Pedestrian AccidentUpdated March 2026

Hit by a Car as a Pedestrian in Chicago?

Pedestrians have no protection in a crash. If a driver hit you, here’s how to protect your health and your rights.

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Key Takeaways

  • Call 911 immediately — pedestrians have zero protection in a collision, and injuries are almost always catastrophic including traumatic brain injuries, spinal cord damage, and shattered bones.
  • Illinois has a two-year statute of limitations for personal injury claims (735 ILCS 5/13-202); if you were hit by a government vehicle such as a CTA bus, you have just one year and must file formal notice within that period.
  • Under Illinois's comparative negligence rule (735 ILCS 5/2-1116), even if you were jaywalking, crossing against a signal, or distracted, you can still recover compensation as long as you were not more than 50% at fault.
  • In 2024, 38 pedestrians were killed in Chicago traffic crashes — roughly 35% of all traffic fatalities — and over 2,000 pedestrians are struck by vehicles in Chicago annually, with 48% of pedestrian fatalities in 2023 caused by SUVs or larger vehicles.
  • Be cautious about giving recorded statements to the driver's insurance — adjusters routinely try to blame pedestrians by arguing dark clothing, phone distraction, or failure to use a crosswalk to reduce your claim.
  • Most pedestrian accident attorneys work on contingency with free consultations and can handle right-of-way analysis, signal timing data, and aggressive comparative negligence arguments from insurers.
1

Get emergency medical care

As a pedestrian, you have zero protection in a collision with a vehicle weighing 3,000 pounds or more. The injuries are almost always catastrophic: traumatic brain injuries, spinal cord damage, shattered pelvis and legs, internal organ damage, and severe lacerations.

Call 911 immediately. Do not try to walk it off. Shock and adrenaline can mask the severity of your injuries for hours. Chicago has multiple Level I trauma centers equipped to handle the most severe pedestrian crash injuries.

2

Stay at the scene if you can

Get the driver’s information: name, phone number, insurance company, driver’s license number, and license plate. If the driver fled the scene, write down every detail you can remember about the vehicle — color, make, model, direction of travel.

Witnesses are critical in pedestrian accident cases. Ask anyone who saw the crash for their name and phone number. Use your phone to photograph the intersection, crosswalk markings, traffic signals, the vehicle, and your injuries. Check for nearby surveillance cameras that may have captured the crash.

3

File a police report

A police report is critical evidence in a pedestrian accident claim. CPD will respond to the scene if you call 911, or you can file a report at a CPD district station afterward.

You can obtain your crash report through the eCrash portal at chicagopolice.org/traffic-crash-reports or by calling (312) 745-5130. The report documents the driver, location, any citations issued, and witness information.

4

Understand pedestrian rights under Illinois law

Under Illinois law (625 ILCS 5/11-1002), drivers must yield the right-of-way to pedestrians in crosswalks and at intersections. Drivers are required to exercise due care to avoid striking a pedestrian at all times and must stop for pedestrians in school zones.

Pedestrians also have duties: use crosswalks when available, obey traffic signals, and do not step into the path of a vehicle that is so close it cannot stop. However, violating these duties does not automatically bar your claim — it may affect the percentage of fault assigned to you.

5

Illinois’s comparative negligence applies

Under 735 ILCS 5/2-1116, even if you were jaywalking, crossing against a signal, or distracted by your phone, you can still recover compensation as long as you were not more than 50% at fault for the accident.

Insurance companies routinely try to blame pedestrians — arguing you were not in a crosswalk, wore dark clothing, were looking at your phone, or stepped out too quickly. These are standard tactics to reduce what they pay. An attorney can counter these arguments with evidence.

6

If it was a hit-and-run, you still have options

Thousands of hit-and-run crashes occur in Chicago every year. If the driver fled, your own auto insurance’s uninsured motorist (UM) coverage is your primary path to compensation. Illinois insurers are required to offer UM coverage (215 ILCS 5/143a), and it covers injuries caused by unidentified drivers.

Cooperate fully with police — Chicago has an extensive camera network that helps identify fleeing drivers after the fact.

7

File within the statute of limitations

Illinois has a 2-year statute of limitations for personal injury claims (735 ILCS 5/13-202). If you were hit by a government vehicle such as a CTA bus or city truck, you have just 1 year and must file a formal notice within that period.

For wrongful death claims, the statute of limitations is 2 years from the date of death.

8

Talk to a pedestrian accident attorney

Pedestrian accident cases involve unique legal issues: right-of-way analysis, crosswalk regulations, signal timing data, and aggressive comparative negligence arguments from insurance companies.

Most pedestrian accident attorneys work on contingency — you pay nothing unless they recover compensation for you. A free consultation can help you understand the value of your claim and the best path forward.

Chicago Pedestrian Accident Facts

38 Pedestrian Deaths

In 2024, 38 pedestrians were killed in traffic crashes in Chicago — accounting for roughly 35% of all traffic fatalities in the city

Chicago Department of Transportation

2,000+

pedestrians struck by vehicles in Chicago annually. About 50 are killed and nearly all of the rest are injured

IDOT / Chicago Vision Zero

48% Killed by SUVs

In 2023, 48% of pedestrians killed in Chicago were hit by an SUV or larger vehicle. Larger vehicles are significantly more likely to cause fatal injuries to pedestrians

CDOT Traffic Crashes Annual Report

Vision Zero

Chicago committed to eliminating all traffic deaths by 2026 through its Vision Zero initiative. Despite progress in some areas, pedestrian fatalities remain stubbornly high

Why pedestrian accidents are so deadly

Pedestrians have no protection in a collision. At 20 mph, the fatality risk for a pedestrian is roughly 10%. At 40 mph, it jumps to 85%. Chicago’s arterial streets — which account for 34% of fatal and serious injury crashes — often have speed limits of 30 to 50 mph. Streets wider than 50 feet have 14 times more fatal crashes per mile than narrower streets.

Chicago’s most dangerous areas for pedestrians

The South and West Sides have the highest rates of pedestrian crashes. Major arterial roads like Pulaski, Cicero, Western, and Archer are among the most dangerous. The Loop sees high pedestrian volume and frequent conflicts with turning vehicles. IDOT-controlled roads make up just 9% of Chicago’s road network but accounted for 45% of fatal crashes in 2023.

Hit-and-run epidemic

Hit-and-run crashes are a severe problem in Chicago, and many pedestrian crashes involve drivers who flee the scene. Uninsured motorist coverage is the primary path to compensation when the driver is never identified. File a police report immediately and work to preserve dashcam, witness, and surveillance evidence before it disappears.

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Pedestrian Accident FAQ — Chicago & Illinois

Jaywalking does not automatically bar your claim. Illinois uses a comparative negligence system, meaning your compensation is reduced by your percentage of fault. The driver still had a legal duty to exercise due care to avoid hitting you. Your fault percentage may be higher if you were outside a crosswalk, but you can still recover damages.

If the driver fled, your own auto insurance’s uninsured motorist (UM) coverage is your primary option. Illinois requires insurers to offer UM coverage. Report the crash to police immediately and preserve any evidence. If the driver is later identified, you can pursue their insurance directly.

The CTA is a government entity, and you can file a claim against it. However, special rules apply: you must provide formal notice within 1 year, and specific procedures under the Illinois Tort Immunity Act must be followed. The shorter deadline makes it critical to act quickly.

Pedestrian injuries tend to be severe, which means compensation can be substantial. You may recover medical expenses (emergency room, surgery, rehabilitation, prosthetics, long-term care), lost wages, pain and suffering, emotional distress, disability, and loss of quality of life. In wrongful death cases, families can recover funeral costs, loss of companionship, and loss of financial support.

Distraction on your part may be considered comparative fault, but it does not bar your claim. The driver had an independent legal duty to exercise due care. Shared fault is common in pedestrian cases. Even if you are found 30–40% at fault, you can still recover 60–70% of your damages — which can be substantial given the severity of pedestrian injuries.

For claims against a private party, you have 2 years under 735 ILCS 5/13-202. If a government vehicle or road defect was involved, the deadline is just 1 year with formal notice requirements. Wrongful death claims must be filed within 2 years of the date of death.

You may have a claim against the government entity responsible for maintaining the road — whether that is the City of Chicago, Cook County, or IDOT. Government claims have shorter filing deadlines and require formal notice, so it is important to act quickly.

Yes, but less often than insurance companies suggest. Pedestrians can be found at fault for crossing against a signal, jaywalking, or darting into traffic. However, the driver always retains a duty of care. If you are 40% at fault, you still recover 60% of your damages. Insurance companies push fault percentages as high as possible — an attorney pushes back with evidence.

Related Guides in Chicago

Car Accident in Chicago
Hit-and-Run in Chicago
Drunk Driving Accident in Chicago
View all injury guides for Chicago, IL →

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InjuryNextSteps.com provides general informational content and is not a law firm. The information on this page does not constitute legal advice and should not be relied upon as such. Every accident is different. Contacting us does not create an attorney-client relationship. If you need legal advice, consult a licensed attorney in your jurisdiction. The legal information on this page references Illinois statutes and is current as of 2026 but may change. Always verify with a qualified attorney.

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