Hit by a Car While Walking in Illinois? What Injured Pedestrians Should Know

Two years to file, and insurers call within days. Partner Patricia Hall answers the questions injured pedestrians need to know early.

A routine afternoon walk with her dog changed everything for one of our clients when a driver struck her as she crossed the street within a designated crosswalk. She suffered an ankle sprain and a wrist fracture requiring surgical repair and faced months of treatment, mounting medical bills, and time away from the things she enjoyed. WilliamsMcCarthy LLP recently obtained a policy limits settlement on her behalf, giving her the resources to continue her recovery. Every case is different and past results do not guarantee future outcomes, but her case raises questions we hear often from injured pedestrians here in Illinois. Here are the answers.

Who Is at Fault When a Car Hits a Pedestrian in Illinois?

In Illinois, the driver is typically at fault when a pedestrian is struck in a crosswalk, because state law requires drivers to stop and yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk. Fault is not automatic, however. Illinois law also prohibits pedestrians from suddenly leaving a curb into the path of a vehicle, and a pedestrian crossing outside a crosswalk must yield to traffic. Because Illinois follows modified comparative negligence, an injured pedestrian can still recover damages if she was partially at fault. In a contributory fault finding, her recovery would be reduced by her percentage of fault, but she is barred from recovery only if she was more than 50 percent responsible for the injury or damages claimed. Sorting out fault usually requires investigating the scene, witness accounts, and sometimes accident reconstruction, which is why early legal involvement matters.

What Should I Do If I Was Hit by a Car While Walking?

Seek medical attention immediately, even if you feel fine. Some serious injuries, including head trauma, are not obvious at first. If you are able, get the driver’s name, insurance information, and license plate, photograph the scene, and ask witnesses for contact information. Report the crash to police so there is an official record. Then, speak with an attorney before giving a recorded statement to the driver’s insurance company. Insurers often contact injured pedestrians within days, and early statements can be used to minimize your claim.

How Long Do I Have to File a Pedestrian Injury Claim in Illinois?

In most cases, Illinois law gives you two years from the date of the injury to file a personal injury lawsuit. Shorter deadlines can apply in certain circumstances. For example, claims against governmental entities have a shorter window, so the safest course is to consult an attorney promptly rather than waiting.

What Compensation Can an Injured Pedestrian Recover?

An injured pedestrian in Illinois may recover medical expenses (past and future), lost wages and earning capacity, pain and suffering, disability, and disfigurement. Where the at-fault driver is uninsured or carries minimal coverage, your own auto policy’s uninsured or underinsured motorist coverage may apply even though you were on foot, which is something many injured pedestrians overlook.

How Common Are Pedestrian Accidents?

Pedestrians remain among the most vulnerable people on our roads. According to the Governors Highway Safety Association, drivers struck and killed 6,732 people walking in the United States in 2025, an average of 18 per day. And while that figure declined 7% from the year before, pedestrian deaths remain 5% above pre-pandemic levels. Thousands more pedestrians survive collisions each year, often with serious, life-changing injuries, because a person on foot has no protection against a multi-ton vehicle even at low speeds.

Talk to an Illinois Pedestrian Accident Lawyer

If you or a loved one has been injured as a pedestrian in Rockford, Winnebago County, or anywhere in northern Illinois, WilliamsMcCarthy LLP can investigate the collision, work with medical providers and experts, and deal with the insurance companies so you can focus on recovery.