A Chicago pedestrian accident attorney can help after a crash leaves you facing the crushing weight of medical bills, lost wages, and emotional pain. Illinois law requires drivers to yield to pedestrians in crosswalks, but when they fail, the consequences are devastating, and navigating the legal system alone can add to your burden.
Attorney Montgomery has spent over 35 years standing up for injured Chicago residents in pedestrian and other motor vehicle accident cases, securing millions in client compensation. He takes the time to know your story and builds a legal strategy that fits your situation. Contact Montgomery Law Firm LLC to schedule your consultation after a pedestrian accident and learn about your options.
Pedestrian accidents happen in these preventable ways:
Each of these situations can cause life-altering harm; under Illinois law, the driver may be held responsible.
Catastrophic injuries affect every aspect of life, and include:
Not every pedestrian collision produces the same legal claim. A case becomes a serious injury matter when the physical harm is severe enough to affect your ability to work, care for yourself, or maintain your quality of life over the long term. Spinal cord injuries, traumatic brain injuries, amputations, and multiple fractures all fall into this category. So do injuries that appear manageable at first but worsen in the weeks following the crash.
The distinction matters for several reasons. Serious injury cases typically involve larger insurance policy limits, require expert testimony about future care needs, and are more likely to proceed to litigation if the insurer disputes the value of the claim. They also demand a thorough investigation from the outset, because evidence gathered in the first days after the crash often determines what a jury ultimately hears. If your injuries required hospitalization, surgery, or ongoing specialist care, the claim you are facing is not routine, and it should not be treated as one. Montgomery Law Firm LLC handles personal injury and wrongful death claims involving pedestrians throughout Chicago and the surrounding area.
Under 625 ILCS 5/11-1002, Illinois law requires a driver to stop and yield the right-of-way to a pedestrian crossing within a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching closely enough to be in danger. This obligation applies to both marked crosswalks with painted lines and unmarked crosswalks at intersections. A driver approaching from the rear must also stop if a vehicle ahead has already yielded for a crossing pedestrian.
Turning vehicles are a particularly common source of serious pedestrian injuries. Left-turning drivers tend to focus on oncoming traffic and may fail to check the crosswalk before completing the turn. Right-turning drivers face a similar risk when pedestrians are crossing with the signal. In both situations, the driver who strikes a pedestrian with the right of way may be found negligent under Illinois law, regardless of whether the turn itself was otherwise legal.
Intersection collisions often involve disputed facts about signal timing, pedestrian position, and driver speed. Surveillance footage from nearby businesses, traffic cameras, and witness accounts can be decisive. Because video footage is typically preserved for only a short time, contacting a lawyer promptly after a crosswalk or intersection crash gives your legal team the best opportunity to secure that evidence before it is lost. You can also request a copy of the official police report through Illinois crash reports maintained by the Illinois State Police.
The driver who struck you is the most obvious potential defendant, but Illinois law allows injured pedestrians to pursue claims against other parties whose negligence contributed to the crash. Identifying all responsible parties matters because it can expand the insurance coverage available to compensate your losses.
Additional parties that may share liability include:
Pedestrian accidents that involve motorcycles or other motor vehicles can raise overlapping liability questions. A thorough investigation conducted early in the process is the most reliable way to identify every party whose negligence contributed to your injuries.
Illinois law allows injured pedestrians to seek compensation for both economic and non-economic losses. The specific damages available in your case will depend on the severity of your injuries, the impact on your ability to work, and the facts surrounding the crash.
Economic damages cover the direct financial costs of the injury and may include:
Non-economic damages address the intangible consequences of a serious injury and may include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. A spouse may also pursue a separate claim for loss of consortium.
In fatal pedestrian accidents, surviving family members may bring a wrongful death claim under the Illinois Wrongful Death Act. Recoverable losses in those cases can include medical and burial expenses, loss of financial support, loss of services, and loss of society, including grief, sorrow, and mental suffering. Illinois does not impose statutory caps on compensatory damages in pedestrian injury or wrongful death cases, meaning a jury may award whatever amount the evidence supports as fair and just compensation.
Because non-economic damages are difficult to quantify and are often the focus of insurer disputes, having a lawyer who can present the full picture of your losses to a jury is essential in serious cases.
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means that an injured pedestrian may still recover damages even if they were partially at fault for the crash, as long as their share of fault does not exceed 50 percent. If a pedestrian is found 51 percent or more responsible, they are barred from any recovery. When fault is shared but remains below that threshold, the total damages award is reduced in proportion to the pedestrian’s percentage of fault.
Insurance adjusters understand this rule and use it aggressively. Common arguments used to shift blame onto pedestrians include:
Even when some of these facts are true, they do not automatically defeat a claim. Illinois law also requires drivers to exercise due care to avoid hitting a pedestrian on any roadway, and that duty can apply even when a pedestrian is technically violating a traffic rule. The question in a comparative negligence case is always one of proportional responsibility, and the percentage assigned to each party is for a jury to decide based on the evidence.
Insurers are trained to identify comparative fault angles early and factor them into settlement valuations. Accepting an early offer without legal guidance can mean settling for a fraction of what the claim is actually worth. Mr. Montgomery knows how to counter these arguments with evidence, including traffic camera footage, witness statements, accident reconstruction analysis, and the applicable provisions of the Illinois Rules of the Road.
The steps you take in the hours and days following a pedestrian accident can have a direct effect on your health and on the strength of any legal claim. The following guidance applies to most situations, though every crash is different and your safety always comes first.
Illinois law generally gives injured pedestrians two years from the date of the crash to file a personal injury lawsuit. Claims involving government entities, including the CTA or city of Chicago, carry shorter notice deadlines and additional procedural requirements. Waiting to consult an attorney creates unnecessary risk on both fronts.
Most pedestrian accident claims settle before trial, but the cases that settle for full value are the ones prepared as if they will be tried. Insurance companies evaluate claims based on what they believe a jury would award, and that evaluation shifts when they see that the opposing attorney has done the work.
Mr. Montgomery builds pedestrian cases with the jury in mind from the beginning. That preparation includes:
Mr. Montgomery knows Chicago’s streets, courts, and juries, and how to present your case in a way that gets results. That knowledge, built over more than 35 years of representing injured Chicago residents, is what distinguishes a claim that is managed from one that is truly advocated.
Insurance companies often move quickly to limit payouts. You may settle for far less than you deserve without a skilled attorney. Mr. Montgomery knows Chicago’s streets, courts and juries, and how to present your case in a way that gets results.
The stress of a Chicago pedestrian accident can feel isolating, but you do not have to face it alone. Contact the Chicago law office of Montgomery Law Firm LLC to schedule a consultation with Mr. Montgomery.
