Key Takeaways
- Accept the ambulance. Declining it is used later to argue the injury was minor.
- Keep your clothing unwashed. It can carry paint transfer and shows the impact.
- Do not say you are fine, or that it was your fault. You do not yet know either.
- Get the details of anyone who stopped, not just the driver.
- Note the location precisely. Whether you were in a crosswalk decides a great deal.
At the scene
Being struck on foot is different from a collision between vehicles. There is no vehicle to shelter in, no exchange of insurance in the ordinary way, and the person who was hurt is often the least able of everyone present to gather anything.
| Step | Why |
|---|---|
| Stay still if you can | Spinal and pelvic injuries are common and worsened by moving |
| Call 911 | Immediate police notice is required by 625 ILCS 5/11-407 where there is injury |
| Note exactly where you were | Crosswalk or not changes which duties applied |
| Ask a bystander to photograph | Vehicle position and damage cannot be recreated later |
| Get witness contact details | Independent accounts carry more weight than the driver’s |
Take the ambulance
People routinely decline transport because they feel able to walk, and it is one of the most costly decisions available at the scene.
Adrenaline masks injury reliably. Internal bleeding, fractures and head injuries can present hours later, and a pedestrian has absorbed the impact directly. There is also a claims consequence, and it is worth being blunt about it: an insurer will treat a refusal of medical attention, and any gap before the first medical record, as evidence that the injury was minor or was caused by something else. That argument is answered by records, and records only exist if you are seen.
Your clothing is evidence
This is specific to pedestrian cases and it is almost always missed, because clothing is either cut off at the roadside or bagged at the hospital and thrown away later.
- Keep everything, including shoes and anything paramedics cut.
- Do not wash any of it. Paint transfer can identify a vehicle in a hit-and-run.
- Photograph it before it goes anywhere.
Tear and scuff patterns also help establish how the impact happened, which bears directly on the speed of the vehicle.
What not to say
- Do not say you are fine. You do not know that yet, and it will be quoted back.
- Do not apologize. It is instinctive, and it is treated as an admission.
- Do not agree you “came out of nowhere.” Drivers say this to explain their own failure to look, and it is not a description of what you did.
- Be careful with recorded statements to the driver’s insurer, which you are generally not obliged to give.
Why the location matters so much
Where you were standing determines which rules applied, so record it precisely, including which corner and which direction you were walking.
- In a crosswalk: the driver was required to stop and yield under 625 ILCS 5/11-1002(a).
- Beside a stopped vehicle: a driver overtaking that vehicle at a crosswalk was prohibited from doing so under 11-1002(d).
- Outside a crosswalk: you were required to yield under 11-1003(a), but the driver’s duty of due care still applied under 11-1003.1, and your own fault only bars recovery above 50%.
That last point matters more than any other, and it is set out in can pedestrians recover if partly at fault.
If the driver left
Report it immediately and preserve your clothing. Coverage may be available under an applicable policy even though you were on foot, because 215 ILCS 5/143a requires Illinois policies to cover bodily injury caused by hit-and-run vehicles. See hit-and-run pedestrian accidents.
In the following days
- Attend every appointment. Gaps in treatment are the most common argument against the value of a claim.
- Identify cameras facing the location and ask for footage in writing before it is overwritten.
- Check whether a public body may be involved, because that shortens the deadline to one year under 745 ILCS 10/8-101(a), or against the CTA under 70 ILCS 3605/41.
- Do not post about it, including photographs that suggest you are active.
Preguntas frecuentes
What should I do right after being hit by a car in Illinois?
Stay still if you can, call 911, note exactly where you were standing, ask a bystander to photograph the scene and vehicle, collect witness details, accept the ambulance, and keep the clothing you were wearing without washing it.
Should I go to hospital if I feel able to walk?
Yes. Adrenaline masks injury, and internal bleeding, fractures and head injuries can present hours later. Declining transport is also used by insurers to argue the injury was minor or was caused by something else, and that argument is answered only by medical records.
Why does my clothing matter?
It can carry paint transfer that identifies a vehicle, which is decisive in a hit-and-run, and tear and scuff patterns help establish how the impact happened. Keep everything including shoes and anything cut off by paramedics, and do not wash it.
Does it matter whether I was in a crosswalk?
It changes which duties applied. In a crosswalk the driver had to stop and yield under 625 ILCS 5/11-1002(a). Outside one you had to yield under 11-1003(a), but the driver still owed a duty of due care under 11-1003.1, and your own fault reduces rather than bars recovery unless it exceeds 50%.
Should I speak to the driver’s insurance company?
Be careful. You are generally not obliged to give a recorded statement to the other side’s insurer, and such statements are commonly used to obtain small concessions that later support a higher fault percentage against you.
How long do I have to make a claim?
Two years for personal injury under 735 ILCS 5/13-202, but one year where a local public entity or its employee is a defendant under 745 ILCS 10/8-101(a), and one year against the Chicago Transit Authority under 70 ILCS 3605/41. Pedestrian cases involve sidewalks, crossings and transit vehicles often, so this should be checked early.
Talk to an Elmwood Park pedestrian accident lawyer
The evidence that decides a pedestrian claim is mostly gathered by other people in the first hour, while the person who was hurt is on the ground or in an ambulance. That is why so much of it is missing later.
If you or a family member were struck in Elmwood Park, Oak Lawn, Skokie, Niles, Orland Park or anywhere in Cook County, Lawyer Furqan will secure the footage and the clothing before either disappears, and will check whether a public body shortens your deadline.
Call 847-800-8978 or contact us online. The consultation is free, there is nothing upfront, and you owe no attorney’s fee unless we win.
Sources and authorities cited
- 625 ILCS 5/11-1002(a) and (d) · stop and yield at crosswalks; no overtaking a stopped vehicle
- 625 ILCS 5/11-1003(a) · pedestrians to yield outside a crosswalk; 11-1003.1 · drivers to exercise due care
- 625 ILCS 5/11-407(a) · immediate notice to police
- 215 ILCS 5/143a · uninsured and hit-and-run coverage
- 735 ILCS 5/2-1116, 13-202, 745 ILCS 10/8-101(a), 70 ILCS 3605/41
This article is general legal information about Illinois law, not legal advice, and creates no attorney-client relationship. Nothing here predicts a result in any particular case.
