Illinois Pedestrian Accident FAQ's

Whenever a moving vehicle collides with the pedestrian, the results are often catastrophic. Injured pedestrians can face the myriad challenges and horrific life-altering hurt, ongoing medical expenses, and months or years out being out of the job while in recovery. Many horrifying pedestrian accidents end in a fatality. Survivors must often deal with insurance companies unwilling to provide adequate coverage to ensure the injured pedestrian receives the appropriate care the need for healing.

Our legal team has assembled a comprehensive list of the most frequently asked questions concerning pedestrian accident and posted the answers below. Many families use this information to make an informed decision on their legal options on how to proceed in filing a lawsuit or compensation case.

Pedestrians, like bicyclists, motorcyclists, drivers and truckers, all share the road in marked areas that provide them the right-of-way. However, pedestrian accidents tend to occur most in marked crosswalks, on sidewalks and when crossing intersections controlled by stop signs, yield signs and stop lights.

Unfortunately, yes. According to statistics, Illinois ranked tenth in a list of states involving pedestrian fatalities in 2015. According to the National Highway Traffic Safety Administration (NHTSA) “on average, a pedestrian is killed every two hours and injured every seven minutes in traffic crashes” nationwide. Also, “40% of all traffic fatalities and an estimated 3% of those injured in traffic crashes were pedestrians.”

The pedestrian injury attorneys at Rosenfeld Injury Lawyers have represented clients in dozens of pedestrian accidents in Illinois. Many of the cases we resolve are based on specific factors that include:

• Reversed Collisions – These pedestrian accidents occur in alleyways and parking lots when the motorist failed to see the pedestrian while driving their car or truck in reverse.


• Crosswalk or Intersectional Accident – These pedestrian accidents occur when the driver fails to use care when traveling at, toward, in or through a crosswalk, driveway or intersection


• Failing to Yield for Stopped Traffic – These collisions happen when a motorist fails to yield for a pedestrian at an intersection or in crosswalks.

Out of all the cases our law firm handles, there are specific injuries that pedestrians suffer from when involved in a collision with the motor vehicle. These injuries include:

• Broken Bones and Fractures including broken ribs, legs, arms and other fractures caused by an impact with a truck, car or motorcycle.


• Spinal Cord Injuries where the disc is ruptured, destroyed or moved out of place from the impact of the vehicle striking the pedestrian. Typically, these injuries result in severe pain and loss of muscle function.


• Traumatic Brain Injuries (TBIs) that happen when the car crashes into the pedestrian, leaving the victim with life-altering, severe brain injuries that affect hearing, vision hand behavior.

The National Highway Transportation Administration recommends that you “walk on the sidewalk or path whenever one is available.” If a path or walkway is not available, walk along the shoulder of the road while you face oncoming traffic from a distance of the road as far away as possible. Other recommendations include:

• “Be cautious night and day when sharing the road with vehicles. Never assume the driver sees you.”


• “Be predictable as a pedestrian. Cross streets at crosswalks or intersections whenever possible.”


• “Stay off the freeways, restricted-access highways, and other pedestrian-prohibited roadways.”


• “If a crosswalk or intersection is not available, locate a well-lit area, wait for a gap in the flow of traffic that allows you enough time to cross safely and continue to watch for [approaching] traffic as you cross.”


• “Avoid alcohol and drugs when walking; they impair your abilities and judgment too.”

As always, you must ensure your safety and well-being. Call 911 for emergency medical treatment even if you believe you are not harmed. You made not be aware of the severity of your injuries until after the adrenaline you are experiencing from the accident begins to wear off in the hours, days or weeks following the crash.

Once the police arrive, they will investigate the collision and fill out all the necessary documentation and paperwork to ensure that your legal rights are protected. If friends and companions are available, have them collect the contact information from any individual who witnessed the event

Receiving a diagnosis from a doctor now will not only protect your health but ensure you can obtain adequate financial compensation to cover the extent of your injuries as they present themselves during your healing process. While you may not have easily recognized injuries, you may have other injuries including internal organ damage, brain concussion, internal bleeding, hairline bone fractures, torn ligaments, or inflammation at your impact sites.

Your health must be your priority. Your doctor will provide you with instructions to ensure your healthy recovery, so return for every follow-up appointment. You should undergo every recommended procedure when appropriate and begin a documented journal of how you feel day to day throughout your healing process.

Even if you only feel a little sore from the accident, remember that your body was unprotected during the crash. Many of the symptoms associated with your “not so obvious” injuries may be delayed, meaning you could be unaware that you were injured until days or weeks later.

Whether you believe the other driver was entirely at fault, partially at fault or not at fault, we do not recommend that you speak with the insurance company before talking with an attorney who can protect your rights. Our law firm will gather the evidence, study the facts and review your medical records to ensure that the statement you provide is factually correct and precise. Let our team assist you in filling out all the required insurance claims forms and collision reports.

Likely, the insurance company will offer a quick settlement check to resolve your claim without considering the extent of your injuries and the cost of past and future treatment, surgery, hospitalization and medical care. We recommend you never give up your rights to receive the monetary recovery your family deserves.

If you do not have medical insurance to cover the cost of hospitalization, medical treatment, surgeries, care and medications, our attorneys can help. Our law firm will recommend numerous health care providers that are willing to accept your claim for compensation on a “lien basis.” This arrangement postpones, delays or defers payment for healthcare until we have successfully resolved your case through a negotiated settlement or a jury trial award.

If your health insurance is an HMO (Health Maintenance Organization), you may be required to see doctors who are on the HMO list and not those that could help you with your particular injuries. Our attorneys can review your insurance policy to determine if provisions permit you to choose to see your physician to ensure you receive the best care for damages caused by another's negligence.

If a motorist hit you while you were walking and then they fled the scene, you likely still have the right to seek financial compensation to recover your injury-related expenses and damages. The pedestrian accident attorneys at Rosenfeld Injury Lawyers have extensive experience in handling hit and run cases. Our law firm understands Illinois tort law and have access to much-needed resources including investigators and expert witnesses that can provide testimony to prove your case for compensation.

Determining the actual value of the case can be challenging. However, the pedestrian accident attorneys at Rosenfeld Injury Lawyers use of proven formulas and past negotiated settlements and jury trial awards to determine the value of a case. Your circumstances are unique, and so is the evidence, facts, and your injuries. That said, our attorneys will seek to recover all your damages including:

• Hospitalization costs


• Medical bills


• Out-of-pocket expenses


• Past wages lost due to time away from work to recover from your injuries


• The loss of future earnings due to your inability to work because of your temporary and permanent disabilities


• Other expenses, costs and bills associated with your injuries

As a surviving family member, you have the legal right to file a wrongful death lawsuit on behalf of your child to ensure your family is compensated monetarily for your losses. Under Illinois law, motorists are required to exercise more caution when operating their vehicle around young children. The courts believe that the driver should anticipate that children in the area could act impulsively or display unpredictable, erratic behavior. The law requires additional safeguards including posting warning signs, crosswalk signs and yield signs around school crossings, near playgrounds and other areas where children are commonly present.

An attorney working on your behalf can file a lawsuit against the driver and any other parties at fault for taking the life of your child. In addition to receiving monetary compensation to recover hospitalization, medical bills, non-tangible damages including pain, suffering, and grief, the family is also entitled to obtain recompense for funeral costs and burial expenses.

Our law firm provides every potential client a no-obligation, initial case consultation at no charge. Call our law offices today at (888) 424-5757 to schedule an appointment. Let our team of attorneys discuss your case, listen to your complaints, and provide numerous legal options on how to ensure your family receives the financial compensation they deserve.

The pedestrian accident injury attorneys at Rosenfeld Injury Lawyers LLC accept all cases using contingency fee agreements. This arrangement postpones payment of our legal services until after we have resolved your situation through a jury trial award or negotiated settlement.

We encourage you to contact our law offices to determine how long you have to file your case before the statute of limitations expires. We offer a “No-Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf, you owe us nothing for our legal services. All information you share with our law office remains confidential.