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Legal Insights About Rights of Injured Pedestrians in Illinois

If you were struck as a pedestrian, you are not alone. Pedestrian collisions remain a serious concern in Illinois and across the U.S. Nationwide, pedestrian fatalities now constitute about 17% of all traffic deaths. In Illinois, the trend is rising: in 2024, 219 pedestrians died in crashes, a 9.5 % increase from 2023. In Chicago alone, surface‐street pedestrian deaths numbered 38 in 2024.

Injuries from pedestrian collisions are often catastrophic — traumatic brain injury, spinal damage, internal injuries, fractures, and long‐term disability are common outcomes. Because there may be multiple negligent actors (e.g., drivers, municipalities, property owners, manufacturers), liability is rarely straightforward.

At Furqan Mohammed, we have decades of experience navigating complex personal injury and wrongful death cases involving multiple parties and competing claims of fault. We understand the medical, engineering, and legal aspects that such cases demand.

Common Causes of Pedestrian Accidents

If someone you care about died after being struck as a pedestrian, it may help to understand some of the most frequent causes of these collisions in Illinois and nationwide. Below are common factors often seen in pedestrian accidents:

Distracted driving or walking

Drivers using phones or other distractions may fail to notice pedestrians; pedestrians themselves may misjudge vehicle movement.

Driving under the influence

Alcohol or drug impairment affects reaction time, perception, and judgment; nearly 46 % of fatal pedestrian crashes involve alcohol in some capacity.

Failure to yield/proper turning

Drivers may turn without seeing a pedestrian in a crosswalk or fail to yield right-of-way.

Poor visibility/nighttime conditions

A high percentage of fatal pedestrian crashes occur after dark, when visibility is low.

Speeding / road design

Higher speeds and multi-lane roads (especially outside intersections) increase both crash likelihood and severity of injury.

Hit-and-run collisions

In many fatal pedestrian incidents, the striking vehicle leaves the scene before identification.

Types of Injuries of Pedestrians

If your loved one was struck, here are common types of injuries pedestrians often sustain:

  • Traumatic brain injury
  • Skull fractures
  • Spinal cord injury/paralysis
  • Internal organ damage (e.g., liver, spleen)
  • Rib fractures/chest trauma
  • Pelvic fractures
  • Femur/leg fractures
  • Foot, ankle, or lower extremity fractures
  • Soft tissue injuries (muscles, ligaments, nerves)
  • Amputations

These injury types are frequently reported in pedestrian crash data analyses.

Rights of Pedestrians on Chicago Roads

If you have been injured as a pedestrian, it may help to understand the legal rights you hold on Chicago roads under Illinois and municipal law:

Right to crosswalk priority

When signals are not in operation, drivers must stop and yield to a pedestrian crossing within a crosswalk.

Right to pedestrian superiority at crosswalks in Chicago

The Chicago Municipal Code grants pedestrians in or entering a crosswalk right‐of‐way over vehicles stopped at stop signs.

Right to due care from drivers toward pedestrians

Illinois law imposes a duty on drivers to exercise due care to avoid colliding with pedestrians and to sound a warning when necessary.

Right to use sidewalks and shoulder walking rules

When sidewalks exist, pedestrians must use them; where they do not, walking on a highway shoulder or near roadway edges is prescribed.

Right to obey traffic control devices

Pedestrians must obey applicable traffic control devices unless otherwise directed by a police officer.

These statutory rights reflect a balance of responsibilities between you, drivers, and municipal authorities.

How Furqan Mohammed Can Help

If you’ve been injured in a pedestrian accident, hiring a skilled attorney like Furqan Mohammed can make a meaningful difference. Here are reasons why legal representation is often essential:

  • Navigating complex liability and fault rules — Illinois applies modified comparative negligence, meaning your share of fault can affect or bar recovery.
  • Identifying all responsible parties — An attorney can help uncover multiple liable actors (drivers, owners, municipalities) and pursue claims against each.
  • Handling legal procedure and deadlines — Personal injury claims in Illinois generally must be filed within two years.
  • Managing negotiations with insurers — Attorneys are familiar with claims adjustment, evidence presentation, and reaching a fair resolution.
  • Coordinating expert evidence — Serious injuries often require medical, engineering, or accident reconstruction experts to link fault and damages.

Being injured in a pedestrian accident can leave you facing medical treatment, lost income, and uncertainty about what comes next. Furqan Mohammed has extensive experience handling personal injury claims involving pedestrians and understands the challenges you may face.

For a Free Consultation, contact Furqan Mohammed. Schedule an appointment with a pedestrian accident attorney today to discuss your situation and learn more about your options under Illinois law.

Frequently Asked Questions

Any injured pedestrian (or their family in a fatal case) may pursue a negligence claim if another party’s conduct caused or contributed to their harm.
In Illinois, most personal injury claims—including pedestrian accidents—must be filed within two years of the accident date. If death results, a wrongful death action must generally be filed within two years of death.
A claim generally involves filing a complaint, exchanging evidence (discovery), possibly engaging experts, and negotiating or proceeding to trial to establish fault and damages.
Because Illinois follows a modified comparative negligence rule, if you are found to be more than 50 % at fault, recovery is barred. Even if you recover, your award may be reduced proportionally to your share of fault.
You are entitled to pursue compensation for economic and non-economic losses, so long as you timely file under Illinois law, and your share of fault does not exceed allowable limits.