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Springfield Pedestrian Accident Lawyer
Walking near the Illinois State Capitol, along South Grand Avenue, or through the Old State Capitol Plaza should be safe. But pedestrian accidents happen every day in Springfield and across the Chicago metro area, and the injuries are often life-changing. If you or someone you love was struck by a car while walking, you need to understand your rights under Illinois law, and you need an attorney who will fight for every dollar you deserve. Briskman Briskman & Greenberg is ready to help.
Table of Contents
- The Pedestrian Accident Problem in Illinois Is Getting Worse
- Illinois Laws That Protect Pedestrian Accident Victims
- Common Injuries and What You Can Recover
- What to Do After a Pedestrian Accident in Springfield or Chicago
- Why Choose Briskman Briskman & Greenberg for Your Pedestrian Accident Case
- FAQs About Springfield Pedestrian Accident Lawyers
The Pedestrian Accident Problem in Illinois Is Getting Worse
The numbers are hard to ignore. Pedestrians account for 18.4% of all traffic fatalities in Illinois, representing an 11.3% increase from 2023 to 2024. That is a troubling trend for anyone who walks near busy roads, whether in Springfield’s downtown area, along MacArthur Boulevard, or anywhere across the state.
Crashes involving pedestrians accounted for 1.6% of total crashes in Illinois in 2024, but they accounted for 19.7% of fatal crashes. Think about that. Pedestrians are involved in a tiny fraction of all crashes, but they make up nearly one in five fatal crashes. That tells you everything about how vulnerable people on foot really are.
The six-county Chicago metro area faces particular challenges with pedestrian safety. Researchers point to several causes for the concerning trends statewide. The Insurance Institute for Highway Safety found that SUVs, pickups, and vans with hood heights greater than 40 inches are about 45% more likely to cause pedestrian deaths in crashes than vehicles with shorter hood heights. Distracted driving makes things worse. So does speeding. If you were hit by a driver who was not paying attention, or who was going too fast for conditions, you have a right to pursue compensation. Contact a Chicago pedestrian accident lawyer at Briskman Briskman & Greenberg to talk about what happened and what your options are.
Speed matters more than most drivers realize. Research shows that a vehicle traveling at 30 mph that strikes a pedestrian has roughly a 20% chance of causing death, while that risk drops to approximately 5% when a vehicle is traveling at 20 mph. When serious injuries are included alongside deaths, the risk at higher speeds becomes even more concerning. You can also learn more about how car speeds and pedestrian deaths are connected on our website.
Illinois Laws That Protect Pedestrian Accident Victims
Illinois has strong laws that protect people hurt in pedestrian accidents. Understanding these laws can help you see why your case matters and why acting quickly is so important.
First, Illinois follows a modified comparative negligence rule. Under 735 ILCS 5/2-1116, a plaintiff can still recover damages even if they were partly at fault, as long as their share of fault does not exceed 50%. However, any damages awarded will be reduced by the percentage of fault assigned to the injured person. So if a jury finds you were 20% at fault for stepping into traffic, your award would be reduced by 20%. This rule means that even if a driver tries to blame you for the accident, you may still recover a significant amount.
Second, Illinois law under 735 ILCS 5/2-1117 addresses joint and several liability. When multiple parties share fault, all defendants found liable are jointly and severally liable for past and future medical expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages too. This matters in pedestrian cases where more than one party, such as a driver and a municipality with a poorly maintained crosswalk, may share responsibility.
Third, under 625 ILCS 5/11-401, any driver involved in a crash that causes personal injury must immediately stop at the scene and remain there. A driver who flees the scene commits a Class 4 felony. If that driver also fails to report the crash within 30 minutes, the charge can rise to a Class 2 felony, or a Class 1 felony if someone dies. Knowing this law matters when a hit-and-run driver strikes a pedestrian near places like the Illinois State Fairgrounds or along Veterans Parkway.
Finally, the Illinois statute of limitations for personal injury claims is two years from the date of the accident under 735 ILCS 5/13-202. Missing that deadline almost always means losing your right to sue. Do not wait.
Common Injuries and What You Can Recover
Pedestrian accidents cause some of the most serious injuries seen in personal injury law. When a two-ton vehicle strikes a person with no protection, the results are often catastrophic. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal bleeding, and severe road rash. Some victims spend weeks or months in the hospital. Others deal with permanent disabilities that change every aspect of their lives.
If you were hurt in a pedestrian accident in the Springfield area or anywhere in Illinois, you may be able to recover compensation for a wide range of losses. These include:
- Past and future medical bills, including surgery, rehabilitation, and ongoing care
- Lost wages and lost earning capacity if your injuries prevent you from working
- Pain and suffering, both physical and emotional
- Permanent disability or disfigurement
- Loss of enjoyment of life
If a loved one was killed in a pedestrian accident, Illinois law also allows surviving family members to pursue a wrongful death claim. Under 740 ILCS 180/1, when a person’s death is caused by a wrongful act or neglect, the party who would have been liable if the person had survived is still liable after death. Damages in wrongful death cases can include punitive damages when applicable, meaning the court can award extra damages to punish especially reckless behavior. Losing a parent, spouse, or child to a preventable accident is devastating. Briskman Briskman & Greenberg treats every family with the care and respect they deserve during one of the hardest times of their lives.
As a Chicago personal injury lawyer team, we handle pedestrian accident cases throughout the Chicago metro area and across Illinois. We also work with clients in other parts of the state. If you are in the southern Illinois area, our Belleville personal injury lawyer team can help as well.
What to Do After a Pedestrian Accident in Springfield or Chicago
The steps you take right after a pedestrian accident can make a real difference in your case. Here is what you should do if you are able.
Call 911 right away. This creates an official police report, which is a critical piece of evidence. Under 625 ILCS 5/11-401, the driver involved in the crash is legally required to stay at the scene. If they left, report that to police immediately. Officers need to know.
Get medical attention, even if you feel okay at first. Adrenaline can mask pain. Some injuries, like internal bleeding or a traumatic brain injury, may not show clear symptoms right away. A medical record created close to the time of the accident is powerful evidence linking your injuries to the crash.
Gather information at the scene if you can. Get the driver’s name, license plate, and insurance information. Ask any witnesses for their contact details. Take photos of the scene, your injuries, the vehicle, and any road conditions that may have played a role, such as a broken crosswalk signal or a missing stop sign.
Do not give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Insurance adjusters are trained to ask questions in ways that can reduce or eliminate your claim. They may contact you quickly after the accident, while you are still in pain and confused. You do not have to speak with them.
Contact Briskman Briskman & Greenberg as soon as possible. The sooner we get involved, the better we can preserve evidence, identify witnesses, and build a strong case on your behalf. We serve clients across the Chicago area and beyond, including through our Belleville medical malpractice lawyer team for related injury claims. We also help clients injured in other ways, such as those who need a Buffalo Grove bike accident lawyer for cycling-related crashes.
Why Choose Briskman Briskman & Greenberg for Your Pedestrian Accident Case
Choosing the right attorney after a pedestrian accident is one of the most important decisions you will make. You want someone who knows Illinois personal injury law inside and out, who will communicate with you honestly, and who will fight hard for the best possible result.
Briskman Briskman & Greenberg has been serving injured clients in the Chicago area for decades. We handle pedestrian accident cases on a contingency fee basis, which means you pay nothing unless we recover money for you. There are no upfront costs and no hidden fees. We know that after an accident, the last thing you need is financial stress on top of everything else.
Our team investigates every case thoroughly. We work with accident reconstruction experts, medical professionals, and other specialists to build the strongest possible case for our clients. We know how insurance companies operate, and we know how to push back when they try to lowball a settlement or deny a valid claim.
Springfield residents who were hurt near landmarks like the Abraham Lincoln Presidential Library and Museum, the Dana-Thomas House, or while crossing busy routes like Route 66 or I-55 deserve real legal support. Whether your accident happened downtown, in a residential neighborhood, or at a dangerous intersection, Briskman Briskman & Greenberg will take your case seriously. We also handle cases involving pedestrians struck in the Chicago metro area, from the lakefront path along Lake Shore Drive to crosswalks in neighborhoods like Wicker Park, Pilsen, or Bronzeville.
We believe that every injured pedestrian deserves a strong advocate. If you were hurt because a driver was careless, distracted, or reckless, you should not have to bear those costs alone. Call us today for a free consultation. We are here to listen, answer your questions, and help you understand your legal options with no obligation.
FAQs About Springfield Pedestrian Accident Lawyers
How long do I have to file a pedestrian accident lawsuit in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of your accident to file a personal injury lawsuit in Illinois. If you miss this deadline, you will almost certainly lose your right to sue, no matter how strong your case is. There are limited exceptions, such as cases involving minors, but you should not count on any exception applying to your situation. Contact Briskman Briskman & Greenberg as soon as possible to protect your rights.
What if I was partly at fault for the pedestrian accident?
You may still be able to recover compensation even if you were partly at fault. Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. As long as your share of fault is 50% or less, you can still recover damages. Your award will be reduced by your percentage of fault. For example, if you are found 25% at fault and your damages are $100,000, you would recover $75,000. An attorney can help you fight efforts by the other side to inflate your share of the blame.
What if the driver who hit me fled the scene?
A hit-and-run is a serious crime in Illinois. Under 625 ILCS 5/11-401, a driver who flees the scene of a crash causing injury commits at least a Class 4 felony. Even if the driver is never found, you may still have options. Your own uninsured motorist coverage may apply. In some cases, other parties, such as a negligent property owner or a government entity responsible for road conditions, may also share liability. Briskman Briskman & Greenberg can help you explore every possible avenue for recovery.
What damages can I recover in a pedestrian accident case in Illinois?
You may be able to recover compensation for medical bills (past and future), lost wages, reduced earning capacity, pain and suffering, emotional distress, permanent disability, and loss of enjoyment of life. If a loved one was killed, the family may also pursue a wrongful death claim under 740 ILCS 180/1, which can include additional damages and, in cases of extreme recklessness, punitive damages. Every case is different, and the value of your claim depends on the severity of your injuries, the strength of the evidence, and other factors specific to your situation.
Do I need a lawyer for a pedestrian accident claim, or can I handle it myself?
You have the legal right to handle your own claim, but it is rarely a good idea after a serious pedestrian accident. Insurance companies have experienced adjusters and lawyers working to minimize what they pay. Without legal representation, you may accept a settlement that is far less than what your case is actually worth. A pedestrian accident attorney can investigate the crash, gather evidence, handle communications with the insurance company, and negotiate aggressively on your behalf. At Briskman Briskman & Greenberg, we work on a contingency fee basis, so there is no cost to you unless we win your case.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Springfield
- Springfield Bicycle Accident Lawyer
- Springfield Car Accident Lawyer
- Springfield Distracted Driving Accident Lawyer
- Springfield Drunk Driving Accident Lawyer
- Springfield Fatal Car Accident Lawyer
- Springfield Motorcycle Accident Lawyer
- Springfield Truck Accident Attorney
- Springfield Uber Accident Lawyer
- Springfield Lyft Accident Lawyer
- Springfield Uninsured Motorist Accident Lawyer
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