Pedestrian Accident Settlements in Illinois
If you have been involved in a pedestrian accident in Illinois, understanding how the state's personal injury laws affect your claim is essential. Illinois follows the modified comparative fault (51% bar) system, and you have 2 years from the date of your injury to file a lawsuit.
Pedestrian Accident Settlement Range in Illinois
Nationally, pedestrian accident settlements range from $10,000 to $300,000. In Illinois, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.
Low
$10,000
Estimated
$45,000
High
$300,000
How Illinois Law Affects Your Pedestrian Accident Claim
Illinois uses a modified comparative fault system with a 51% bar, barring recovery when the plaintiff is more than 50% at fault. The Illinois Supreme Court struck down statutory caps on non-economic damages as unconstitutional, leaving Illinois without damage caps in personal injury cases. Cook County (Chicago) is one of the most plaintiff-friendly jurisdictions in the country, often yielding substantial jury verdicts.
Under Illinois's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.
Factors Affecting Pedestrian Accident Claims in Illinois
- ✓Driver speed and impairment at time of accident
- ✓Whether pedestrian was in a crosswalk or crosswalk area
- ✓Traffic signals and right-of-way compliance
- ✓Visibility and lighting conditions
- ✓Severity of orthopedic and neurological injuries
- ✓Hit-and-run status and uninsured motorist coverage
- ✓Victim's comparative fault
Common Pedestrian Accident Injuries
Relevant Illinois Statutes
- •735 Ill. Comp. Stat. 5/13-202 (statute of limitations)
- •735 Ill. Comp. Stat. 5/2-1116 (modified comparative fault, 51% bar)
- •510 Ill. Comp. Stat. 5/16 (dog bite strict liability)
Pedestrian Accident Claims in Illinois Cities
If your pedestrian accident occurred in Chicago, Aurora, Joliet, Naperville, Rockford, or anywhere else in Illinois, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.