The vibrant energy of downtown Chicago is fueled by people on the move. Every day, its streets are filled with a dynamic mix of residents, commuters, and tourists. But this constant motion creates an environment where the risk of a pedestrian accident is an unfortunate reality.
The most dangerous areas are the busy intersections in the Central Business District, where vehicles making turns, particularly left turns, pose a significant threat to people in crosswalks. These risks tend to spike during the bustling afternoon and evening hours.
One concerning factor that has changed the landscape of road safety is the increasing size of vehicles on city streets. The prevalence of SUVs and larger trucks has been linked to a rise in the severity of injuries pedestrians suffer when a collision occurs.
If you have been injured in a pedestrian accident, you are likely facing a wave of pressing questions. When you are ready to understand what happened and what your options are, you deserve to get clear, straightforward information.
Call Abels & Annes, P.C. at (312) 924-7575 for a free consultation to discuss your situation.
A Look at Downtown Chicago's Pedestrian Danger Zones
The Loop & Central Business District
The Problem
This area is the epicenter of Chicago's commercial and cultural life, drawing a massive convergence of office workers, shoppers, and visitors. This high density of people leads to crowded sidewalks and congested streets. The constant flow of taxis and rideshare vehicles adds another layer of complexity to the traffic mix.
Key Factors
The Loop is characterized by a high concentration of signalized intersections, loading zones for delivery vehicles, and a steady stream of drivers who may be unfamiliar with the city's grid and traffic patterns. This environment demands heightened awareness from both drivers and pedestrians.
Intersections with Turning Vehicles
The Problem
A significant percentage of pedestrian accidents at intersections with traffic signals involve a turning vehicle. The most common scenario involves a vehicle making a left turn. Drivers executing a left turn are often focused on finding a gap in oncoming traffic and may fail to see a person in the crosswalk until it is too late.
Why It Happens
This creates a perilous situation where a pedestrian, who has the "Walk" signal and the legal right-of-way, is struck by a driver who also has a green light but fails in their duty to yield before turning.
Factors That Increase the Danger
The risks for pedestrians change based on the time of day and even the types of vehicles on the road.
- Time of Day: The likelihood of an accident is not spread evenly throughout the day. The danger peaks during the afternoon and evening commute hours. Visibility becomes a major issue after sunset; nationally, a staggering number of pedestrian fatalities occur in the dark, between the hours of 6 p.m. and 6 a.m.
- Vehicle Size: The shift in consumer preference towards larger vehicles is a significant public safety concern. The growing number of SUVs, trucks, and vans on the road is a direct factor in the severity of pedestrian injuries. Because of their greater weight and higher front-end profile, these vehicles are more likely to cause catastrophic or fatal injuries in a collision with a person on foot.
Why Pedestrian Injuries Are a Growing Concern in Illinois
Recent data from the Illinois Department of Transportation (IDOT) reveals a troubling reality. While there have been some years with decreases in overall traffic-related deaths, pedestrian fatalities have been on the rise.
In one recent year, Illinois saw a 9.5% increase in pedestrian deaths compared to the year prior, with 219 lives lost. A substantial portion of these tragic incidents happened on the streets of Chicago. This upward trend suggests there are systemic issues at play that go beyond simple driver error.
Some of these contributing factors include:
- Driver Distraction: Smartphones and sophisticated in-car infotainment systems create countless opportunities for a driver's attention to be pulled away from the primary task of driving safely.
- Infrastructure Deficiencies: In some areas, the infrastructure itself can contribute to the danger. Crosswalks may be inadequately marked, street lighting may be insufficient for nighttime visibility, or traffic signal timing might not provide enough time for everyone, especially elderly individuals or those with disabilities, to cross safely. While the Chicago Pedestrian Plan was introduced to address some of these shortcomings, implementing widespread changes is a slow process.
What Are Your Rights as a Pedestrian in Illinois?
In the moments and days after being hit by a car, it is common to question every detail of what happened. You might even wonder if you were somehow at fault. That is why it is so important to have a clear understanding of the legal framework that exists to protect pedestrians in Illinois.
The Right-of-Way in a Crosswalk
Illinois law is clear and direct: drivers are required to stop and yield the right-of-way to a pedestrian who is in a crosswalk. This applies when a pedestrian has a "Walk" signal or is using a marked or even an unmarked crosswalk at an intersection that does not have traffic signals. This responsibility is a fundamental part of a driver's legal "duty of care."
What if You Weren't in a Crosswalk?
This is a point where pedestrian accident cases can become more complicated. Illinois law operates under a legal principle known as "modified comparative negligence."
In simple terms, this means that the responsibility for an accident can be divided between the driver and the pedestrian. The key element is the percentage of fault assigned to each party. As long as you are found to be less than 50% responsible for the incident, you may still be able to recover financial compensation for your injuries.
Protecting Your Claim: The First Steps to Take from Home
As you recover from your injuries, your primary focus should be on your health. However, there are a few simple things you can do from home that help preserve the strength of a potential legal claim.
Create a Record of Your Experience
Don't: Try to rely on your memory alone. The stress and trauma of an accident make recollections fuzzy over time.
Do: Keep a simple daily journal. This doesn't need to be elaborate. Each day, make a few notes about your pain levels, list any medical appointments you attended, and describe any difficulties you are having with everyday activities like sleeping, walking, dressing, or concentrating at work.
Gather Your Documents in One Place
You will quickly begin to accumulate a significant amount of paperwork related to the accident. Get a folder or a large envelope and keep everything together.
This collection should include: the driver information exchange slip provided by the police at the scene, any business cards you received from responding officers, all medical bills and receipts, hospital discharge instructions, and any letters or emails you receive from an insurance company.
Be Aware of the Two-Year Deadline
Illinois law establishes a firm time limit for filing a personal injury lawsuit. This deadline is known as the statute of limitations. For the majority of pedestrian accident cases, this deadline is two years from the date the accident occurred.
While two years might sound like a generous amount of time, it can pass surprisingly quickly. Building a strong legal case requires a thorough investigation, and this process takes time. Evidence, such as surveillance video, can be erased, and the memories of key witnesses can fade. Adhering to this deadline is an absolute requirement for preserving your right to seek compensation through the court system.
How a Pedestrian Accident Claim Works: A Step-by-Step Overview
The legal system can seem complicated and intimidating from the outside. Our purpose is to manage every step of this process, which allows you to dedicate your energy to what matters most: your physical and emotional recovery. Here is a general overview of what the process typically involves.
Step 1: The Investigation
Our firm’s work begins immediately by methodically gathering all available evidence. This is a comprehensive effort that includes obtaining the official police crash report, identifying and interviewing witnesses, securing any available traffic light camera or private surveillance footage, and documenting the physical characteristics of the accident scene. We also work to identify every potential source of insurance coverage that could be applicable to your claim.
Step 2: Calculating the Full Scope of Your Damages
"Damages" is the legal term used to describe the total sum of the harm you have endured as a result of the accident. This calculation goes far beyond just adding up your current medical bills. We work with you to build a complete and detailed picture of your losses, which includes:
- All past medical expenses and a projection of future medical needs.
- Lost wages and income for the time you were unable to work.
- Loss of future earning capacity if your injuries have a long-term impact on your career path.
- Compensation for physical pain, emotional suffering, and the diminished quality of your life.
Step 3: Managing Communications with Insurance Companies
It is very likely that you will be contacted by an insurance adjuster for the at-fault driver shortly after the accident. It is important to remember that this person's job is to protect their company's financial interests by minimizing the amount the insurance company has to pay on the claim.
Once you become our client, we take over all of these communications. You will no longer have to field calls or answer questions from the adjuster. Our team will handle the formal presentation of your claim and all subsequent negotiations on your behalf.
Step 4: Negotiation and Settlement
We compile all the evidence and the full calculation of your damages into a detailed demand package. This package is presented to the insurance company, and it outlines the other party's liability and makes a case for the full value of your claim. The vast majority of pedestrian accident claims are successfully resolved through a negotiated settlement during this phase.
Step 5: Filing a Lawsuit
If the insurance company refuses to make a fair and reasonable settlement offer, we will sit down with you to discuss the option of filing a lawsuit. Taking this step does not mean that your case will automatically proceed to a full trial. Frequently, the act of filing a lawsuit is a necessary measure to compel the other side to negotiate in good faith and take the claim more seriously.
Frequently Asked Questions About Chicago Pedestrian Accidents
What if the driver who hit me was uninsured or fled the scene (hit-and-run)?
This is a deeply distressing situation, but you may still have a path to recovering compensation. This is often possible through the Uninsured/Underinsured Motorist (UM/UIM) portion of your own automobile insurance policy. A key point that many people don't realize is that this coverage likely applies even though you were a pedestrian and not in your car at the time of the accident. We carefully review your insurance policy to determine if this is a viable option for you.
Can I file a claim if the city was responsible for a dangerous condition, like a broken sidewalk or malfunctioning crosswalk signal?
Yes, it is possible to bring a claim against a government entity like the City of Chicago, but it is important to understand that the rules for doing so are very different and much stricter. In some cases against a local government entity, this notice period is as short as one year.
My injuries didn't seem that bad at first, but now the pain is getting worse. Is it too late?
No, it is not too late, provided you are still within the two-year statute of limitations. This is a very common experience. The full extent of certain injuries, particularly those involving soft tissues, the back, or the neck, may not become fully apparent for days or even weeks after the initial trauma. It is important to seek prompt medical attention for any new or worsening symptoms and to document this with your doctor. Then, you should speak with an attorney about your situation.
How much does it cost to hire a personal injury lawyer?
At Abels & Annes, P.C., we handle all pedestrian accident cases on a contingency fee basis. This model is designed to provide access to legal representation without upfront costs. In simple terms, it means that you pay us no fee unless and until we successfully recover financial compensation for you. Our fee is a pre-agreed-upon percentage of the amount we recover. Your initial consultation with us to discuss your case is always free.
What if the insurance company says the accident was my fault?
You should never accept an insurance company's initial determination of fault without question. Remember, the adjuster has a financial incentive to place as much blame on you as possible to reduce or deny the claim. Under Illinois's modified comparative negligence rule, as we mentioned earlier, you can be found partially at fault and still be entitled to recover damages. Our firm conducts an independent investigation, separate from the insurance company's, to establish what truly happened and who was primarily responsible.
Let Us Provide the Answers and Guidance You Need
Your main priority after a serious injury should be your recovery. You should not have the added stress of dealing with insurance companies, trying to track down evidence, and worrying about complex legal deadlines. That is our job.
For a free, no-obligation conversation about your pedestrian accident and your legal options, call Abels & Annes, P.C. today at (312) 924-7575.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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