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Mt. Prospect Pedestrian Accident Lawyer
Walking through Mt. Prospect should be safe. Whether you are crossing Rand Road near Randhurst Village, heading to the Metra station on Main Street, or simply strolling through Lions Park, you have every right to expect drivers to watch out for you. When a careless driver takes that safety away from you, the physical, emotional, and financial damage can be overwhelming. At Briskman Briskman & Greenberg, we understand what you are going through, and we are here to help you fight for every dollar you deserve.
Table of Contents
- Pedestrian Accidents in Mt. Prospect Are More Common Than You Think
- What Illinois Law Says About Your Right to Compensation
- Common Causes of Pedestrian Accidents in the Mt. Prospect Area
- What Damages Can You Recover After a Pedestrian Accident?
- Why Briskman Briskman & Greenberg Is the Right Choice for Your Case
- FAQs About Mt. Prospect Pedestrian Accident Claims
Pedestrian Accidents in Mt. Prospect Are More Common Than You Think
Mt. Prospect sits in the northwest suburbs of Chicago, bordered by busy corridors like Route 83, Elmhurst Road, and Golf Road. These roads carry heavy traffic every single day, and pedestrians share that space at real risk. Intersections near the Mt. Prospect Metra station, along Busse Avenue, and at the junction of US-12 and Euclid Avenue have all seen serious crashes in recent years.
The numbers behind these local dangers are sobering. Pedestrians account for 18.4% of all traffic fatalities in Illinois, representing an 11.3% increase from 2023 to 2024. Think about that for a moment. Nearly one in five people killed on Illinois roads is simply someone on foot. Crashes involving pedestrians accounted for 19.7% of fatal crashes in 2024. That is a disproportionately high number for a group that is not even inside a vehicle.
The Chicago metro area is especially affected. 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. Mt. Prospect sits squarely within Cook County, meaning residents here face this elevated risk every day. Distracted drivers, speeding on suburban arterials, and poor lighting at crosswalks all contribute. If you or a loved one was hit by a car while walking, you are not alone, and you have legal options.
As a Chicago pedestrian accident lawyer firm serving the entire Chicago area including Mt. Prospect, Briskman Briskman & Greenberg knows exactly how these cases work and what it takes to win them.
What Illinois Law Says About Your Right to Compensation
Illinois law gives injured pedestrians strong tools to pursue compensation. The foundation is negligence. If a driver failed to use reasonable care and that failure caused your injuries, you have a claim. But the law also addresses situations where fault is shared, and that is where understanding your rights becomes especially important.
Under Illinois modified comparative negligence law (735 ILCS 5/2-1116), you can still recover damages even if you were partially at fault for the accident. The rule is that your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% responsible for the accident, you cannot recover anything. So if a jury finds you 20% at fault and awards $100,000, you would receive $80,000. This rule protects you from being shut out entirely just because you may have played a small role in what happened.
Illinois also has rules about how liability is shared among multiple defendants. Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for your past and future medical expenses. For other damages, a defendant whose fault is 25% or greater is jointly and severally liable for all other losses. A defendant whose fault is below 25% is only severally liable for their share. What does this mean for you? It means that if one driver caused most of the harm, they can be held responsible for the full amount of your medical bills, even if another party shares some blame.
Do not let an insurance company convince you that your case is weak because of shared fault. Talk to a Chicago personal injury lawyer at Briskman Briskman & Greenberg before you accept any settlement offer.
Common Causes of Pedestrian Accidents in the Mt. Prospect Area
Understanding why pedestrian accidents happen helps you build a stronger case. It also helps you recognize when a driver’s behavior crossed the line from a simple mistake into outright negligence. In and around Mt. Prospect, several causes come up again and again.
Distracted driving is one of the biggest culprits. A driver glancing at a phone for just a few seconds while traveling down Elmhurst Road can cover hundreds of feet without watching the road. Speeding is another serious problem. Crashes involving speed accounted for 45.3% of fatal crashes in Illinois in 2024. When a driver is going too fast near a crosswalk or school zone, the results can be catastrophic. You can learn more about how vehicle speed directly affects survival odds on our page about car speeds and pedestrian deaths.
Failure to yield is also a leading cause of pedestrian crashes. Illinois law requires drivers to yield to pedestrians in marked and unmarked crosswalks. When a driver blows through a crosswalk near the Randhurst Village shopping area or rolls a stop sign near a residential street in Mt. Prospect, that is negligence, plain and simple. Driving under the influence, poor visibility at night, and inadequate road design all add to the problem as well.
Larger vehicles are increasingly dangerous to pedestrians too. Research has shown that SUVs and trucks with higher hood profiles are significantly more likely to cause fatal injuries when they strike a pedestrian. With more of these vehicles on suburban roads every year, the risk to walkers keeps growing. If any of these factors played a role in your accident, you have grounds to pursue a claim for your injuries.
What Damages Can You Recover After a Pedestrian Accident?
A pedestrian accident can turn your life upside down in seconds. You may be facing weeks or months of medical treatment, lost income, and physical pain. The law allows you to seek compensation for all of these losses, and in some cases, more. Knowing what you can claim is an important part of building a complete case.
Economic damages include your medical bills, both past and future. This covers emergency room visits, surgeries, physical therapy, prescription medication, and any long-term care you may need. It also includes lost wages if your injuries kept you out of work, and lost earning capacity if your ability to work has been permanently affected. The total estimated cost of crashes in Illinois for 2024 was $8.3 billion, with each fatality estimated to cost over $2 million and each incapacitating injury estimated at over $171,000. These figures reflect how serious the financial impact of a pedestrian accident truly is.
Non-economic damages cover the pain and suffering you have experienced, emotional distress, and the loss of enjoyment of life. If you can no longer do the activities you loved before the accident, that is a real loss that deserves compensation. In cases where a loved one was killed, Illinois law under the Wrongful Death Act (740 ILCS 180/1) allows surviving family members to bring a claim for damages, including punitive damages when applicable.
The statute of limitations for personal injury claims in Illinois is two years from the date of the accident under 735 ILCS 5/13-202. That deadline is strict. If you miss it, you lose your right to sue. Do not wait to get legal advice. Contact Briskman Briskman & Greenberg as soon as possible to protect your rights and begin building your case. Our firm also handles cases across the broader region, including as a Belleville personal injury lawyer and a Belleville medical malpractice lawyer.
Why Briskman Briskman & Greenberg Is the Right Choice for Your Case
When you are hurt in a pedestrian accident, you need a legal team that will take your case seriously from day one. At Briskman Briskman & Greenberg, we have been representing injured people throughout the Chicago area for decades. We know Cook County courts, we understand Illinois personal injury law, and we know how to deal with insurance companies that try to lowball injured pedestrians.
We handle every aspect of your case. We gather police reports and medical records. We work with accident reconstruction experts when needed. We interview witnesses and review surveillance footage from nearby businesses along Rand Road or Elmhurst Road. We build the strongest possible case on your behalf so you do not have to worry about the legal process while you focus on getting better.
Our firm handles pedestrian accident cases on a contingency fee basis. That means you pay nothing unless we recover money for you. There are no upfront costs and no hourly fees. You can speak with us for free and find out exactly where you stand. We also handle related cases such as Buffalo Grove bike accident claims for clients in neighboring communities throughout the northwest suburbs.
You deserve a legal team that will fight hard for you. Whether your accident happened at a busy intersection near the Mt. Prospect Public Library, on a side street near Melas Park, or along the I-90 corridor, Briskman Briskman & Greenberg is ready to help. Call us today for a free consultation and let us tell you what your case may be worth.
FAQs About Mt. Prospect 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 accident to file a personal injury lawsuit. If you miss this deadline, you will almost certainly lose your right to recover any compensation. There are limited exceptions, such as cases involving minors, but do not count on an exception applying to you. Contact Briskman Briskman & Greenberg as soon as possible after your accident to make sure your rights are protected.
What if I was partially at fault for the pedestrian accident?
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. You can still recover damages as long as you are not more than 50% at fault. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible and your damages total $200,000, you would receive $160,000. Insurance companies often try to inflate a victim’s share of fault to reduce or eliminate payouts. An attorney can push back against those tactics on your behalf.
What should I do right after a pedestrian accident in Mt. Prospect?
First, get medical attention immediately, even if you feel okay. Injuries like internal bleeding or traumatic brain injuries may not show symptoms right away. Call 911 so police can document the scene. If you can, take photos of the area, the vehicle, and your injuries. Get the driver’s name, insurance information, and license plate number. Ask any witnesses for their contact information. Then call a personal injury attorney before speaking with any insurance company. What you say in those early conversations can affect your claim significantly.
Can I file a claim if a loved one was killed in a pedestrian accident?
Yes. Under Illinois’ Wrongful Death Act (740 ILCS 180/1), surviving family members can bring a claim when a loved one’s death was caused by another person’s wrongful act or negligence. Compensation can include funeral and burial costs, loss of financial support, loss of companionship, and in some cases punitive damages. These cases are time-sensitive, so it is important to speak with an attorney as quickly as possible after the loss of a family member.
What if the driver who hit me did not have insurance or fled the scene?
This is a difficult but not hopeless situation. If the driver fled the scene or had no insurance, you may still have options through your own uninsured motorist coverage if you have an auto insurance policy. Illinois law requires insurers to offer uninsured motorist coverage. You may also be able to pursue a claim through other avenues depending on the circumstances of the accident. A personal injury attorney can review your specific situation and identify every possible source of recovery. Briskman Briskman & Greenberg can help you understand all your options during a free initial consultation.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Mt. Prospect
- Mt. Prospect Bicycle Accident Lawyer
- Mt. Prospect Car Accident Lawyer
- Mt. Prospect Distracted Driving Accident Lawyer
- Mt. Prospect Drunk Driving Accident Lawyer
- Mt. Prospect Fatal Car Accident Lawyer
- Mt. Prospect Motorcycle Accident Lawyer
- Mt. Prospect Truck Accident Attorney
- Mt. Prospect Uber Accident Lawyer
- Mt. Prospect Lyft Accident Lawyer
- Mt. Prospect Uninsured Motorist Accident Lawyer
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