Our Lawyers
Aurora, IL Pedestrian Accident Lawyer
If you were struck by a vehicle while walking in Aurora, you know how fast everything can change. One moment you’re crossing at Galena Boulevard, walking near the Fox River Trail, or heading through the downtown district on New York Street, and the next you’re dealing with broken bones, hospital bills, and a driver who may be denying fault. A pedestrian accident can turn your life upside down, and you deserve real answers about your legal rights. At Briskman Briskman & Greenberg, we help injured pedestrians and their families fight for the compensation they need to move forward.
Table of Contents
- Pedestrian Accidents in Aurora Are a Growing Problem
- Illinois Law and Your Rights as an Injured Pedestrian
- What Compensation Can You Recover After a Pedestrian Accident?
- Common Accident Scenarios We Handle in Aurora
- Why Work With Briskman Briskman & Greenberg?
- FAQs About Aurora, IL Pedestrian Accidents
Pedestrian Accidents in Aurora Are a Growing Problem
Aurora is the second-largest city in Illinois. It sits at the crossroads of major roadways, including Interstate 88, Route 59, and Route 31, all of which carry heavy traffic through neighborhoods, shopping corridors, and school zones. That combination of high traffic volume and busy pedestrian areas creates real danger for people on foot.
The numbers back this up. According to the Illinois Department of Transportation (IDOT), pedestrians account for 18.4% of all traffic fatalities in Illinois, representing an 11.3% increase from 2023 to 2024. Statewide, pedestrian deaths have surged, with 219 pedestrians losing their lives in crashes in 2024, a 9.5% increase from the 200 fatalities recorded in 2023. Even more concerning for Aurora residents, the six-county region of Cook, DuPage, Kane, Lake, McHenry, and Will counties saw 144 pedestrian fatalities in 2024, up 6.7% from 135 the previous year.
Aurora sits within Kane County, placing it squarely in this high-risk region. Busy intersections like Farnsworth Avenue and Molitor Road, as well as high-speed corridors near the Fox Valley Mall and along Ogden Avenue, see consistent pedestrian activity. When drivers speed, run red lights, or simply fail to pay attention, the people walking those streets pay the price. If you or someone you love was hurt, a Chicago pedestrian accident lawyer at Briskman Briskman & Greenberg can help you understand what your case is worth and what steps to take next.
What causes these crashes? Factors include the growing popularity of larger SUVs and trucks, which pose greater risk to pedestrians, widespread distracted driving and walking due to smartphone use, and a lack of safe pedestrian infrastructure such as well-lit crosswalks and sufficient sidewalks. Speed also plays a major role. You can learn more about how car speeds and pedestrian deaths are directly connected on our website.
Illinois Law and Your Rights as an Injured Pedestrian
Illinois law gives injured pedestrians the right to pursue compensation from the at-fault driver, and in some cases, from other parties as well. Understanding how the law applies to your situation is the first step toward protecting yourself.
One of the most important rules to know is Illinois’ modified comparative negligence standard. Under 735 ILCS 5/2-1116, if you share some fault for the accident, you can still recover damages as long as your share of fault is 50% or less. Your total recovery is simply reduced by your percentage of fault. For example, if a jury finds you were 20% at fault for crossing outside a marked crosswalk, and your damages total $100,000, you would still be able to recover $80,000. However, if you are found more than 50% at fault, you cannot recover anything. This rule matters because insurance companies often try to blame the pedestrian to reduce or deny claims.
Illinois also follows joint and several liability rules under 735 ILCS 5/2-1117. When multiple defendants share fault, all of them are jointly and severally liable for your past and future medical expenses. Any defendant found to be 25% or more at fault is also jointly and severally liable for all other damages. This means that if one driver is uninsured or underinsured, you may still be able to collect the full amount from another responsible party.
You also need to act within the legal deadline. Under 735 ILCS 5/13-202, personal injury claims in Illinois must be filed within two years of the date of the accident. Miss that deadline, and you lose your right to sue, no matter how strong your case is. Don’t wait. Contact a Chicago personal injury lawyer at Briskman Briskman & Greenberg as soon as possible after your accident.
What Compensation Can You Recover After a Pedestrian Accident?
When a driver’s negligence injures you, Illinois law allows you to seek compensation for a wide range of losses. Many people are surprised by how much a serious pedestrian accident can cost, both financially and personally.
You may be able to recover damages for your medical bills, including emergency room visits, surgeries, physical therapy, and ongoing treatment. If your injuries keep you from working, you can also claim lost wages and, in cases of permanent disability, loss of future earning capacity. Pain and suffering, emotional distress, and reduced quality of life are also compensable under Illinois law. These are sometimes called non-economic damages, and they can be significant in cases involving serious injuries like traumatic brain injuries, spinal cord damage, or multiple fractures.
If a loved one died in a pedestrian accident, Illinois’ Wrongful Death Act (740 ILCS 180/1) may apply. Under this law, when a person’s death is caused by a wrongful act, neglect, or default, the responsible party remains liable for damages even though the victim has passed. The law allows surviving family members to seek compensation for grief, loss of companionship, and financial support the deceased would have provided. Punitive damages may also be available in certain cases. This is an incredibly difficult situation to face, and having a knowledgeable legal team in your corner can make a real difference.
Our team serves clients across the Chicago metro area and beyond. Whether your case involves a crash in Aurora, or you need a Belleville personal injury lawyer, Briskman Briskman & Greenberg is ready to help.
Common Accident Scenarios We Handle in Aurora
Pedestrian accidents in Aurora happen in many different ways, and each situation involves its own set of legal questions. Here are some of the most common scenarios we see.
Crosswalk accidents are among the most frequent. A driver runs a red light at a busy intersection, like Route 59 and Liberty Street, and strikes a pedestrian who had the right of way. Failure to yield at crosswalks is one of the leading causes of pedestrian injuries in urban areas. Drivers have a legal duty to stop for pedestrians in marked and unmarked crosswalks under Illinois traffic law.
Hit-and-run accidents are also a serious problem. When a driver flees the scene, victims often feel like they have no options. But you may still be able to recover compensation through your own uninsured motorist coverage or by identifying the driver through surveillance footage, witness accounts, or police investigation. We help clients pursue every available avenue of recovery.
Parking lot accidents near the Fox Valley Mall or commercial strips along Ogden Avenue are another common scenario. Property owners have duties under the Illinois Premises Liability Act (740 ILCS 130) to maintain safe conditions for people on their property. If poor lighting, missing crosswalk markings, or broken pavement contributed to your accident, the property owner may share liability.
Accidents involving large vehicles, like delivery trucks or buses, are also common near Aurora’s commercial districts. These crashes tend to cause more severe injuries because of the size and weight of the vehicles involved. If a commercial vehicle was involved, the trucking company or employer may also bear responsibility. Our team also handles related cases, including those requiring a Buffalo Grove bike accident lawyer, where similar negligence issues arise.
Why Work With Briskman Briskman & Greenberg?
After a pedestrian accident, you are likely dealing with pain, stress, and uncertainty. Insurance adjusters may contact you quickly, asking for recorded statements or pushing you to accept a fast settlement. That settlement is almost always far less than what your case is actually worth. Having an experienced legal team on your side changes the dynamic entirely.
At Briskman Briskman & Greenberg, we handle pedestrian accident cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you. We investigate accidents thoroughly, gather police reports, medical records, witness statements, and surveillance footage, and we build the strongest possible case on your behalf. We know how to deal with insurance companies, and we are prepared to take your case to court if that is what it takes to get you a fair result.
We serve clients in Aurora and throughout the greater Chicago area, including Kane County, DuPage County, and Cook County. The Kane County Courthouse in Geneva is where many Aurora-area personal injury cases are litigated, and we are familiar with the local court system and procedures. We also handle cases involving medical negligence, and if you need a Belleville medical malpractice lawyer, our broader network of resources can assist.
We understand that no two pedestrian accident cases are exactly alike. What matters most to us is understanding your specific situation, your injuries, your financial losses, and your goals, and then working hard to get you the outcome you deserve. If you were hurt while walking in Aurora or anywhere in the Chicago metro area, call Briskman Briskman & Greenberg today for a free consultation.
FAQs About Aurora, IL Pedestrian Accidents
How long do I have to file a pedestrian accident claim 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 lose your right to seek compensation in court. That is why it is important to speak with an attorney as soon as possible. Gathering evidence, identifying witnesses, and building your case takes time, and starting early gives you the best chance at a strong outcome.
What if the driver who hit me claims I was jaywalking?
Illinois uses a modified comparative negligence rule under 735 ILCS 5/2-1116. Even if you were partially at fault, you can still recover damages as long as your share of fault is 50% or less. Your recovery would be reduced by your percentage of fault. So if you were 25% at fault and your damages are $80,000, you could still recover $60,000. Insurance companies often raise the jaywalking argument to reduce payouts, which is exactly why having a lawyer on your side matters.
Can I file a claim if the at-fault driver has little or no insurance?
Yes, you may still have options. Illinois requires drivers to carry minimum liability insurance, but not all drivers comply. If the at-fault driver is uninsured or underinsured, you may be able to make a claim under your own uninsured or underinsured motorist coverage. In some cases, other parties, such as a vehicle owner, an employer, or a property owner, may also share liability. We help clients identify every possible source of recovery.
What if my loved one was killed in a pedestrian accident in Aurora?
If a family member was killed due to a driver’s negligence or wrongful conduct, Illinois’ Wrongful Death Act (740 ILCS 180/1) allows surviving family members to pursue a claim. You may be able to recover compensation for loss of financial support, loss of companionship, grief, and in some cases, punitive damages. These cases are legally complex and emotionally difficult, and having a dedicated legal team handle the process can relieve significant stress during an already painful time.
What should I do right after a pedestrian accident in Aurora?
First, call 911 and get medical help immediately, even if you feel okay at first. Some injuries, like internal bleeding or traumatic brain injuries, may not show symptoms right away. Stay at the scene if you can and get the driver’s name, contact information, and insurance details. Take photos of the scene, your injuries, and any vehicle involved. Get contact information from any witnesses. Then, call a personal injury attorney before speaking to any insurance company. Anything you say to an adjuster early on can be used to minimize your claim.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Aurora, IL
- Aurora, IL Bicycle Accident Lawyer
- Aurora, IL Car Accident Lawyer
- Aurora, IL Distracted Driving Accident Lawyer
- Aurora, IL Drunk Driving Accident Lawyer
- Aurora, IL Fatal Car Accident Lawyer
- Aurora, IL Motorcycle Accident Lawyer
- Aurora, IL Truck Accident Attorney
- Aurora, IL Uber Accident Lawyer
- Aurora, IL Lyft Accident Lawyer
- Aurora, IL Uninsured Motorist Accident Lawyer
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