If a driver hit you while you were walking in Illinois, you generally have two years to file an injury lawsuit (735 ILCS 5/13-202). Illinois law requires drivers to stop and yield to a pedestrian in a crosswalk where no traffic signal is in operation (625 ILCS 5/11-1002) and to use due care to avoid hitting pedestrians (625 ILCS 5/11-1003.1). If you share some of the fault, you can still recover unless you are more than 50% at fault. Stavros Law Offices offers a free consultation. Call (847) 520-4810.

General information, not legal advice. Last reviewed: October 2026.

Common Causes of Pedestrian Accidents

Pedestrians have little protection when a vehicle is involved, so even low-speed crashes can cause serious injuries. Crashes we are asked about often involve:

• A driver who fails to yield in a crosswalk or while turning at an intersection
• A driver who is distracted, speeding or not watching for people on foot
• A vehicle backing out of a driveway, a parking space or a loading area
• Poor lighting, faded crosswalk markings, blocked sight lines or other road conditions
• A driver who leaves the scene after the crash (see our page on hit-and-run accidents)

Each crash turns on its own facts. We look at what the driver did, what the pedestrian did, and whether a property owner, employer or public body also played a part.

Crosswalks and Right of Way in Illinois

Several parts of the Illinois Vehicle Code speak directly to pedestrians. In plain terms:

• Crosswalks without a working signal: a driver must stop and yield to a pedestrian crossing within a crosswalk when the pedestrian is on the half of the roadway the driver is using, or is approaching from the other half so closely as to be in danger (625 ILCS 5/11-1002(a)).
• Stopped vehicles: a driver may not pass a vehicle that has stopped at a marked crosswalk, or at an unmarked crosswalk at an intersection, to let a pedestrian cross (625 ILCS 5/11-1002(d)).
• Due care: every driver must exercise due care to avoid colliding with a pedestrian or a person on a bicycle, sound the horn when necessary, and take proper precautions when a child or an obviously confused, incapacitated or intoxicated person is nearby (625 ILCS 5/11-1003.1).
• Pedestrian duties: a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is too close to stop (625 ILCS 5/11-1002(b)). A pedestrian crossing outside a marked crosswalk, or an unmarked crosswalk at an intersection, must yield to vehicles on the roadway (625 ILCS 5/11-1003(a)), and between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk (625 ILCS 5/11-1003(c)).
• Walking along a road: where a sidewalk is available and practicable to use, pedestrians should not walk on the adjacent roadway; where there is no sidewalk, they should use the shoulder, or, with no shoulder, walk near the outside edge of a two-way roadway on the left side (625 ILCS 5/11-1007).

At intersections with working traffic signals, the pedestrian and traffic signals matter. Photos and video of the signal phase can be important evidence.

Evidence After a Pedestrian Crash

Evidence can disappear quickly. If you can, or if someone can help you:

• Call 911, get medical care and ask for the police report number.
• Photograph the scene: crosswalk markings, signs, signals, lighting, skid marks, the vehicle and its plate, and your injuries.
• Get names and phone numbers for witnesses and for the driver, along with insurance information.
• Keep the clothing and shoes you wore and any damaged phone, bag or mobility device.
• Ask nearby businesses and homes about camera footage right away, because many systems record over old video.
• Keep medical records, bills and a short journal of symptoms and missed work.

Our car accident checklist covers these steps in more detail, and the Car Accident Resource Center explains what Illinois law requires after a crash.

Fault and Comparative Fault

Illinois uses modified comparative fault. If a jury finds you more than 50% at fault, you are barred from recovering damages; if you are not more than 50% at fault, any damages are reduced by your percentage of fault (735 ILCS 5/2-1116). Insurers often point to a pedestrian's conduct, such as crossing outside a crosswalk, looking at a phone or wearing dark clothing. Those arguments are not automatic wins for the insurer: the driver's own duties still apply, and fault is decided on the facts. See our guide to comparative fault in Illinois.

Insurance That May Apply to a Pedestrian Claim

• The driver's liability insurance. This is usually the first place to look. Limits vary, and some drivers have no coverage.
• Uninsured and underinsured motorist coverage. Illinois auto liability policies must include uninsured motorist coverage, including for hit-and-run vehicles (215 ILCS 5/143a). Whether a pedestrian counts as an insured person depends on the policy, so check policies in your household. See uninsured and underinsured motorist coverage.
• Other coverage. Medical payments coverage and health insurance may help with bills while a claim is pending. What they pay, and whether they must be repaid from a settlement, varies by policy.

Be careful with recorded statements and broad medical authorizations. Our guide to dealing with insurance after a crash explains what to expect, and who pays medical bills after a car accident covers the bills.

Children, Parking Lots and Government Property

Children. Drivers must take proper precautions around children (625 ILCS 5/11-1003.1). A person who was under 18 when the claim arose generally may bring the action within two years after turning 18 (735 ILCS 5/13-211). Do not rely on that extra time without asking a lawyer how it applies.

Parking lots and driveways. Which traffic rules apply in a private lot can differ from public streets, and the property owner or manager may also share responsibility for unsafe conditions. See our premises liability page.

Roads, sidewalks and crossings. If a city, village, township or other local public body may be involved, for example through a broken sidewalk or a poorly maintained crossing, a civil action against a local public entity or its employees generally must be commenced within one year (745 ILCS 10/8-101). Tell us early if a public body may be involved.

Deadlines for Pedestrian Injury Claims

Most Illinois personal injury lawsuits must be filed within two years after the injury (735 ILCS 5/13-202). Talking to an insurer does not stop that clock; only filing in court does. A claim after a pedestrian death is a wrongful death claim with its own rules, explained on our wrongful death page. Our guide to Illinois personal injury deadlines covers the exceptions.

Related Pages

Hurt on two wheels instead? See bicycle accidents in Illinois. If a ride-hailing vehicle was involved, see Uber and Lyft accidents. For other crash types, see car accidents, motorcycle accidents, truck accidents and our personal injury overview.

Our county pages explain where injury cases are filed: Cook County, Lake County, DuPage County, Kane County and McHenry County.

Frequently Asked Questions

Who has the right of way, a pedestrian or a driver, in Illinois?

In a crosswalk where no traffic signal is in operation, the driver must stop and yield to a pedestrian who is on the driver's half of the roadway or approaching so closely as to be in danger (625 ILCS 5/11-1002). Pedestrians crossing outside a crosswalk must yield to vehicles (625 ILCS 5/11-1003). Drivers must also use due care to avoid hitting a pedestrian in any case.

Can I recover if I was crossing outside a crosswalk?

Possibly. Crossing outside a crosswalk can be used to argue that you share fault, but you are barred only if you are more than 50% at fault. If you are not more than 50% at fault, your damages are reduced by your percentage (735 ILCS 5/2-1116). Fault is decided on the facts.

What if the driver left the scene?

Report the crash to police right away. Your own uninsured motorist coverage may apply to hit-and-run vehicles (215 ILCS 5/143a), depending on the policy and who counts as an insured person. See our hit-and-run page for more.

How long do I have to file a pedestrian accident lawsuit in Illinois?

Generally two years from the date of injury (735 ILCS 5/13-202). A claim against a local government body can carry a one-year deadline (745 ILCS 10/8-101), and children have extra time in some cases (735 ILCS 5/13-211). Confirm your deadline as soon as possible.

Should I talk to the driver's insurance company?

You can report basic facts, but be careful with recorded statements and broad medical authorizations before you understand your injuries and your rights. An attorney can talk with you about what to say and sign.

Does it cost anything to talk to a lawyer?

No. Stavros Law Offices offers a free consultation. Call (847) 520-4810 to schedule one.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. We handle pedestrian injury claims for clients in our service area from our Wheeling office. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Free consultation. Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged. Past results do not guarantee a similar outcome. Laws, deadlines and court procedures change and every case is different. Last reviewed: October 2026.