Can I Pursue Compensation After an Illinois Pedestrian Accident?

 Posted on May 31, 2026 in Personal Injury

If you were hit by a car while walking, you likely have the right to seek money from the driver who hurt you. According to the National Highway Traffic Safety Administration, a pedestrian was injured in a traffic crash somewhere in the country every seven minutes in 2024. When it happens to you, the question is not just about recovering physically; it is about understanding what Illinois law allows you to recover financially. A Bloomingdale, IL personal injury attorney can help you sort through your options in 2026.

When Does a Driver Have to Yield to a Pedestrian in Illinois?

Drivers in Illinois have a legal duty to yield to pedestrians. Under 625 ILCS 5/11-1002, a driver must stop and yield to a pedestrian in a marked or unmarked crosswalk when the pedestrian is in their lane or close enough to be in danger. This applies even when no traffic signal is present. When a driver breaks this rule and injures someone, that violation can be strong evidence of negligence in a personal injury claim.

The law also puts a duty on pedestrians. You cannot suddenly step off a curb into the path of a car that is too close to stop. Under 735 ILCS 5/2-1116, if you shared some fault for the crash, Illinois law still lets you recover damages as long as your share of fault is 50 percent or less. Your payout is reduced by your percentage of fault. For example, if a court finds you 20 percent at fault and your total damages are $100,000, you would recover $80,000. If your share of fault exceeds 50 percent, you recover nothing.

What Does a Pedestrian Accident Claim Cover in Illinois?

Pedestrians have no protection against a vehicle, so injuries tend to be serious. A personal injury claim can cover medical bills, future treatment costs, lost wages, reduced earning ability, and pain and suffering. 

If the driver was drunk or acted with extreme carelessness, a court may also award punitive damages in addition to those amounts. For families who lose someone in a pedestrian crash, a wrongful death claim may provide a separate path to compensation.

What Are Your Options When an Uninsured Driver Causes a Pedestrian Accident in Illinois?

Not every driver carries enough coverage to pay for serious injuries. If the driver who hit you was uninsured or underinsured, you may still have options. Your own auto insurance policy may include uninsured motorist coverage, which can pay for your medical bills and other losses even when the at-fault driver cannot. 

If you do not own a car, check whether a household member's policy covers you. An attorney can review all available insurance coverage and identify every source of compensation available to you.

What Is the Deadline to File a Pedestrian Accident Claim in Illinois?

Illinois law gives most personal injury victims two years from the date of the accident to file a lawsuit, under 735 ILCS 5/13-202. Miss that deadline and you lose the right to sue, no matter how strong your case is. Two years can pass faster than expected, especially while you are focused on treatment and recovery. The sooner you contact an attorney, the better your chances of preserving the evidence and witness accounts your case depends on.

There is one important exception. If the driver who hit you was a government employee operating a government vehicle, you may have as little as one year to file your claim.

What Steps Should You Take After a Pedestrian Accident in Illinois?

Taking the right steps after a crash can make a significant difference in your case. Here are a few that matter most:

• Get medical care right away, even if injuries seem minor. Some serious conditions, like internal bleeding and brain injuries, do not show clear symptoms at first.

• Report the accident to the police and get a copy of the crash report.

• Collect names and contact information from anyone who saw what happened.

• Take photos of the scene, the vehicle, crosswalk markings, and your injuries.

• Do not give a recorded statement to the driver's insurance company before talking to a lawyer.

These steps also give your attorney the clearest picture of what happened, which matters most when the insurance company disputes the details of the crash.

Contact a Bloomingdale, IL Pedestrian Accident Attorney for a Free Consultation

If you were hurt as a pedestrian, the Lombard, IL personal injury lawyers at Mevorah & Giglio Law Offices can review your case at no cost and help you understand what your claim may be worth before you decide on the next steps. With offices in Lombard, Bloomingdale, and Naperville, we are easy to reach from across the area. We also offer Saturday and evening appointments. Call 630-932-9100 to schedule your free consultation.