Pedestrian Accident
in Illinois.
Understand the questions this claim type raises, the records worth organizing and the scope of available state-specific source checks.
The background sections describe U.S. claim concepts. They are not verified statements of every Illinois requirement.
Rules relevant to this claim type
A filing period is not a countdown from a date alone. The cause of action, defendant, discovery, notice rules and exceptions matter. These records explain their scope; they do not calculate your deadline.
General personal injury filing period
Section 13-202 of the Illinois Code of Civil Procedure provides a general two-year period after accrual for actions for injury to the person, with exceptions in the statutory text.
Scope: General personal injury background. Medical malpractice and other special claims require separate provisions.
- The statutory text includes special exceptions and tolling provisions.
- Accrual, public entities, minors and other facts require separate examination.
Official places to continue
- Illinois General Assembly — Code of Civil Procedure ↗
- USA.gov — Illinois government and agencies ↗
- U.S. Department of Labor — State workers’ compensation officials ↗
A resource link is a starting point. It does not verify every statement or establish that a particular rule applies. See our source and review policy.
Understanding this claim type
When a vehicle hits a pedestrian, the pedestrian is almost always seriously hurt. Even at 25 mph, the impact can cause fractures, internal injuries, and traumatic brain injury. Medical costs escalate quickly and recovery often takes months or years.
The legal question usually centers on right of way — was the pedestrian in a crosswalk? Was the driver paying attention? Was the pedestrian jaywalking? Comparative fault rules determine how shared responsibility affects the claim. In most states, jaywalking reduces but doesn't eliminate recovery.
A surprisingly common issue in pedestrian cases is hit-and-run or uninsured drivers. The pedestrian's own auto insurance — specifically uninsured/underinsured motorist (UM/UIM) coverage and medical payments (MedPay) coverage — often becomes the primary source of recovery. Many people don't realize their auto policy covers them as a pedestrian.
Questions and records to organize
These are general preparation topics. Their relevance depends on the facts and applicable law.
- Right-of-way disputes — crosswalk vs. jaywalking
- Driver distraction — texting, navigation, or not looking for pedestrians
- Hit-and-run situations where the driver is never identified
- Uninsured or underinsured drivers
- Severe injuries from even low-speed impacts
- Visibility factors — dark clothing, nighttime, poorly lit areas