Can I Sue if I was Hit by a Car While Walking?

 Posted on February 26, 2026 in Pedestrian Accidents

You can sue if you were hit by a car while walking in Illinois if the driver’s negligence caused your injuries. Pedestrians have little protection, which makes these accidents especially serious.

According to the Illinois Department of Transportation, 195 pedestrians were killed, and more than 4,300 were injured in crashes in Illinois in a recent reporting year. If you were hit by a vehicle in 2026, you may have the right to file a personal injury claim. Our Orland Park, IL pedestrian accident lawyer helps injured pedestrians understand their rights and pursue compensation so they can focus on recovery.

When Is a Driver Responsible for Hitting a Pedestrian in Illinois?

A driver may be legally responsible if their careless or unsafe actions caused the accident. Illinois law requires drivers to use due care to avoid hitting pedestrians. This duty appears in 625 ILCS 5/11-1003.1.

Drivers may be responsible if they:

• Fail to yield to pedestrians at crosswalks
• Drive while distracted, such as texting
• Speed or ignore traffic signals
• Fail to watch for pedestrians when turning

Drivers must stay alert and watch for pedestrians, especially in busy areas like intersections in Orland Park.

Can You Sue a Driver for Hitting You Even if You Were Not in a Crosswalk?

Yes, you may still have a claim even if you were not in a crosswalk. Drivers must act safely and try to avoid hitting pedestrians whenever possible.

Illinois follows a rule called modified comparative fault under 735 ILCS 5/2-1116. It allows you to recover compensation for an injury as long as you were less than 50 percent responsible for the accident.

Your financial recovery can be adjusted if you are found partly responsible for the accident. For instance, if the court determines you were 10 percent at fault, the total amount you receive would be lowered to reflect that portion of responsibility.

Each case can be different. How fault is distributed depends on the specific facts and evidence.

What Compensation Can You Recover After a Pedestrian Accident?

Pedestrian accidents often cause serious injuries that affect your health, work, and daily life. Illinois law allows injured pedestrians to recover compensation for their losses.

You may be able to recover compensation for:

• Medical bills and future medical care
• Lost wages if you cannot work
• Pain, suffering, and emotional distress
• Physical therapy or rehabilitation costs

This compensation can help you manage the financial and personal impact of your injuries.

How Long Do You Have To File a Pedestrian Accident Lawsuit in Illinois?

Illinois law limits the time you have to file a lawsuit. Under 735 ILCS 5/13-202, you usually have two years from the date of the accident to file a personal injury claim.

If you miss this deadline, you may lose your right to seek compensation. Acting quickly helps preserve evidence and protect your legal rights.

What Evidence Can Help Support Your Pedestrian Accident Claim?

Strong evidence can help prove the driver was responsible. This may include police reports, medical records, photos of the accident scene, and witness statements. Video footage from traffic cameras or nearby businesses may also help show what happened. Gathering evidence early can strengthen your case.

Why Should You Speak With a Pedestrian Accident Lawyer?

Pedestrian accident cases can be stressful and confusing, especially when you are dealing with injuries and medical bills. A lawyer can investigate the accident, gather evidence, and handle communication with insurance companies.

Legal guidance can help protect your rights and improve your chances of recovering fair compensation. This allows you to focus on healing while your case moves forward.

Schedule a Free Consultation With Our Cook County, IL Pedestrian Accident Attorney

Being hit by a car while walking can leave you feeling overwhelmed and uncertain about what to do next, but Law Office of J. Francis Barker, P.C. can help. Attorney Barker is a local attorney who will always advocate for his clients and give every case his full attention. No case is too big or too small. Your case will not be handed off to a paralegal or associate. Instead, you will work directly with an attorney who is committed to protecting your rights.

If you were injured in a pedestrian accident, call 708-321-1223 today to schedule a free consultation. Our Orland Park, IL pedestrian accident lawyer is ready to help you pursue compensation and move forward with your case confidently.