Average Settlement for Pedestrian Hit by a Car

Thursday, May 29, 2025

Average Settlement for Pedestrian Hit by a Car

Written by Malman Law, reviewed by Steve J. Malman.

Were you walking when you got hit by a motorist? If so, you may be entitled to compensation.

The personal injury attorneys at Malman Law would like to discuss pedestrian rights, how much your pedestrian car accident case may be worth, and tips to keep you safe.

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Pedestrian Accident Statistics in the US 2024

Recent data highlights shifts in pedestrian accidents across the United States. According to the Governors Highway Safety Association, the 18,720 roadway deaths reported during the first half of 2024 represent a 10% increase from the 17,025 reported in 2019 and a 25% rise from the 15,035 recorded in 2014. While total roadway fatalities declined by 3.2% during the first six months of the prior year, they remain substantially higher than five and ten years ago.

At the state level, the GHSA reports that pedestrian fatalities decreased in 22 states, increased in 23 states and the District of Columbia, and remained unchanged in five states. Seven states experienced two consecutive declines in pedestrian deaths for the year’s first half, whereas four states reported two straight increases.

These figures emphasize the persistent challenges in improving pedestrian safety, particularly in densely populated urban centers like Chicago, where pedestrian fatalities remain a serious concern.

What are the Leading Causes of Pedestrian Accidents?

The leading causes of pedestrian accidents are:

• Driver’s negligence: drivers may fail to yield right-of-way, be speeding, or otherwise behave carelessly
• Distracted driving: drivers may be performing any range of activities that take their attention off the road, including using a cellular device, grooming themselves, eating or drinking, and even talking to their passengers
• Poor road conditions: drivers may fail to exercise caution in hazardous conditions (i.e., failing to brake in a timely manner on slippery roads)
• Driving under the influence of alcohol: intoxicated drivers may be unaware of their surroundings, unable to stay focused, and have compromised reflexes
• Pedestrian error: pedestrians that fail to comply with traffic signals and follow the rules of the road put themselves in danger

What are Pedestrians’ Rights in Illinois?

It is estimated that in the United States in a recent year, 7,485 pedestrians were killed in traffic crashes, an increase of 11.5% from the year before. 175 pedestrians were killed in Illinois alone.

Drivers should yield the right-of-way to pedestrians under certain conditions:

• At crosswalks when the pedestrian is halfway across the road or is approaching so closely from the other side of the road as to be in danger;
• At a stop sign, flashing red signal at an intersection, or plainly marked crosswalk;
• At work zones or construction sites in which a pedestrian is engaged in work; and
• At work zones or construction sites where there is a flagger directing traffic.

Although Illinois law enumerates many rights for pedestrians, it does have limits. Pedestrians must use a sidewalk when it is available.

If no sidewalk is available, pedestrians must walk on the shoulder of the road, as far away from traffic as possible. If the road has two-way traffic, pedestrians must walk facing oncoming traffic.

Finding Evidence to Prove Your Pedestrian Accident Claim

Strong evidence makes all the difference when fighting a pedestrian accident lawsuit. Building a solid case depends on proof showing fault and capturing the full extent of your injuries. Key types of evidence include:

• Police Reports: Official documentation detailing the incident, citations issued, and officer observations.
• Medical Records: Direct connections between the accident and your injuries.
• Eyewitness Testimonies: Unbiased accounts that support your version of events.
• Surveillance Footage: Visual proof from nearby businesses, traffic cameras, or personal devices.
• Accident Scene Photographs: Images of vehicle damage, skid marks, and physical injuries immediately after impact.

Securing evidence quickly is key, especially in busy cities like Chicago, where public and private camera footage may be overwritten or lost if not obtained promptly.

Statute of Limitations

In Illinois, individuals pursuing a pedestrian accident lawsuit must file their claim within two years from the accident date (Illinois Compiled Statutes). Missing this statutory window typically results in the court dismissing the case, regardless of the strength of the evidence.

Timely action is vital to complying with legal requirements, preserving crucial evidence, strengthening witness recollections, and enhancing negotiation leverage with insurance companies. Delays can significantly weaken your position and reduce the likelihood of obtaining full and fair compensation.

Role of Legal Representation in Maximizing Pedestrian Settlements

Hiring a personal injury attorney can significantly influence the outcome of your pedestrian accident lawsuit. In Chicago, attorneys bring localized knowledge of city traffic patterns, municipal liability laws, and common insurance tactics.

A lawyer can:

• Negotiate assertively with insurance companies to counter lowball settlement offers and maximize the value of your claim.
• Investigate the accident thoroughly by working with private investigators and accident reconstruction experts to strengthen the evidence.
• Handle paperwork and filings meticulously, ensuring that all court documents, settlement demands, and insurance forms meet strict procedural standards.
• Takes the fight to court when insurers refuse to pay fair compensation.
• Shields you from tactics designed to chip away at your case.

Chicago-specific factors, like comparative negligence claims or municipal liability issues, require sharp legal thinking. Partnering with the right attorney can mean the difference between a disappointing payout and full financial recovery.

Settlement Payout For A Pedestrian Hit By A Car

Factors That Affect The Amount Of Pedestrian Accident Settlements

Each pedestrian accident claim is unique, and settlement values differ according to the specifics of the incident. Several critical factors influence the final payout:

Severity and Extent of Injuries

The settlement of the victim depends a lot on the type and degree of their injuries. Higher payouts usually follow from more serious or life-changing injuries. Some instances are: 

• Traumatic brain injuries (TBI): Injuries that affect cognitive abilities, memory, and quality of life usually lead to extensive compensation.
• Spinal cord injuries: Damage that results in paralysis or long-term mobility issues significantly increases the value of settlements.
• Broken bones and fractures: Serious fractures requiring surgeries, rehabilitation, or permanent impairment also warrant higher compensation.
• Permanent disabilities and disfigurement: Settlements rise considerably for injuries that permanently alter the victim’s appearance or physical abilities.
  

Total Medical Expenses (Past and Future)

Usually, pedestrian accident settlements cover present as well as future medical costs. Considerations include:

• Emergency medical care costs: Ambulance services, emergency room visits, initial diagnostic testing, and immediate treatments.
• Ongoing medical treatments: Follow-up doctor visits, medical equipment, medications, physical therapy, occupational therapy, and other rehabilitation services.
• Surgical expenses: Costs of necessary surgical procedures, hospital stays, and postoperative care significantly increase total compensation.
• Future medical costs: Calculated by medical experts, these include anticipated treatments, surgeries, therapy, and long-term medical management or assisted living requirements.

Lost Wages and Impact on Future Earnings

Frequent settlements cover lost income and decreased future earning ability resulting from injuries including:

• Immediate loss of income: Compensation for wages missed while recovering from injuries or attending medical treatments.
• Reduced earning capacity: If injuries permanently affect the victim’s ability to perform job duties, compensation may include lost future earnings and career opportunities.
• Vocational retraining costs: Settlement amounts may also include expenses for retraining or education if the victim must transition to a new occupation.

Pain, Suffering, and Emotional Trauma

The intangible impacts of pedestrian accidents can dramatically affect settlement amounts. Non-economic damages considered by Illinois courts include:

• Physical pain and suffering: Monetary value assigned based on severity, duration, and the overall impact on the victim’s daily life.
• Emotional distress and mental health impacts: Settlements often compensate victims for anxiety, depression, PTSD, sleep disorders, or psychological trauma resulting from the accident.
• Loss of enjoyment of life: Compensation addresses the victim’s inability to engage in hobbies, recreational activities, family life, and other previously enjoyable activities.

Determination of Fault and Liability

Establishing fault significantly influences settlement amounts in Illinois. Key considerations include:

• Clear fault of the driver: Cases where the driver clearly violated traffic laws—such as speeding, distracted driving, DUI, or running a red light—generally result in higher settlements.
• Disputed liability: If liability is unclear or contested, settlement negotiations become more complicated, potentially reducing the compensation amount.
• Shared fault scenarios: Illinois applies modified comparative negligence laws, meaning if the pedestrian is partially responsible, their total compensation can be reduced proportionally by their percentage of fault.

Insurance Policy Coverage Limits

Insurance coverage can cap the maximum compensation available in pedestrian accident cases. Factors include:

• At-fault driver’s insurance policy limits: Coverage limits of the responsible driver can limit maximum settlement amounts.
• Victim’s underinsured/uninsured motorist coverage: If the at-fault driver lacks sufficient insurance, the victim’s own policy may provide additional compensation, increasing potential settlement amounts.
• Multiple responsible parties: Situations involving more than one liable party (such as commercial vehicles, city maintenance issues, or third-party negligence) can increase the potential insurance coverage and compensation pool.

Quality and Experience of Legal Representation

The attorney’s proficiency, negotiation skills, and familiarity with local Chicago laws significantly affect settlement outcomes:

• Proficient negotiation skills: Attorneys skilled at negotiating with insurers typically secure higher settlements by demonstrating the full extent of damages convincingly.
• Case preparation and investigation: Comprehensive preparation—including expert witness testimony, accident reconstruction, and meticulous documentation—strengthens cases and enhances settlement value.
• Reputation and litigation readiness: A respected law firm with a proven track record and readiness to litigate effectively encourages insurers to offer fairer settlements rather than risking expensive courtroom trials.

Accurate estimate of a possible payoff depends on an awareness of these affecting factors.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

What to do if you’ve been hit by a car?

If you’ve been hit by a car in Chicago, your immediate actions are crucial to your health, safety, and legal rights. Follow these steps:

• Seek Immediate Medical Attention: Even if injuries seem minor, get evaluated by a medical professional immediately. Some injuries might not surface symptoms until later.
• Call the Police: Always notify local law enforcement. A police report provides essential documentation that clarifies the facts and strengthens your claim.
• Document the Accident Scene: If able, take photos or videos of the scene, vehicle involved, street signage, crosswalks, traffic signals, and visible injuries.
• Collect Witness Information: If witnesses are present, obtain their names and contact details. Witness accounts provide objective evidence supporting your claim.
• Avoid Admitting Fault: Do not make statements about fault or liability at the scene. Limit your communication to factual details.
• Report the Accident to Your Insurance Provider: Promptly notify your insurer without speculating or providing unnecessary details that could harm your claim.
• Consult a Skilled Chicago Pedestrian Accident Attorney: Before agreeing to any settlement or speaking in-depth with insurers, contact an experienced attorney who specializes in pedestrian accident cases. They’ll guide you through complexities and maximize your payout.
  

Is the pedestrian considered partially at fault?

Under some conditions, a pedestrian in Illinois can be found partially at blame. Illinois has a “modified relative negligence” model, hence if a pedestrian bears some responsibility for their injuries, compensation may be lessened.

For example, pedestrian carelessness would be taken into account in situations including:

• Ignoring traffic signals or jaywalking
• Crossing streets outside marked crosswalks
• Walking while distracted by phones or headphones
• Stepping unexpectedly into traffic flow

Provided their degree of blame is less than 50%, wounded pedestrians—even those who share some responsibility—can still receive damages. But their ultimate pay is adjusted by the degree of responsibility given to them. If awarded $100,000 but judged 20% liable, for instance, a pedestrian would get $80,000 in damages.

Chicago pedestrian accident lawyers will contest efforts to wrongly blame victims. Through careful representation, victims can maximize their compensation and minimize or eliminate allegations of partial responsibility.

How Much Is My Case Worth?

In a recent year, estimated crash-related costs in Illinois were $5.5 billion for all crashes. The value of a pedestrian accident case can vary widely – anywhere from a few thousand to over one million dollars. Always have a lawyer determine what your case is worth, which will depend on several factors.

Who was liable for the accident?

Your ability to receive compensation will depend on who was at fault in the accident. The fault is not always clear. Illinois has adopted modified comparative negligence, which allows a victim to recover financially for an accident if he or she is not more than 50% responsible.

A pedestrian could be at least partially at fault for an accident if his or her actions were illegal, such as jaywalking. In Illinois and most states, it is illegal for a pedestrian to suddenly leave a curb or sidewalk and run into the path of a moving vehicle.

However, a driver still has a duty to exercise care while operating his or her vehicle and will likely bear some of the cost for your injuries.

The extent of your injuries

If you were in an accident and rushed to the emergency room, you would probably receive a hefty bill.

Medical bills can add up quickly. Depending on your injuries, you may require follow-up visits with your doctor to see specialists, attend physical or other rehabilitative therapies, and even purchase special medical equipment for your home.

If a vehicle operator hits you, you could suffer any of the following injuries:

• Traumatic brain injury (TBI)
• Lower extremity injuries
• Lacerations
• Contusions
• Sprains and strains

A traumatic brain injury ranges from minor to severe. In moderate to severe cases, a person may lose cognitive reasoning and experience problems with coordination and balance. A person who has suffered a moderate to severe TBI will be plagued with long-term chronic health problems.

Insurance Coverage

Illinois requires that you have the following minimum insurance coverage:

• $25,000 for injury or death of one person in an accident
• $50,000 for injury or death of more than one person in an accident
• $20,000 for property damage to another person

Illinois is a tort state, meaning that the motorist’s insurance company, which ultimately caused the accident, will be responsible for paying for damages. However, if you suffer more serious injuries, insurance may be inadequate to cover your medical costs.

The insurance company will attempt to negotiate a settlement offer in this situation. A settlement offer is generally two to three times the amount of medical bills and lost wages. However, an insurance carrier rarely takes into account future medical expenses.

How Can I Stay Safe While Walking?

Since you cannot rely on a driver to spot you while walking, you must take the necessary steps to protect yourself.

• Follow the rules of the road and obey signs and signals.
• Walk on sidewalks whenever they are available.
• If there is no sidewalk, walk facing traffic as far from traffic as possible.
• Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
• If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
• Watch for cars entering or exiting driveways or backing up in parking lots.
• Avoid alcohol and drugs when walking; they impair your abilities and judgment.
• Embrace walking as a healthy form of transportation – get up, get out, and get moving.

Even taking all these safety measures, a pedestrian can still be hit by a motorist. Even if you sustained minor injuries, it is crucial that you speak with a personal injury lawyer to guide you through the claim process.

A Chicago Car Accident Lawyer Advocating for You

An insurance carrier will do everything they can before admitting the driver on their policy is at fault. Don’t let yourself be robbed of what is rightfully yours. Contact Malman Law today to schedule your free consultation.