When a car hits a pedestrian, the injuries are almost always more severe than in a vehicle-to-vehicle collision. The reason is basic physics. In a car accident, both parties have steel frames, airbags, seatbelts, and crumple zones absorbing the energy of the impact. A pedestrian has none of that protection. The full force of a two-ton vehicle is absorbed by the human body.
Lower extremity fractures are the most common pedestrian injury because the bumper of a car strikes at approximately knee height. Tibial plateau fractures, femur fractures, knee ligament tears, and ankle fractures are all typical. These injuries often require surgical fixation with plates, screws, and rods, followed by months of rehabilitation. Many result in permanent limitations on mobility and chronic pain.
Traumatic brain injuries are the second most common category because the pedestrian either strikes the hood and windshield of the car or is thrown to the ground and hits the pavement. TBIs in pedestrian cases tend to be more severe than in car accidents because there is no headrest or airbag to cushion the impact. The cognitive, emotional, and behavioral effects of a moderate to severe TBI can last a lifetime.
Internal organ injuries from the blunt force trauma of being struck by a vehicle include splenic rupture, liver laceration, kidney damage, and internal bleeding. These injuries may not be immediately apparent, which is why any pedestrian who has been hit by a car must go to the emergency room for evaluation even if they feel they can walk away. Internal bleeding can be life-threatening if not identified and treated promptly.
Spinal cord injuries in pedestrian cases can result in partial or complete paralysis. The mechanism is usually the pedestrian being thrown into the air and landing on the pavement, or being run over after the initial impact knocks them to the ground. These are catastrophic, life-altering injuries that require lifelong medical care and support.
The severity of pedestrian injuries means the damages in these cases are typically higher than in comparable car accident cases. Medical bills are higher. Lost wages are higher because the recovery takes longer. Pain and suffering is higher because the injuries are more painful and more debilitating. Permanent impairment is higher because the injuries are more likely to result in lasting disability. If you were hit by a car while walking, call me at 312-500-4500.
It’s generally assumed that when a pedestrian and a car collide, it’s the driver who’s at fault. This is true in a lot of cases but not in every single instance.
Pedestrians who show flagrant disregard for crosswalks or traffic signals might find that even though they were injured, it was their own fault.
Drivers who fail to yield at marked crosswalks are more likely to be at fault than pedestrians.
There are dozens of instances defined by different state and city ordinances that state pedestrians have the right of way. Drivers who go above the speed limit in designated slow zones are also at fault.
But how do you prove these things without evidence?
Often the only things to show are the testimony and medical exams. It can be very complicated to determine fault.
If you were injured in the course of your accident, you can claim an injury with the driver’s car insurance company to get the bills paid.
This third-party claim, as it’s called, is meant to cover medical bills, income lost due to injury, and any costs related to pain and suffering. Take some time to calculate damages on your own.
Injured pedestrians are usually offered a settlement, though insurance companies will try to offer a low payout. If the amount is inadequate for your needs, you’ll need to take it up in civil court.
This is where a pedestrian accident attorney can help you figure out how much you’re entitled to and ensure you win your case.
If you’ve been injured in an accident, the worst thing you could face is that the driver sped off and left you injured at the scene. Hit-and-runs carry severe penalties for drivers, in the case that they’re caught of course.
If the driver who hit you was never caught, you face significant hurdles in receiving compensation.
After talking with the police and beginning an investigation, you can call a lawyer and see what they can do. They could help by speaking to your insurance company to ensure that you can get the most out of your coverage.
Filing a lawsuit is all about timing. Waiting too long before you get the ball rolling can cause all sorts of issues with getting the settlement you need.
Lawyers will know the local statute of limitations for how long you can file a suit. They will also press you to get as many photos and as much documentation of your injuries as possible from your accident.
The amount of your settlement could be severely limited by how long you wait to file your suit. Your pedestrian accident attorney will set the schedule to ensure the best results.
It’s not uncommon for insurance companies to try to lower the amount of the settlement they’re required to offer the injured.
While you may think it most prudent to contact the driver’s insurance company and work out any issues with them, they may not be looking out for you.
The aim of insurance companies is to spend the least amount of money and attend the least amount of court proceedings. If they can offer you a number that sounds tempting, before you’ve calculated all of your damages, they will consider it a win.
A pedestrian accident attorney knows these tricks and can help you from falling prey to them. They can help you get a settlement whether you were hit by a car, motorcycle, bicycle or a rogue car part that flung off a vehicle.
If you spend too much time working with the insurance company, they may be building a case against you in order to keep from having to give you money. The longer you spend speaking to an insurance company, the harder it may be for an attorney to win a case for you.
An experienced attorney knows when to settle a lawsuit and when they should take the driver or their insurance company to court. While you may feel fine in the first couple of days following an accident, spinal or internal injuries can take weeks or months to arise.
Your lawyer will ask you to get an exam so that they can determine how much you should pursue in damages. If you’ll spend the next year in physical therapy following an accident, you shouldn’t have to pay for that out of your own pocket.
If you contact an attorney soon enough, they’ll be able to send a team down to look at the scene of the accident, take photos and build their case.
Once they’ve built a case to support your position, they can help ensure your needs are met via a settlement.
When you add all of your medical bills together and start including lost wages and therapy, you could be spending a lot of money to get back to 100%. If your attorney gets a good settlement and takes only a small percentage, you could get back to normal comfortably, as you deserve.
Pedestrian accidents produce the most serious injuries of any motor vehicle incident — the human body absorbs full vehicle impact with no protection. Yet insurance companies routinely challenge pedestrian claims by arguing the pedestrian wasn't in a crosswalk, was wearing dark clothing, was distracted by a phone, or stepped into traffic. An attorney who understands pedestrian accident liability, Illinois traffic law, and how to counter these arguments is essential. The stakes — catastrophic injuries, permanent disability — are too high to handle without representation.
I investigate the accident scene immediately, before evidence disappears. I obtain the police report and identify any errors or omissions. I send preservation letters for surveillance footage and witness information. I build the liability case with traffic engineering analysis if needed. I document your damages completely — not just current medical bills but future care, lost earning capacity, and the full human impact on your life. And I negotiate from a position of genuine trial readiness, which produces better settlements than going in without that credibility.
Chicago has surveillance cameras everywhere — traffic signals, businesses, doorbell cameras, and transit cameras. I request preservation of all relevant footage immediately upon retention because many systems overwrite within 24 to 72 hours. The police report and physical evidence at the scene — skid marks, debris fields, impact points — can establish what happened even without eyewitnesses. Accident reconstruction experts can analyze the physical evidence to recreate the collision. Lack of witnesses is a challenge, not a case-ender.
Two years from the date of the accident. If a government entity is involved — a city vehicle, a road defect — notice of claim requirements may impose shorter deadlines. If the pedestrian is a minor, the statute of limitations is tolled until they turn 18. Call me as soon as possible after the accident — early investigation produces better evidence and better outcomes. 312-500-4500. Free consultation, no fee unless we win.
Would you like to know more about why hire pedestrian accident lawyer?
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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