Chicago Pedestrian Accident Lawyer
A person on foot has nothing between them and a vehicle. Pedestrian crashes produce catastrophic injuries at speeds a driver would walk away from, and the claims are frequently complicated by a driver who leaves the scene or a city agency whose signal timing or crossing design contributed.
Illinois Gives Pedestrians the Right of Way — Explicitly
Under 625 ILCS 5/11-1002, where traffic signals are not in place or not operating, a driver shall stop and yield the right-of-way to a pedestrian crossing within a crosswalk when the pedestrian is on the driver’s half of the roadway, or approaching closely enough from the other half to be in danger. The statute goes further: where a vehicle has stopped at a crosswalk to let someone cross, a driver approaching from behind may not overtake and pass it. That second rule is the one that produces the most severe injuries, because the pedestrian is invisible to the passing driver until the moment of impact.
Note that the duty applies at unmarked crosswalks at intersections, not only at painted ones. Illinois pedestrian protection laws · Crosswalk claims in Chicago.
Being Outside a Crosswalk Does Not End Your Claim
Insurers treat mid-block crossing as though it settles the question. It does not. Illinois applies comparative fault: a pedestrian who was partly at fault still recovers, reduced by their percentage, unless they are found more than 50% responsible (735 ILCS 5/2-1116). Drivers retain a duty to keep a proper lookout and to exercise due care, and speed, distraction and visibility all remain in issue. Who is at fault in a Chicago pedestrian crash.
When the Driver Leaves, or the Defendant Is the City
If the driver fled, your own uninsured motorist coverage is usually the route to recovery — it applies to a hit-and-run even though you were on foot. Hit and run victim rights.
If a City vehicle, a CTA bus or a dangerous crossing design contributed, the deadline is one year to file suit under 745 ILCS 10/8-101, not two. There is no pre-suit notice step — that provision was repealed in 1986 — so nothing short of filing preserves the claim. Claims against government vehicles and bodies.
Deadlines
| Who you are claiming against | Deadline to file suit | Authority |
|---|---|---|
| Another private driver | Two years from the crash | 735 ILCS 5/13-202 |
| Vehicle damage only | Five years | 735 ILCS 5/13-205 |
| A city, county, the CTA or other local public body | One year from the crash | 745 ILCS 10/8-101 |
| The State of Illinois (IDOT and state agencies) | Two years, in the Court of Claims | 705 ILCS 505/22 |
| A wrongful death claim | Two years from the date of death | 740 ILCS 180/2 |
| An injured child | Generally two years after their 18th birthday | 735 ILCS 5/13-211 |
Talk to Us Before You Talk to the Insurance Company
The consultation is free, there is no obligation, and there is no attorney’s fee unless we recover for you. We will explain how case costs are handled before you sign anything.
Call (312) 346-4262 or send us the details below.
Phillips Law Offices
161 N Clark St, Suite 4925, Chicago, IL 60601
(312) 346-4262
Attorney advertising. Prior results do not guarantee or predict a similar outcome; every case is decided on its own facts. This page is general information about Illinois law, not legal advice, and reading it or contacting us does not create an attorney-client relationship — that relationship is formed only by a signed written agreement. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.