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Pedestrian Accidents

Whose fault is it when a pedestrian gets hit? Does it matter if they are in a crosswalk or in the middle of the street?


We very frequently get asked these questions and are here to help in getting all of your questions answered. When a person is crossing a street the last thing on his or her mind is contemplating the legality or reality of being hit by a motorist. According to police data, Chicago pedestrian fatalities have been steadily increasing the past few years. Most pedestrian accidents are the result of a negligent driver who failed to yield or stop for a pedestrian who was crossing the street. The increased use of cell phones and text messaging while driving are often the culprits as well. HSPRD has over 30 years of experience in litigating pedestrian accidents. We know the pedestrian laws and codes that exist and exactly what you need in order to establish liability.

Common Pedestrian Accident Injuries:

In a collision between a car and a pedestrian, the results are almost always inevitable. You have no protection when you’re a pedestrian and you’re at the mercy of the vehicle operator. As a result, the injuries caused by these types of accidents are both severe and one-sided. These injuries don’t just cause extensive pain and suffering, they also prompt high medical expenses.

Here are some common injuries cause by pedestrian accidents:

  • Broken bones
  • Spinal cord injuries
  • Brain injuries
  • Amputations

“We have the experience, the compassion that’s necessary, and we get results.”


Steps To Ensure Your Safety As A Pedestrian

In many instances, there is not much a pedestrian can do to protect himself or herself from a motor vehicle crash. However, there are steps you can take to safely walk while in the presence of moving cars.  The National Highway Traffic Safety Administration recommends the following safety steps and precautions:

  • Walk on a sidewalk if available, and if not, walk on the shoulder, facing traffic.
  • Avoid using distractors like phones or radios.
  • Never assume a driver sees you or is going to obey traffic laws. Be vigilant and alert about your surroundings.
  • Cross at crosswalks or other places on the road where drivers expect to see pedestrians.
  • Avoid darting out across a road or crossing from between two vehicles.
  • Stay off of freeways, restricted-access highways and other pedestrian-prohibited roadways.
  • Avoid dark clothing, especially if traveling at night. Bright, especially fluorescent, clothing will ensure you visibility in the day.
  • Reflective clothing and/or carrying a flashlight is highly encouraged at night.
  • Avoid alcohol and drugs.

If You Or A Loved One Is Involved In A Pedestrian Accident

  • Call the police and make sure that an ambulance is dispatched to the scene of the accident.
  • Get immediate medical attention for any injuries sustained in the accident (allow paramedics to transport injured parties to the hospital for care and treatment).
  • Do not admit anything to any party without contacting an experienced pedestrian accident attorney.
  • Exchange identifying information and insurance information with all parties involved in the accident.
  • Do not speak directly with the liable party’s insurance adjusters, attorneys or representatives about the facts of the case without first consulting with an experienced pedestrian accident attorney.
  • Take pictures of the scene of the accident, the vehicles and the injuries sustained in the pedestrian accident.
  • Do not sign any medical release forms without speaking to an experienced pedestrian accident attorney.

What Can HSPRD Do For You?

  • Recover lost wages and income. The injuries sustained in a pedestrian accident often affect your ability to work, so we will handle all of the paperwork to recover your lost earnings.
  • Visit at home and/or the hospital. If your injury affects your ability to come to us, then we will come to you. We have investigators on staff who will travel directly to your home or hospital to make your recovery as easy as possible.

Frequently Asked Questions


When it comes to making this decision we ask our clients to keep in mind that defendants frequently have teams of attorneys on staff prepared to find ways to pay out as little as possible on every claim. So why not hire an accomplished team of attorneys who focus on personal injury litigation and workers’ compensation to level the playing field for you?

The value of your case depends greatly on the evidence provided. You may be entitled to compensation for a variety of damages caused. Some of these damages may include:

  • Past medical bills
  • Future medical bills
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering

In most cases, yes, your personal injury lawsuit has to be filed in a courthouse within a certain period of time or it is forever barred in Illinois. A typical personal injury case must be filed within two years. Exceptions to that rule include filing against a municipality, which must be filed within one year, or filing a workers’ compensation claim in Illinois, which has to be filed within three years. It is important to get an attorney involved as early as possible so we can best advise you.

Yes, you can file a case if you are undocumented in the workers’ compensation department as well as the personal injury department. We can defend your rights and recover fair compensation for you.

Risk-Free Consultation. No Upfront Fees.

Negligence is the main cause of the majority of accidents we see. You may be faced with teams of attorneys defending someone who is clearly in the wrong. Don’t wait, let HSPRD’s personal injury and workers’ compensation lawyers help you get the compensation you deserve. We are available 24/7 and you can reach us at 312.719.0507.

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