Bolingbrook Pedestrian Accident Lawyer

Walking to the Metra station in downtown Bolingbrook, crossing Route 53, or heading through the Promenade Bolingbrook shopping area should never put your life at risk. But for many pedestrians in and around Bolingbrook, a routine walk can turn into a life-changing event in seconds. If you or someone you love was struck by a vehicle as a pedestrian, you need to know your rights, and you need someone in your corner who knows Illinois personal injury law inside and out. That’s exactly what Briskman Briskman & Greenberg is here to do.

Table of Contents

• Pedestrian Accidents in Bolingbrook: A Growing Problem
• Who Can Be Held Liable After a Bolingbrook Pedestrian Accident?
• Illinois Laws That Protect Injured Pedestrians
• What Damages Can You Recover After a Pedestrian Accident?
• Steps to Take After a Pedestrian Accident in Bolingbrook
• FAQs About Bolingbrook Pedestrian Accident Claims

Pedestrian Accidents in Bolingbrook: A Growing Problem

Bolingbrook sits in Will County, just southwest of Chicago along I-55 and Route 53. It’s a busy suburb with heavy commuter traffic, commercial corridors, and neighborhoods where people walk every day. Unfortunately, the roads aren’t always safe for those on foot.

The numbers tell a troubling story. Pedestrians account for 18.4% of all traffic fatalities in Illinois, representing an 11.3% increase from 2023 to 2024. That’s not a small uptick. In 2024, 219 pedestrians lost their lives in crashes across Illinois, a 9.5% increase from the 200 fatalities recorded in 2023. And the problem isn’t limited to Chicago proper. 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. Will County, where Bolingbrook is located, is part of that sobering count.

What’s driving this trend? Several factors come into play. Distracted driving is a major one. Drivers texting or checking their phones near busy crosswalks on Boughton Road or Weber Road can miss a pedestrian entirely. Research cited by CMAP 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, and blunt, vertical front ends also increase risks. Speeding is another key factor. Crashes involving speed accounted for 31.1% of total crashes in Illinois in 2024, and 45.3% of fatal crashes. You can learn more about how vehicle speed affects pedestrian survival on our page about car speeds and pedestrian deaths.

If you were hit by a car near Bolingbrook’s busy commercial strips or residential streets, the law may be on your side. The first step is understanding what happened and who is responsible.

Who Can Be Held Liable After a Bolingbrook Pedestrian Accident?

One of the most important questions after any pedestrian accident is: who is at fault? Illinois law gives injured pedestrians real tools to hold negligent parties accountable. Liability doesn’t always fall on just one person, either.

The most common liable party is the driver of the vehicle. Drivers have a duty to watch for pedestrians, yield at crosswalks, and follow speed limits. When they fail to do that, they can be held responsible for your injuries. But other parties may share the blame too. A property owner whose broken sidewalk caused you to step into traffic could be liable. A municipality that failed to maintain a crosswalk on Route 53 near the Bolingbrook Town Center might also bear some responsibility.

Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. Under this law, you can still recover damages even if you were partly at fault for the accident. Your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover anything. So if a jury finds you 20% at fault and awards $100,000, you would receive $80,000.

When multiple defendants are involved, Illinois law under 735 ILCS 5/2-1117 provides that all defendants found liable are jointly and severally liable for your past and future medical expenses. Any defendant whose fault is 25% or greater is also jointly and severally liable for all other damages. This matters because it affects your ability to collect full compensation, even if one defendant can’t pay.

As your Chicago pedestrian accident lawyer, Briskman Briskman & Greenberg will investigate every angle of your case to identify all responsible parties.

Illinois Laws That Protect Injured Pedestrians

Illinois has several laws that directly protect pedestrians and support their right to compensation after an accident. Knowing these laws helps you understand the strength of your potential claim.

First, Illinois law requires drivers to yield to pedestrians in marked crosswalks. Violations of this rule can be strong evidence of negligence in a personal injury lawsuit. Negligence per se, which is the legal concept that a traffic violation itself proves negligence, can make your case significantly stronger.

Second, if your accident involved a dog or other animal that was off-leash and attacked you while you were walking, Illinois strict liability law under 510 ILCS 5/16 applies. Under that statute, if a dog or other animal attacks or injures any person who is peaceably in a place where they have a right to be, the animal’s owner is liable for the full amount of the injury caused. This comes up more often than you might think in pedestrian accident cases.

Third, if a loved one was killed in a pedestrian accident, Illinois law under the Wrongful Death Act (740 ILCS 180) allows surviving family members to pursue a wrongful death claim. Whenever a death is caused by a wrongful act or neglect, the party who would have been liable if death had not occurred remains liable for damages, including punitive damages when applicable. This gives families a legal path to justice even after the worst possible outcome.

Finally, the statute of limitations under 735 ILCS 5/13-202 gives you two years from the date of your injury to file a personal injury lawsuit in Illinois. Missing this deadline almost always means losing your right to sue. Don’t wait. Contact Briskman Briskman & Greenberg as soon as possible after your accident.

What Damages Can You Recover After a Pedestrian Accident?

After a pedestrian accident, your losses can be enormous. Medical bills pile up fast. You may miss weeks or months of work. You might deal with pain and disability for years. Illinois law allows injured pedestrians to seek compensation for all of these losses.

Recoverable damages in a pedestrian accident case typically include:

• Medical expenses: Emergency room visits, surgeries, hospitalizations, physical therapy, and future medical care related to your injuries.
• Lost wages: Income you lost while recovering, plus future earning capacity if your injuries affect your ability to work long-term.
• Pain and suffering: Physical pain, emotional distress, and the overall impact the accident has had on your quality of life.
• Property damage: Damage to your personal belongings, such as a bicycle, phone, or other items. Under 735 ILCS 5/13-205, you have five years to bring a property damage claim in Illinois.
• Disability and disfigurement: Compensation for permanent injuries that affect your daily life, appearance, or independence.

The total estimated cost of crashes in Illinois for 2024 was $8.3 billion, with each fatality estimated to cost $2,009,575 and an incapacitating injury estimated to cost $171,925. These figures reflect just how serious pedestrian injuries really are.

If you were injured while working, for example, as a delivery person walking near a Bolingbrook warehouse, you may have both a workers’ compensation claim and a third-party personal injury claim. Under the Illinois Workers’ Compensation Act (820 ILCS 305), employees injured in the course of employment have rights to benefits, but that doesn’t prevent you from also pursuing a civil claim against a negligent third party who caused the accident.

Briskman Briskman & Greenberg will help you identify every category of damages you’re entitled to and fight to get the full amount. As a Chicago personal injury lawyer team, we handle cases throughout the Chicago metro area, including Bolingbrook and all of Will County.

Steps to Take After a Pedestrian Accident in Bolingbrook

What you do in the hours and days after a pedestrian accident can have a real impact on your case. Here’s what we recommend.

Call 911 immediately. A police report creates an official record of the accident. It documents the driver’s information, road conditions, witness statements, and preliminary findings about fault. This report becomes a key piece of evidence in your case.

Get medical attention right away. Even if you feel okay, some injuries, like traumatic brain injuries, internal bleeding, or spinal damage, don’t show obvious symptoms at first. Seeing a doctor creates a medical record that links your injuries to the accident. Delaying treatment can hurt both your health and your claim.

Document everything you can. Take photos of the scene, the vehicle that hit you, your injuries, and any road conditions that may have contributed to the crash. If there are surveillance cameras nearby, for example, near the Bolingbrook Promenade or along Weber Road, those recordings may be critical. Witnesses are valuable too. Get names and contact information from anyone who saw what happened.

Do not speak to the driver’s insurance company without a lawyer. Insurance adjusters may contact you quickly and try to get a recorded statement or offer a fast settlement. These early offers are almost always far less than what your case is worth. Anything you say can be used to reduce or deny your claim.

Contact Briskman Briskman & Greenberg. The sooner you have legal representation, the better. We can preserve evidence, communicate with insurers on your behalf, and begin building your case while the details are still fresh. Our team also handles related practice areas throughout the region, including as a Belleville personal injury lawyer and a Belleville medical malpractice lawyer, so we bring broad experience to every case we take on. We also represent clients injured in other types of accidents, including those handled by our Buffalo Grove bike accident lawyer team.

You don’t have to figure this out alone. Briskman Briskman & Greenberg is ready to help you take action and pursue the compensation you deserve.

FAQs About Bolingbrook Pedestrian Accident Claims

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

Under Illinois law (735 ILCS 5/13-202), you generally have two years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, the court will almost certainly dismiss your case. There are limited exceptions, such as cases involving minors, but you should never rely on an exception applying to your situation. Contact Briskman Briskman & Greenberg as soon as possible after your accident to protect your rights.

Can I still recover compensation 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. This means you can recover damages as long as you are not found to be more than 50% at fault. Your compensation is reduced by your percentage of fault. For example, if you are 30% at fault and your damages are $200,000, you would receive $140,000. An attorney can help you build the strongest possible case to minimize any fault attributed to you.

What if the driver who hit me doesn’t have insurance?

Illinois law requires drivers to carry minimum liability insurance, but not all drivers comply. If the driver who hit you is uninsured or underinsured, you may be able to make a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. There may also be other liable parties, such as a vehicle owner or a government entity, who can be pursued. Briskman Briskman & Greenberg can review all available options to help you recover compensation.

What types of injuries are common in Bolingbrook pedestrian accidents?

Pedestrian accidents often cause severe injuries because the human body has no protection against a motor vehicle. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, torn ligaments, road rash, and in the worst cases, death. Injuries from SUVs and trucks tend to be especially serious because of their height and weight. Even injuries that seem minor at first can become long-term conditions. Always seek medical attention after being struck by a vehicle, no matter how you feel in the moment.

How much does it cost to hire a pedestrian accident lawyer at Briskman Briskman & Greenberg?

Briskman Briskman & Greenberg handles personal injury cases on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket expenses to get started. You can contact us for a free consultation to discuss your case and learn about your legal options without any financial obligation.

More Resources About Vehicle Injuries

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