Bloomington Pedestrian Accident Lawyer

Pedestrian accidents happen fast. One moment you are crossing the street near Eastland Mall or walking along Veterans Parkway, and the next, your life is changed forever. If you or someone you love was hurt in a pedestrian accident in Bloomington, IL, you have real legal rights, and the clock is already ticking. At Briskman Briskman & Greenberg, we help injured pedestrians across Illinois fight for the compensation they deserve. Our team is ready to listen, answer your questions, and stand in your corner from day one.

Table of Contents

• The Pedestrian Accident Problem in Bloomington and Across Illinois
• Illinois Laws That Protect Injured Pedestrians
• What Damages Can You Recover After a Bloomington Pedestrian Accident?
• The Two-Year Deadline You Cannot Ignore
• How Briskman Briskman & Greenberg Handles Pedestrian Accident Cases
• FAQs About Bloomington Pedestrian Accident Lawyers

The Pedestrian Accident Problem in Bloomington and Across Illinois

Bloomington, IL sits at the crossroads of Interstate 55 and Interstate 74, making it a busy hub for both local traffic and long-haul drivers. High-traffic corridors like Veterans Parkway and Empire Street carry thousands of vehicles every day, and pedestrians share that space at real risk. Over the past decade, Veterans Parkway alone has been the site of more than 75 serious crashes resulting in life-altering injuries or fatalities. That number is not a coincidence. It reflects a pattern that demands attention.

The problem extends well beyond Bloomington’s city limits. Pedestrians account for 18.4% of all traffic fatalities in Illinois, representing an 11.3% increase from 2023 to 2024. Think about that. While overall crash deaths fell, pedestrian deaths climbed. While overall fatalities have decreased, pedestrian deaths surged, with 219 pedestrians losing their lives in crashes in 2024, a 9.5% increase from the 200 fatalities recorded in 2023.

Why are pedestrian deaths rising even as other crash deaths fall? Research has shown that the increasing popularity of larger vehicles, such as SUVs, pickups, and vans, contributes significantly to pedestrian fatalities. Bigger vehicles hit harder and at worse angles. Distracted driving plays a role, too. So does speeding. If you were struck by a driver who was not paying attention or was going too fast, you may have a strong personal injury claim. Speaking with a Chicago pedestrian accident lawyer at Briskman Briskman & Greenberg is a smart first step.

You should also understand how car speeds and pedestrian deaths are directly connected. The faster a vehicle is traveling, the less likely a pedestrian is to survive the impact. Speed is not just a factor. It is often the deciding factor between a serious injury and a fatality.

Illinois Laws That Protect Injured Pedestrians

Illinois law gives pedestrian accident victims a solid legal foundation to pursue compensation. Understanding these laws helps you see why your case may be stronger than you think.

First, consider the duty to stop after a crash. Under 625 ILCS 5/11-401, any driver involved in a crash that causes personal injury must stop immediately at the scene and remain there until all legal requirements are met. A driver who leaves the scene of a crash that causes injury commits a Class 4 felony. If the crash results in a death, failing to properly report it can rise to a Class 1 felony. When a driver flees after hitting a pedestrian, they are not just morally wrong. They are breaking the law, and that matters for your civil case.

Second, Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This law says that if you, as a pedestrian, were partly at fault for the accident, you can still recover damages, as long as your share of the fault is 50% or less. Your total recovery is simply reduced by your percentage of fault. So if you were 20% at fault, you can still recover 80% of your damages. Do not let an insurance company convince you that you cannot recover anything just because you may have made a small mistake.

Third, Illinois law on joint and several liability under 735 ILCS 5/2-1117 means that when multiple parties are at fault, each defendant who is found to be 25% or more at fault is jointly and severally liable for all damages. This matters when, for example, both a driver and a property owner share responsibility for your accident.

Finally, if alcohol played a role and the driver was served at a bar or restaurant, Illinois’ Dram Shop Act under 235 ILCS 5/6-21 may allow you to bring a claim against that establishment. Dram Shop claims must be filed within one year of the accident, which is a shorter deadline than the general personal injury statute of limitations. Do not wait.

What Damages Can You Recover After a Bloomington Pedestrian Accident?

When a vehicle strikes a pedestrian, the injuries are almost always serious. Broken bones, traumatic brain injuries, spinal cord damage, internal bleeding, and road rash are common. The financial toll can be enormous, and the emotional toll even greater. The good news is that Illinois law allows injured pedestrians to pursue a wide range of damages.

Economic damages cover the measurable financial losses you suffered. These include:

• Past and future medical bills, including emergency care, surgery, hospitalization, and rehabilitation
• Lost wages if you missed work during your recovery
• Loss of future earning capacity if your injuries prevent you from returning to your job
• Out-of-pocket costs like transportation to medical appointments

Non-economic damages cover the human cost of your injuries. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship are all recoverable in Illinois. These damages are real, even if they are harder to put a dollar figure on.

In cases where a loved one was killed in a pedestrian accident, the family may pursue a wrongful death claim under 740 ILCS 180/1. Illinois law allows the personal representative of the deceased’s estate to bring a wrongful death action, and the damages can include punitive damages in appropriate cases. Losing someone to a preventable accident near a place like Eastland Mall or on a busy stretch of Veterans Parkway is devastating. The law gives families a path to justice.

The team at Briskman Briskman & Greenberg, your trusted Chicago personal injury lawyer, will work to identify every category of damages that applies to your case and fight to recover the full amount you are owed.

The Two-Year Deadline You Cannot Ignore

Illinois has a strict deadline for filing personal injury lawsuits. Under 735 ILCS 5/13-202, you generally have two years from the date of your accident to file a claim. Miss that deadline, and you lose your right to sue, no matter how strong your case is. Two years may sound like a long time, but it goes fast, especially when you are focused on recovering from serious injuries.

Why does acting quickly matter beyond just the filing deadline? Evidence disappears. Surveillance footage from businesses near the accident scene gets overwritten. Witnesses move or forget details. Skid marks fade. The sooner you get a legal team involved, the better your chances of preserving the evidence you need to win.

There are some situations where the two-year clock may be paused or “tolled.” For example, if the injured person is a minor, the deadline may not begin running until they turn 18. However, you should never assume that an exception applies to your case without talking to an attorney first.

If the accident happened near a government-owned road or involved a government vehicle, you may face even shorter notice requirements under Illinois’ Tort Immunity Act. These situations require fast action. Whether the accident happened on a stretch of I-55, near the McLean County Courthouse on Main Street, or anywhere else in or around Bloomington, the clock starts running on the day of the crash.

Our colleagues at Briskman Briskman & Greenberg also serve clients in other parts of Illinois. If you are looking for a Belleville personal injury lawyer or a Belleville medical malpractice lawyer, we have you covered across the state. And if you were injured on a bike, our Buffalo Grove bike accident lawyer team is also ready to help.

How Briskman Briskman & Greenberg Handles Pedestrian Accident Cases

Handling a pedestrian accident claim is not simple. Insurance companies move fast to protect their bottom line, and they have teams of adjusters and lawyers working against you from day one. You need someone in your corner who knows Illinois personal injury law and knows how to build a winning case.

At Briskman Briskman & Greenberg, we start by conducting a thorough investigation of your accident. We gather police reports, pull any available surveillance footage, interview witnesses, and work with accident reconstruction professionals when needed. We document your injuries and work with your medical providers to understand the full scope of your current and future medical needs.

We then build a clear picture of liability. Was the driver distracted, speeding, or impaired? Did a property owner fail to maintain safe lighting at a crosswalk? Was a government agency responsible for a dangerous road condition on a stretch like Veterans Parkway or near Illinois State University’s campus on the north side of Bloomington? We look at every angle.

Once we have a full picture, we negotiate aggressively with the insurance company. We do not accept lowball offers. If the insurer will not pay what you deserve, we are fully prepared to take your case to trial. Our goal is simple: to get you the maximum compensation the law allows so you can focus on healing.

We handle pedestrian accident cases on a contingency fee basis. That means you pay nothing upfront and nothing out of pocket. We only get paid if we recover money for you. There is no financial risk to you for calling us and learning about your options.

FAQs About Bloomington Pedestrian Accident Lawyers

What should I do right after a pedestrian accident in Bloomington, IL?

Call 911 immediately and get medical attention, even if you feel okay. Some injuries, like internal bleeding or traumatic brain injuries, do not show obvious symptoms right away. If you can, take photos of the scene, the vehicle, and any visible injuries. Get the driver’s name, license plate, and insurance information. Write down the names and contact info of any witnesses. Then contact a personal injury attorney as soon as possible to protect your legal rights before evidence disappears.

Can I still recover damages if I was partly at fault for the accident?

Yes, in most cases. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. You can still recover damages as long as your share of the fault is 50% or less. Your total recovery is reduced by your percentage of fault. For example, if you are found to be 25% at fault and your total damages are $100,000, you would recover $75,000. Do not let an insurance adjuster tell you that you have no case just because you may have played a small role in the accident.

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 the accident to file a personal injury lawsuit in Illinois. If you are filing a wrongful death claim after losing a loved one, the two-year deadline typically runs from the date of death. There are limited exceptions, such as for minor children. However, waiting is always risky. Evidence fades, witnesses become harder to locate, and insurance companies use delay to their advantage. Contact an attorney right away.

What if the driver who hit me does not have insurance?

This is a real concern in Illinois. If the at-fault driver is uninsured or underinsured, you may still have options. Your own auto insurance policy may include uninsured motorist (UM) or underinsured motorist (UIM) coverage, which can pay for your injuries even if you were on foot at the time of the accident. Illinois law requires insurers to offer this coverage, though policyholders can waive it in writing. An attorney can review your policy and identify all available sources of compensation, including third parties who may share liability.

Does Briskman Briskman & Greenberg charge upfront fees for pedestrian accident cases?

No. Briskman Briskman & Greenberg handles pedestrian accident cases on a contingency fee basis. You pay nothing upfront and nothing out of pocket throughout the process. Attorney fees are only collected if and when we recover compensation for you. This means there is no financial barrier to getting experienced legal help. You can call us, discuss your situation, and get real answers about your case without any cost or obligation.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Bloomington
• Bloomington Bicycle Accident Lawyer
• Bloomington Car Accident Lawyer
• Bloomington Distracted Driving Accident Lawyer
• Bloomington Drunk Driving Accident Lawyer
• Bloomington Fatal Car Accident Lawyer
• Bloomington Motorcycle Accident Lawyer
• Bloomington Truck Accident Attorney
• Bloomington Uber Accident Lawyer
• Bloomington Lyft Accident Lawyer
• Bloomington Uninsured Motorist Accident Lawyer