
So you just got hit by a car in Chicago. You're shaken up. Maybe hurt. And you're wondering what to do after being hit by car in Chicago to make sure you don't mess up your case.
I've handled a lot of these cases over the years. And I can tell you right now—what you do in the next few hours makes all the difference. Do the right things, you protect your case. Do the wrong things, or nothing at all, and you're going to have a much harder time getting what you deserve.
Most of these accidents happen when someone's crossing the street. Best case scenario? You're in a crosswalk, you've got the light, and there are witnesses who saw the whole thing. But even if it's not that clean, there are three things you've got to do after being hit by car in Chicago. These are the things that win cases.
Before I get into what to do after being hit by car in Chicago, you need to understand something. The insurance company is going to say you "darted out" into traffic. That's their go-to defense in almost every pedestrian case.
Does that actually happen sometimes? Sure. But here's what happens most of the time: the driver was distracted.
They're on their phone. Messing with the radio. Eating. Drinking coffee. Looking for an address. Maybe they're screaming at someone on speakerphone. Whatever it is, they're not looking at the road.
And that's how you got hit.
But just because it's the driver's fault doesn't mean they're going to admit it. That's why you've got to do these three things.
This is everything. Where exactly were you when the car hit you?
Were you in a crosswalk? If yes, your case just got a lot stronger. Illinois law says pedestrians have the right of way in crosswalks. Driver hits you there? They're pretty much at fault.
Outside the crosswalk but still at an intersection? You've still got rights. Drivers have to yield to pedestrians at intersections.
In a parking lot? Those cases are trickier, but drivers still have to watch out for people walking.
If you can, take pictures right there at the scene. Get the crosswalk markings. The traffic signals. Any signs. If you're too hurt to do it yourself, ask someone else to take the photos for you.
I've handled cases where everything came down to proving exactly where in the intersection the person was standing. Get this documented now or you'll be fighting an uphill battle later.
If anybody saw what happened, get their name and phone number. Right now. Don't wait.
The police might get witness statements. They might not. In Chicago, they often don't bother. So you've got to do it yourself.
A witness who can back up your story—that you were in the crosswalk, that you had the light, that the driver wasn't paying attention—is worth their weight in gold. I've seen witness testimony turn a denied claim into a solid settlement.
Ask them:
Even if they only showed up after the crash, they might've seen important stuff. How the driver was acting. Whether they seemed distracted. What they said at the scene.
Don't wait on this. People leave. And finding them later is basically impossible.
Here's the thing insurance adjusters do. They call you within a few hours of the accident. They sound really nice and helpful. And they say they just need you to tell them what happened "for the record."
Do not do it.
They're not trying to help you. They're trying to get you to say something they can use against you later.
They'll ask leading questions:
I've seen insurance companies take one sentence from these calls and use it to deny an entire claim.
You don't have to talk to the driver's insurance company. At all. Tell them you're going to talk to a lawyer first. If they keep pushing, hang up.
Find out if you have a good case, or a tough one...for free!
When someone hires me after getting hit by a car in Chicago, here's what happens:
I go back to the accident scene and document everything. I find witnesses before they disappear. I get surveillance footage before it gets deleted. I deal with the insurance companies so they can't trick you into saying something that hurts your case.
I work with doctors to document your injuries properly. I figure out what your case is really worth—not just your medical bills now, but future treatment, lost wages, all of it.
And then I fight to get you every dollar you're owed.
You don't go through this alone.
Look, knowing what to do after being hit by car in Chicago can be the difference between getting fair compensation and getting nothing.
If you got hit by a car in Chicago, call me right now: 312-500-4500
Free consultation. We work on contingency—you don't pay anything unless we win your case.
The insurance companies are already working against you. Let me fight for you.
First, get medical attention immediately — even if you think you're okay, adrenaline can mask serious injuries like internal bleeding or traumatic brain injuries. Second, document everything — get the driver's information, take photos of the scene, and get witness contact info. Third, call a pedestrian accident lawyer before talking to any insurance company. These three steps protect both your health and your legal rights.
In most cases, the driver is at fault because Illinois law requires motorists to yield the right of way to pedestrians in crosswalks and exercise due care to avoid hitting pedestrians at all times (625 ILCS 5/11-1002). However, the insurance company will try to argue that the pedestrian was jaywalking, distracted, or otherwise contributed to the accident. Even if you were partially at fault, you can still recover under Illinois comparative negligence law as long as you were less than 50% responsible.
Pedestrian accidents typically result in more severe injuries than car-on-car crashes because pedestrians have no protection. Broken bones, head injuries, spinal damage, and internal organ injuries are common. Cases involving moderate injuries like fractures can be worth $100,000 to $300,000. Serious cases involving traumatic brain injury, spinal cord damage, or wrongful death can be worth $500,000 to several million dollars. The value depends on your injuries, medical bills, lost wages, and the impact on your life.
No — not without a lawyer. The insurance adjuster will call you quickly, sounding friendly and concerned, but their goal is to get you to say something that reduces the value of your claim. Statements like "I didn't see the car" or "I'm feeling okay" can be used against you. Let your attorney handle all communication with the insurance company. That's what we're here for.
You generally have two years from the date of the accident under the Illinois statute of limitations (735 ILCS 5/13-202). However, if the vehicle that hit you was a city bus, CTA vehicle, or other government vehicle, the deadline is shortened to one year and you must provide written notice within six months. Don't wait — the sooner you contact a lawyer, the better we can preserve evidence and build your case. Call 312-500-4500.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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