicle, or school bus was involved, identifying the owner and operator is critical. Public entities, transit agencies, school districts, and private contractors can be governed by different deadlines and procedures.
Our Illinois bus accident attorneys cover those rules in more detail.
If another party is legally responsible for the collision, compensatory damages may include:
Punitive damages are different from compensatory damages. They are intended to punish and deter particularly wrongful conduct, not to reimburse the injured person for a specific loss. They may be available in an unusual case supported by evidence of willful and wanton misconduct or a conscious disregard for the safety of others. Intoxication or excessive speed may be relevant, but neither automatically establishes a right to punitive damages.
Under 735 ILCS 5/2-604.1, punitive damages generally cannot be requested in the initial complaint in a bodily-injury negligence action. The plaintiff must seek permission to amend the complaint and establish a reasonable likelihood of proving facts sufficient to support a punitive award.
When a pedestrian collision is fatal, Illinois wrongful death and survival law governs the proper claimant and available damages, which should be evaluated separately. Past results do not guarantee a similar outcome, and the value of any claim depends on its particular facts.
Several factors typically shape what a pedestrian accident claim is worth.
How fault is divided. The stronger the evidence that the driver, not the pedestrian, was primarily responsible, the more that generally supports the value of a claim.
The severity of your injuries. More serious injuries that require extended treatment, surgery, or long-term care generally increase the value of a claim.
The pedestrian’s age and the applicable fault standard. Illinois law treats contributory fault differently for very young children and generally evaluates other minors according to a standard that accounts for age, mental capacity, and experience. That can affect the liability analysis, but it does not determine damages on its own.
Available insurance and collectible assets. Policy limits can affect the amount that is practically recoverable, but they do not define the injured person’s total damages or the responsible party’s legal liability. Identify all potentially responsible parties and applicable policies before assessing recoverability.
Pedestrian accidents involve their own questions about fault and evidence, but they are one part of a much broader car accident practice at LeFante Law Offices. If your accident did not involve being struck as a pedestrian, the firm’s Illinois car accident attorneys can still help. The same approach applies across all types of Illinois car accident claims: building the strongest possible case on fault and identifying every source of compensation.
Former Insurance Defense Experience. Founding attorney James P. LeFante spent years representing insurance companies before switching sides to represent injured people. That experience shapes how the firm responds when an insurer argues that a pedestrian was at fault.
Experience Addressing Pedestrian Fault Disputes. The firm gathers the evidence needed to push back on an insurance company’s account of what happened, rather than accepting it at face value.
Contingency-Fee Representation. No attorney fee is due upfront. The firm earns an attorney fee only if it recovers compensation for you. The written fee agreement establishes the percentage and explains how case expenses are handled.
Post-Settlement Advocacy. The firm’s work does not stop once a settlement or verdict is reached. LeFante Law Offices also negotiates with medical providers to help reduce outstanding bills and liens, so clients keep more of what they recover.
LeFante Law Offices has recovered tens of millions of dollars for injured clients throughout Illinois, with 135+ five-star Google reviews from past clients. Past results do not guarantee a similar outcome in any future case.
Distracted drivers are a leading cause of crashes involving pedestrians.
An impaired driver’s slowed reaction time puts pedestrians at particular risk.
Some drivers who strike a pedestrian leave the scene instead of stopping.
If an insurance company says you were at fault, that position does not decide legal responsibility. Illinois law requires a fact-specific review of both the pedestrian’s and driver’s conduct. Prompt investigation can also help preserve video, witness accounts, and other evidence before it is lost.
When you call, it helps to have a few things ready: photos from the scene, your medical records, the police report if you have it, and any correspondence you have received from an insurance company. Our attorneys will review your case, explain your options, and help you understand what to expect.
Call LeFante Law Offices, P.C. today at (309) 999-1111, or request your free case review online, to talk with an attorney about what happened. There is no fee unless we win.
LeFante Law Offices, P.C. – Peoria 456 Fulton Street, Suite 410, Peoria, IL 61602 (309) 999-1111
LeFante Law Offices, P.C. – Bloomington 121 N Main St, Suite 210, Bloomington, IL 61701 (309) 869-8309
Not automatically. Under 625 ILCS 5/11-1003, a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to roadway traffic, and certain mid-block crossings are prohibited. Drivers nevertheless retain a duty under 625 ILCS 5/11-1003.1 to exercise due care to avoid colliding with pedestrians. Under Illinois comparative-negligence law, crossing location can affect the percentage of fault without necessarily eliminating the claim.
That is not automatically a defense, but it does not by itself prove the driver was negligent either. The issue is whether a reasonably careful driver should have seen the pedestrian and had sufficient time and distance to react. Lighting, sightlines, speed, video, witness accounts, and the pedestrian’s movement can all affect that analysis.
You may still have options. Hit-and-run drivers can sometimes be identified through witness accounts, nearby surveillance footage, or police investigation. If the driver is never identified, your own uninsured motorist coverage may apply under 215 ILCS 5/143a.
Possibly. In Galarza v. Direct Auto Insurance Co., 2023 IL 129031, the Illinois Supreme Court held that an insurer could not deny UM coverage to a person who qualified as an insured solely because that person was not occupying the insured automobile. The case does not make every pedestrian automatically covered. Your insured status, the applicable policy language, whether the driver was uninsured or underinsured, and the circumstances of the collision must all be reviewed.
A child under seven is incapable of contributory negligence under Illinois law, so the child cannot be assigned a comparative-fault percentage on that basis. When another child’s conduct can be considered, the applicable standard generally accounts for the child’s age, mental capacity, and experience. Drivers must also take proper precautions when they see a child. These rules do not automatically establish driver liability; you must still prove negligence and causation.
You can generally still recover compensation. Under Illinois’s modified comparative negligence rule (735 ILCS 5/2-1116), as long as you are not found more than fifty percent at fault, you can still pursue a claim, though your compensation may be reduced by your share of fault.
Most private-party personal injury lawsuits must be filed within two years after the claim accrues under 735 ILCS 5/13-202. That rule is not universal. One-year deadlines can apply to claims against local government entities, employees, or certain transit agencies. A minor’s own claim may be subject to tolling under 735 ILCS 5/13-211, but a parent’s separate claim and claims involving special defendants can have different deadlines. Identify every potentially responsible party promptly rather than assuming the general two-year period applies.
You pay nothing upfront. LeFante Law Offices works on a contingency fee basis. You pay no attorney’s fee unless we recover compensation for you. Clients may be responsible for case costs and expenses; the written fee agreement explains how we handle them.
