Des Plaines Pedestrian Accident Lawyer

Walking to the Metra station on Lee Street, crossing busy Oakton Street near downtown Des Plaines, or heading through Rand Road to pick up groceries should be simple, everyday activities. But for many Des Plaines residents, those walks can turn dangerous in seconds. When a driver runs a red light, speeds through a crosswalk, or looks down at a phone, a pedestrian pays the price. If you or someone you love was hurt in a pedestrian accident in or around Des Plaines, you need to know your rights under Illinois law, and you need to know them now. At Briskman Briskman & Greenberg, we handle pedestrian accident cases throughout the Chicago area, including Des Plaines, and we are ready to help you fight for the compensation you deserve.

Table of Contents

• Pedestrian Accidents in Des Plaines Are a Real and Growing Problem
• Illinois Laws That Protect Injured Pedestrians
• Common Causes of Des Plaines Pedestrian Accidents
• What Compensation Can You Recover After a Pedestrian Accident?
• What to Do After a Pedestrian Accident in Des Plaines
• FAQs About Des Plaines Pedestrian Accident Claims

Pedestrian Accidents in Des Plaines Are a Real and Growing Problem

Des Plaines sits at a busy crossroads in the Chicago suburbs. Major roads like Rand Road, Oakton Street, Dempster Street, and the stretch of I-294 running through the area carry heavy traffic every single day. Pedestrians share those roads with commuters rushing to O’Hare International Airport, delivery trucks, and distracted drivers who are not paying attention. The result? Serious accidents happen with alarming frequency.

The numbers from the Illinois Department of Transportation (IDOT) 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 trend is not improving. In 2024, 219 pedestrians lost their lives in crashes across Illinois, a 9.5% increase from the 200 fatalities recorded in 2023. Closer to home, 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.

Des Plaines falls squarely within Cook County. That means the pedestrian danger problem is not just a downtown Chicago issue. It is a suburban issue too. Busy intersections near the Des Plaines River Trail, along Golf Road, and near Maryhill Cemetery see regular foot traffic, and not all of it is safe. Larger vehicles are part of the problem. The Insurance Institute for Highway Safety (IIHS) indicates that vehicles with hood heights greater than 40 inches are approximately 45% more likely to cause pedestrian deaths in crashes than those with shorter hoods. Add distracted driving to the mix, and the risk to pedestrians in Des Plaines becomes very real.

If you were struck by a vehicle in Des Plaines, do not assume the accident was partly your fault. Talk to a Chicago pedestrian accident lawyer at Briskman Briskman & Greenberg before you speak to any insurance company.

Illinois Laws That Protect Injured Pedestrians

Illinois has strong laws that protect pedestrians who are hurt through no fault of their own. Understanding these laws helps you see why having a skilled attorney in your corner matters so much.

One of the most important laws is the modified comparative negligence rule under 735 ILCS 5/2-1116. Under this law, you can still recover damages even if you were partially at fault for the accident. However, your compensation is reduced by your percentage of fault. For example, if a jury finds you were 20% at fault and your total damages are $100,000, you would recover $80,000. The key limit: if you are found more than 50% at fault, you are barred from recovering anything. Insurance companies know this rule well, and they will try to push your fault percentage as high as possible to reduce what they owe you.

Illinois also has a joint and several liability rule under 735 ILCS 5/2-1117. Under this law, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. If one defendant is found to be 25% or more at fault, they are jointly and severally liable for all other damages too. This matters in pedestrian cases where multiple parties, such as a driver, a vehicle owner, or even a municipality with a poorly designed crosswalk, may share responsibility for your injuries.

If the accident happened on someone else’s property, such as a parking lot or a private driveway, the Illinois Premises Liability Act (740 ILCS 130) may also apply. Property owners have a duty to keep their premises reasonably safe. When they fail, and someone gets hurt, they can be held liable. Understanding which laws apply to your case is something a Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you sort out quickly.

Common Causes of Des Plaines Pedestrian Accidents

Most pedestrian accidents in Des Plaines do not happen because of bad luck. They happen because a driver made a choice, consciously or not, that put a pedestrian in danger. Knowing the common causes can help you understand who may be liable for your injuries.

Distracted driving tops the list. The widespread use of smartphones and other distractions affects both drivers and pedestrians, leading to an increase in accidents. A driver checking a GPS while turning onto Lee Street near the Des Plaines Metra station is not paying attention to who may be in the crosswalk.

Speed is another major factor, and the relationship between car speeds and pedestrian deaths is well documented. The faster a car is going when it hits a person, the less likely that person is to survive. Roads like Rand Road and Dempster Street in Des Plaines are designed for moving traffic quickly, not for protecting people on foot.

Failure to yield at crosswalks is also common. Illinois law requires drivers to yield to pedestrians in marked crosswalks. When they do not, the results can be catastrophic. Poor lighting at night makes this worse. Most pedestrian fatalities happen after dark. About 76% of pedestrian deaths occur at night, according to NHTSA.

Impaired driving is another serious concern. Alcohol and drug use remain significant contributors to traffic accidents, including pedestrian-related incidents. And poor road design plays a role too. Many urban areas lack proper pedestrian infrastructure, such as well-lit crosswalks, pedestrian islands, and sufficient sidewalks. When a municipality fails to maintain safe conditions for pedestrians, it may also share liability for an accident.

Whatever caused your accident, the team at Briskman Briskman & Greenberg will investigate the facts, identify all responsible parties, and build the strongest possible case on your behalf.

What Compensation Can You Recover After a Pedestrian Accident?

A pedestrian accident can change your life overnight. Medical bills pile up fast. You may miss weeks or months of work. You may be dealing with pain, emotional trauma, and a long road to recovery. Illinois law allows injured pedestrians to pursue compensation for all of these losses, and more.

Here is what you may be able to recover in a Des Plaines pedestrian accident claim:

• Medical expenses: This includes emergency room visits, surgery, hospital stays, physical therapy, and future medical costs related to your injuries.
• Lost wages: If your injuries kept you from working, you can claim the income you lost. If you cannot return to your prior job, you may also claim future lost earning capacity.
• Pain and suffering: Illinois law allows recovery for physical pain, emotional distress, and the impact the accident has had on your quality of life.
• Property damage: If personal belongings were damaged in the crash, such as a phone, bicycle, or other items, those losses are recoverable.
• Wrongful death damages: If a family member was killed in a pedestrian accident, Illinois’s Wrongful Death Act (740 ILCS 180) allows surviving family members to bring a claim. Under that law, whenever a death is caused by a wrongful act or neglect, the responsible party is liable for damages, including punitive damages when applicable.

The value of your case depends on the severity of your injuries, the strength of the evidence, and how well your legal team presents your claim. Our attorneys at Briskman Briskman & Greenberg work hard to make sure no part of your loss goes unaccounted for. We also handle cases in the surrounding areas, including as a Belleville personal injury lawyer and a Belleville medical malpractice lawyer, bringing that same level of dedication to every client we serve across Illinois.

What to Do After a Pedestrian Accident in Des Plaines

The steps you take right after a pedestrian accident can have a big impact on your case. Here is what you should do to protect yourself and your legal rights.

Call 911 immediately. A police report creates an official record of the accident. Officers will document the scene, interview witnesses, and note any traffic violations. This report becomes a key piece of evidence in your case.

Get medical attention right away. Even if you feel okay, some injuries, like internal bleeding, traumatic brain injuries, or spinal damage, do not show symptoms immediately. Seeing a doctor creates a medical record that links your injuries to the accident. Delaying treatment gives insurance companies room to argue your injuries were not serious or were caused by something else.

Document the scene. If you are physically able, take photos of the accident location, the vehicle that hit you, any skid marks, traffic signals, crosswalk markings, and your injuries. If there are witnesses near the intersection of Oakton and Lee Street, or wherever the accident happened, get their contact information.

Do not give a recorded statement to the insurance company. Insurance adjusters are trained to ask questions in ways that can reduce or eliminate your claim. You have no legal obligation to give a recorded statement before speaking with an attorney.

Contact Briskman Briskman & Greenberg. Time matters in these cases. Illinois has a two-year statute of limitations for personal injury claims. Evidence fades. Witnesses move on. The sooner you speak with our team, the better positioned you will be to pursue full compensation. We also handle related injury matters, including as a Buffalo Grove bike accident lawyer, so we understand the full range of road accident claims in the Chicago suburbs.

FAQs About Des Plaines Pedestrian Accident Claims

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

In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Illinois. If the accident resulted in a death, the family also has two years from the date of death to file a wrongful death claim. Missing this deadline typically means losing your right to compensation entirely. Do not wait to reach out to Briskman Briskman & Greenberg for a free consultation.

What if the driver who hit me was uninsured?

Illinois law requires drivers to carry auto insurance, but not everyone follows the law. If you were hit by an uninsured driver, you may still have options. Your own auto insurance policy may include uninsured motorist coverage that applies to pedestrian accidents. There may also be other liable parties, such as a vehicle owner, an employer, or even a government entity responsible for unsafe road conditions. An attorney can review all potential sources of recovery in your specific situation.

Can I still recover damages if I was crossing outside a marked crosswalk?

Possibly, yes. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. As long as your share of fault does not exceed 50%, you can still recover damages. Your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault and your damages total $200,000, you could still recover $140,000. The key is having an attorney who can argue effectively to keep your fault percentage as low as possible.

What if the accident happened in a parking lot or on private property in Des Plaines?

Pedestrian accidents that happen on private property, such as a shopping center parking lot near Rand Road or a private driveway, can still give rise to a personal injury claim. The Illinois Premises Liability Act (740 ILCS 130) requires property owners to maintain reasonably safe conditions. If a poorly lit lot, a broken curb, or a lack of proper signage contributed to your accident, the property owner may share liability along with the driver.

How does Briskman Briskman & Greenberg charge for pedestrian accident cases?

Briskman Briskman & Greenberg handles pedestrian accident cases on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There is no upfront cost to speak with our team, and we will review your case at no charge. If you were hurt in a pedestrian accident in Des Plaines or anywhere in the Chicago area, call us today to learn how we can help.

More Resources About Vehicle Injuries

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