Chicago Pedestrian Accident Attorneys Serving the Injured

Given the severity of most pedestrian accidents, you understandably want an accident lawyer who has experience with high-stakes injury cases. On numerous occasions our attorneys have secured seven-figure recoveries for injured pedestrians. One of our recent settlements involved a $3,000,000.00 recovery for a disabled man struck by a turning garbage truck.

When you are ready to hold a driver responsible for an Illinois pedestrian accident, contact our accident law firm for a free case evaluation. You will speak to an experienced pedestrian accident attorney who will only get paid when your case is resolved. While we are headquartered in Chicago, our office serves all of Illinois in pedestrian injury and fatality lawsuits.

The Center for Disease Control (CDC) reports that more than 150,000 pedestrian were treated in emergency rooms for injuries in 2013. During the same year 4,735 people were killed in incidents involving vehicles.

On a localized level, the Illinois Department of Transportation reports that 4,323 people were injured and 126 were killed across Illinois in pedestrian accidents during the course of 2014. The most recent statistics related to Chicago, show that 46 pedestrians were fatally injured in 2015—an increase of 31% from the preceding year.

In a study conducted by the Division of Trauma in Los Angeles CA, over 5,800 pedestrian accidents were reviewed. The most common type of severe injury to pedestrians was head injuries, followed by injuries to the chest, abdomen and then extremities. The study linked both vehicle speed and age of the pedestrian to the severity of the injury and the survival outcome.

• 20 MPH, the chance of fatality is 5%
• 30 MPH, that chance of death increases to 45%
• 40 MPH, the chance of fatal injuries skyrockets to 85%

Due to the mechanism of automobile accidents involving pedestrians, we tend to see some of the most severe injuries, ones that frequently result in life-long disability. Among the injuries commonly incurred by pedestrians involved in motor vehicle accidents include:

• Fractures
• Brain injuries
• Degloving injuries
• Injuries to internal organs
• Joint injuries
• Paralysis
• Fatalities

The majority of pedestrian accidents happen in urban areas, like Chicago. In fact, the National Safety Council estimates that 85.7% of non-fatal pedestrian accidents happen in these areas.

In a study released by the Chicago Department of Transportation in 2011, the following types of driver behavior were behind a substantial number of incidents involving pedestrian injury within the city limits.

• Drivers failing to yield: 48% of these accidents were attributed to drivers not yielding. This was the highest ranked cause of pedestrian accidents in Chicago.
• Hit & run collisions: 33% of all the accidents studied were hit and run. These also made up 40% of the fatal pedestrian accidents - double the national average. There was an average of two hit and run pedestrian accidents per day over a 5-year period in Chicago.
• Turning vehicles: Over 50% of the accidents involved a turning vehicle. Turning left, versus right, accounted for over double the turning accidents.

As attorneys who regularly prosecute pedestrian injury and fatality cases, we see an increase in cases involving: distracted drivers and alcohol-impaired drivers.

In 2010, Illinois passed a new law to further protect people when they cross the street. The law forces drivers to stop for pedestrians in the following situations:

• When a pedestrian is in a marked crosswalk.
• On school days, when children are in close proximity to a school zone crosswalk.

The law requires drivers to yield to a pedestrian in the following situations:

• When a pedestrian is in an unmarked crosswalk or on the driver’s side of the roadway and there are no traffic control signals.
• When making a turn at any intersection.
• When making a lawful turn on a red light after coming to a complete stop.
• After coming to a complete stop at a stop sign or flashing red signal at an intersection.
• When a pedestrian enters a crosswalk before the traffic light has changed.
• When a pedestrian is walking with a green light, to a walking person symbol or a walk signal.
• When a pedestrian is leaving or entering a street or highway from an alley, building, private road or driveway.
• When a pedestrian is entering an intersection with a flashing yellow arrow.

In addition to the above, Illinois has an entire section of the Vehicle Code (625 ILCS 5/Ch. 11) dedicated to pedestrian rights and drivers' responsibilities. Understanding this portion of the code is essential for pedestrians injured in accidents with motorists.

While there are specific portions of the code which dictate to how a driver is to respond to a pedestrian in a specific circumstance, Section 11-1003.1 is the most comprehensive and is relied upon when drafting many of our pedestrian accident lawsuits. The Section states: "Notwithstanding other provisions of this Code or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding any pedestrian, or any person operating a bicycle or other device propelled by human power and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person."

Of course no one can anticipate getting injured in a pedestrian accident. However, the steps you take-- or fail to take following an incident can have a substantial impact on your ability to recover from the driver who may have caused the incident.

Like all accident cases, as the party injured, you have the burden of establishing the negligent conduct of a driver resulted in the collision and your injuries. Rosenfeld Injury Lawyers knows the law related to Illinois accident cases and immediately gets to work to help in assembling the most favorable case for our clients involved in pedestrian accidents.

Our attorneys regularly take the following steps on behalf of our injured clients:

• Ordering medical records and bills
• Obtaining witness statements
• Consulting with treating physicians to appreciate the significance of the injury
• Calculating wage loss information related to injuries
• Seeking court intervention in order to secure video footage of an incident
• Photographing the scene of an accident
• Communicating with insurance carriers for drivers involved
• Communicating with medical insurance companies seeking subrogation payment from a case

We are deeply committed to the success of your case and feel strongly that these steps are necessary to obtain full and fair compensation.

If a pedestrian has suffered a serious injury in an accident caused by a negligent driver, they may recover financial compensation based upon the following elements of damages recognized under Illinois law.

• Medical Expenses: All past and future medical expenses related to your injuries. Examples: ambulance, doctors, surgery, hospitalization, physical therapy, MRI’s, x-rays, injections, medications, medical devices
• Lost Wages: You can recover past and future lost wages if your injuries prevent you from returning to your employment you were engaged in prior to the accident.
• Pain & Suffering: All the pain related to physical injuries and medical procedures necessitated are compensable.
• Disability: A financial recovery may be obtained for an injured persons loss of the ability to enjoy activities they once did prior to the incident.

In the situation where a pedestrian was killed in an accident or died from injuries sustained in a crash, the Illinois Wrongful Death Act allows the family of the deceased to recover compensation for their loss of financial and emotional support as well as expenses related to the costs of the funeral.

Rosenfeld Injury Lawyers’ active involvement in both legal associations and consumer advocacy groups allows us to remain on the cutting edge with respect to new developments in the law and how they may impact our clients. Getting involved in the community not only allows our attorneys to stay up-to-date with legal developments, but also allows us to help create policies that will improve the safety for everyone in our community.

If you suffered a pedestrian-related traffic injury in Chicago, you might have legal rights to recover for the injuries sustained. The Chicago pedestrian accident attorneys at Rosenfeld Injury Lawyers represents pedestrians in all types of personal injury matters including car accidents, hit-and-run drivers and collisions with commercial vehicles. Our legal consultations are free, and we will give you a candid evaluation of your case.

Rosenfeld Injury Lawyers is committed to providing people injured in pedestrian accidents with information needed to help make decisions about their case. Please visit the sections below for more information.

• Pedestrian Accident FAQ’s
• Valuation of Pedestrian Injury Cases in Illinois
• Uninsured Motorist Claim FAQ’s
• Pedestrian Accidents Involving Minors
• Auto Insurance Claim Information

This page was written and regularly updated by attorney Jonathan Rosenfeld.