A person on foot has nothing between them and a moving vehicle. Pedestrian crashes in Chicago crosswalks and bike lanes routinely cause life-altering injuries, and Illinois law gives walkers strong right-of-way protections that drivers and their insurers often ignore. If you or a family member was struck while walking or cycling in Chicago, the law is on your side and we make sure it stays there. No fee unless we win. Free consultation, 24/7.
Illinois law requires drivers to stop — not merely yield — for a pedestrian in a marked crosswalk or at an intersection under 625 ILCS 5/11-1002. The 2010 amendment strengthened this from "yield" to "stop and remain stopped." A driver who fails to stop for a walker in a crosswalk is typically negligent as a matter of law.
Pedestrians also have duties — using crosswalks where available, obeying signals, and not darting into traffic under 625 ILCS 5/11-1003 and 11-1004 — but a violation by the pedestrian does not erase the driver's liability. It feeds into Illinois comparative fault, where the question is the percentage, not all-or-nothing.
625 ILCS 5/11-1002 · Driver must stop for pedestrians in a crosswalk.
625 ILCS 5/11-1003, 11-1004 · Pedestrian duties and crossing rules.
735 ILCS 5/2-1116 · Modified comparative fault, 51% bar.
735 ILCS 5/13-202 · Two-year personal injury statute of limitations.
The standard insurance tactic is to claim the pedestrian "came out of nowhere," was outside the crosswalk, or was distracted. Under Illinois modified comparative fault (735 ILCS 5/2-1116), the pedestrian can still recover as long as they are 50% or less at fault — with the award reduced by their percentage. Even a pedestrian crossing mid-block can recover if the driver was speeding, distracted, or failed to keep a proper lookout.
Chicago has extensive traffic and business surveillance cameras. Footage that shows the signal phase, the crosswalk, and the vehicle's speed is often decisive — but it gets overwritten in days. Securing it fast is one of the most valuable early steps in a pedestrian case.
With no protection from impact, struck pedestrians suffer traumatic brain injury, spinal cord damage, pelvic and leg fractures, and internal injuries. Illinois allows recovery for all past and future medical care, lost earnings and earning capacity, pain and suffering, disfigurement, and loss of normal life — none of which Illinois caps. When a driver's coverage is too low, the pedestrian's own auto UM/UIM coverage may apply even though they were on foot, depending on the policy.
Often yes. Illinois comparative fault asks for a percentage, not all-or-nothing. If the driver was speeding or distracted, you can recover even if you share some fault, as long as you are 50% or less responsible.
It can. Depending on your policy, UM/UIM coverage may apply to you as a pedestrian when the driver who hit you was uninsured or underinsured.
Claims against government entities follow shorter deadlines — often one year — under the Tort Immunity Act. Get counsel involved quickly.
Two years from the crash under 735 ILCS 5/13-202 for most claims; less for government defendants.
Don't let an insurer rewrite what happened in the crosswalk. Talk to a Chicago pedestrian accident lawyer who knows Illinois right-of-way law and how to secure the camera footage before it's gone. The first call is free.
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