Legal Help After a Pedestrian Accident
Rockford Pedestrian Accident Lawyer
When a car hits a person on foot, the person on foot almost always loses. There’s no seatbelt, no airbag, and no steel frame. Attorney Paul Marriett grew up in Rockford and knows where people walk: downtown along State Street and Main Street, around the bus stops and transfer points, near schools, and in the neighborhoods on the west and southwest sides where plenty of families don’t have a second car. Our office is staffed 24 hours a day, 7 days a week, 365 days a year, and we’ll come to you at home or in the hospital.
If you have been injured or know someone who has been killed in a Pedestrian Accident contact our Personal Injury Lawyers. Use the form on this page or call (815) 964-8303.
Often pedestrians seek financial recovery from the insurance company of the driver that hit them. But the cause of the accident can be shared between the driver and victim or multiple drivers. A pedestrian accident in Illinois can be legally fought under automotive accident laws, personal injury, and even workers’ compensation law. Keep reading for more info.
Pedestrians are the most vulnerable road users, and each of us is a pedestrian at some time. For those who sustain injuries in pedestrian accidents, there is legal help available. The compensation that a person may collect following a pedestrian accident can help ease the financial burdens created by the accident and provide much-needed assistance for the victim and their family. We work with pedestrian accidents every year.
If you’ve been hurt or a family member killed by a negligent motorist reach out to our accident attorneys (815) 964-8303 – there is no charge to call us. Our Consultation is FREE, you only pay if we win.
How to Proceed with a Pedestrian Accident Case
We’ve won several lawsuits for injured pedestrians.
Most pedestrian accidents we’ve encountered are the result of carelessness or a mistake by the driver. But sometimes the responsibility of the accident is shared, either between multiple drivers or between the pedestrian and the driver. But even if the responsibility is shared as a pedestrian, you still might have a strong case.
To learn more jump down the page to Liability in Pedestrian Crashes.
Don’t Weaken Your Pedestrian Accident Case
Legally, pedestrian accidents can get confusing. Many accident victims wait much too long before contacting a lawyer. If you’ve been in an accident, don’t wait to contact us. We’ll listen to your story and let you know how strong of a case you might have.
Just like in our Checklist for Car Accidents, pedestrians will want to take the same precautions to protect themselves and their families.
- Make Sure Your Safe
- Attend to any Medical Needs
- Record and Keep Records of Everything
- Contact an Attorney with a History of Pedestrian Lawsuits
Call or Text – 24/7 (815) 964-8303
You Might Also Like To Read
- Financial Recovery in a Pedestrian
Hit-and-Run (blog posts) - Bus Accident Injuries
- Rockford Car Accident Lawyers
The Aftermath of a Pedestrian Crash
A pedestrian crash is often shocking, for everyone.
The first thing to do is to ensure that you or anyone else who sustained injuries gets immediate medical attention. If possible, it’s also best to gather evidence from the scene. Take images and video while the incident is fresh in your mind. Even if you’re reading this page days after, you can go back and recount and record the incident. Photographs, video, and personal recordings (written or recorded) can help indicate that the collision caused damage to an involved vehicle. Such evidence helps to show the severity of the crash.
Collecting Evidence
The police should investigate and create an accident report. You should get a copy of the report for your records, and to share with an attorney. To get the contact information for the responding authorities in your area see our Areas Served Pages. Contact the office where you can get a copy of the crash report.
Seeking statements from witnesses is another way to build a case and show that a driver behaved negligently. Collecting contact information from witnesses before they leave the scene is important as they may not be easy to track down again.
It’s also possible to find security camera footage of the crash. Checking local businesses to see if they caught such images might later show that a driver is at fault.
Anything you can do to collect information about the case makes it stronger. If you hire our pedestrian attorneys, we’ll do much of this work for you.
Our lawyers at Rockford Injury Laws start every case as if it is going to trial, as compared to just gathering some facts to settle with the insurance company. By starting your case as if it will see a trial, we’ll build a case that will win you the most compensation for your recovery.
Liability in Pedestrian Crashes
Pedestrian accidents cljai can be messy. It is not always clear that one person is to blame for the accident.
If the collision occurred because the driver was drunk and speeding, then proving the driver was liable might not be so hard. However, few crashes are that straightforward. In many incidents, the victim might share some of the blame for the crash.
Comparative Negligence – Sharing Fault in an Accident
Imagine that you are walking and decide to run across the street to catch the tail end of a flashing hand on a walk signal. A driver who turns left on a green light strikes you as you run into the road. In such a case, the driver can be at fault, but a court might also find that you share some of the blame.
In Illinois, a driver who strikes a pedestrian can be liable for the pedestrian’s injuries even if that pedestrian also engaged in negligent behavior. Illinois practices a modified comparative negligence when accidents have more than 1 person at-fault
Modified comparative negligence means that if the pedestrian, who is the victim in this scenario, is only 50 percent at fault or less, then a driver who was also at fault must compensate the victim for their injuries.
Damages will reflect the victim’s share of fault (Example).
In practice, assume that a court found a driver 60 percent at fault while a pedestrian was 40 percent at fault. The pedestrian would be able to collect 60 percent of his or her total damages. If the damages totaled at $100,000, then the recovery for the pedestrian would be $60,000.
Damage Compensation Available for Pedestrians
Medical Care and Rehabilitation
After an accident medical bills can easily pile up. A hospital stay can cost thousands of dollars. Each medical visit is another hurdle to jump through. At the very worst, you may need long term medical care including rehabilitation. Or maybe the need for physical therapy lasts for months or more following the initial injury. Each accident is different, but this medical debt shouldn’t be yours to deal with.
Lost Wages
Any significant injury, generally, also means that you’ll be missing out on some work. Work and wages that you would otherwise be entitled to if it weren’t for the accident. Lost wages can be recovered with a successful lawsuit. Financial hardship shouldn’t be something you have to go through in an accident that could have been prevented.
Economic Damages
Medical care and lost wages are included in economic damages. Damages are the law’s way of helping a victim recover from injuries that another person caused. The court will calculate the financial recovery based on several economic damages – Now and Future.
Non-Economic Damages
Even if all Economic Damages are accounted for, your financial recovery might not truely be whole. Non-Economic Damages are those damages related to losing experiences due to the accident. The experience of incredible pain and the loss of the ability to engage in activities you enjoy can take a toll. While you might not be able to work in the aftermath of a pedestrian crash, you also will not be able to participate in your softball league or go to dinner with friends. These damages can also be recovered.
It is difficult to put a price on the losses associated with missing out on recreational activities or the pain that a person endured because of serious injuries. Still, non-economic damages attempt to compensate the victim for such harm. In Illinois, you can recover for pain and suffering, and spouses can recover for the loss of consortium. In the tragic case of a fatal pedestrian crash, the family can also recover for the loss of the victim.
Punitive Damages
In some less common cases, an injured pedestrian might also be able to recover punitive damages. Punitive damages are different from the other categories in that they are not related to the injuries that the crash caused. Instead, punitive damages work to penalize a person who engaged in particularly wrongful conduct. For example a drunk driver may have to pay extra punitive damages for careless behavior.
Who Else May Be Responsible?
Most pedestrian crashes come down to a driver who was distracted, speeding, turning without looking, backing up without checking, or impaired. Depending on the facts, others may share responsibility:
- The driver’s employer, if the driver was working at the time (delivery drivers, contractors, company vehicles).
- A bar or restaurant that overserved a drunk driver, under the Illinois Dram Shop Act. Those claims have a one-year deadline.
- A property owner, if a parking lot or driveway was designed or maintained in a dangerous way.
- A government body, in limited situations involving city or county vehicles or dangerous road conditions. Those claims generally must be filed within one year (745 ILCS 10/8-101). Broken sidewalks and road defects are covered on our government and road defect claims page.
Where the Money Comes From
The first source is usually the driver’s liability insurance. Illinois only requires $25,000 per person, and serious pedestrian injuries often cost far more. If the driver had no insurance or not enough, your own auto policy’s uninsured and underinsured motorist coverage may protect you even though you were on foot, and coverage for people in your household may apply too. We review every policy that could apply before we talk numbers with anyone.
Video Evidence Disappears Fast
Video from nearby businesses, homes, traffic cameras, and buses is often recorded over within days. We move immediately to preserve it, along with 911 calls, the crash report, vehicle data, and the driver’s phone records when distraction is an issue. When a case calls for it, we bring in accident reconstruction and drone teams to document the scene before it changes.
No Health Insurance? Get Treatment Anyway.
If you don’t have health insurance, don’t skip care. Medicaid may cover your treatment if you qualify, but starting January 1, 2027, Medicaid will only reach back one month before the month you apply for most working-age adults, and two months for most others. Apply right away. We help clients with this all the time.
Quick Answers for Rockford Pedestrian Accident Victims
How long do I have to file a pedestrian accident lawsuit in Illinois?
Most Illinois personal injury lawsuits must be filed within two years of the injury (735 ILCS 5/13-202). Claims against a city, county, or other local government body generally must be filed within one year (745 ILCS 10/8-101).
Can I recover if I wasn’t in a crosswalk?
Often, yes. Being outside a crosswalk doesn’t automatically bar your claim. It may reduce your recovery under Illinois comparative fault rules (735 ILCS 5/2-1116), but you can still recover as long as you were not more than 50% at fault.
What if the driver drove away?
Call the police right away and tell your own insurance company promptly. Your uninsured motorist coverage may apply. See our hit-and-run accident page and our article on insurance coverage in a pedestrian hit-and-run.
What does it cost to talk to you?
Nothing. Consultations are free. Call (815) 964-8303, any time, day or night.
Related: Rockford car accident lawyer | bicycle accidents | wrongful death
Reviewed by Attorney Paul M. Marriett, Rockford Injury Lawyers.
Never Wait to Contact an Attorney
After an accident that you feel could have been prevented it’s a good idea to contact an attorney. An attorney will be able to speak to the insurers and carry out negotiations on your behalf. People often fail to understand the impact of what they say to insurance companies, and some will even agree to settlements that are far below that which they are entitled to as a result of the crash.
Learn More About Paul Marriett Here
Speak to an Pedestrian Crash Attorney Today
The legal system is complicated and full of technicalities that can be overwhelming. Injury victims can benefit from hiring an attorney who understands the process and can advocate on their behalf. The aftermath of a collision is stressful, and victims should focus on healing. An attorney can handle the battle to recover compensation.
If you or a loved one have been hurt, or injured as a pedestrian please contact us for a free, honest, no hassle consultation to see how we may be able to help. We’re available 24/7/365 at (815) 964-8303.