West Chicago Pedestrian Accident Lawyers

Dedicated Injury Attorneys For Pedestrians Struck While Walking in West Chicago, Illinois

Pedestrian safety is a serious issue in West Chicago, where busy intersections, commuter traffic, and neighborhood crossings create unique risks for walkers, runners, and bicyclists. At John J. Malm & Associates, we have dedicated our practice to helping individuals and families throughout DuPage County and the Chicagoland area after serious accidents. Our team understands the devastating impact a pedestrian accident can have, not just on the victim, but on their entire family. With decades of combined experience, our West Chicago personal injury attorneys have successfully recovered millions of dollars for injured clients, providing compassionate guidance and aggressive advocacy every step of the way.

As West Chicago accident attorney John J. Malm explains, “When a pedestrian is struck by a vehicle, the consequences are often life-changing. Our job is to stand up for victims, make sure their voices are heard, and ensure they receive the justice and compensation they deserve.”

The Big Picture: Pedestrian Safety in Illinois and DuPage County

Recent statewide data shows pedestrian risk remains high, even as communities expand walking trails and pedestrian crossings. Illinois recorded 4,533 pedestrian crashes in 2023, resulting in 198 fatalities and 4,244 injuries (with 956 serious injuries). These totals reflect how severe pedestrian impacts are compared to other crash types.

Zooming in locally, DuPage County, home to West Chicago, saw 129 pedestrian crashes in 2023, including 12 fatal crashes and 112 injury crashes. People-level counts show 139 people involved, with 12 fatalities, 121 injuries, and 34 serious injuries. While Cook County accounts for the majority of Illinois pedestrian injuries, these DuPage figures confirm a persistent local problem that demands attention.

Nationally, the pattern is similar: 7,314 pedestrians were killed across the U.S. in 2023 (down modestly from 2022), and an estimated 68,244 were injured. Most fatalities occurred at night (77%), outside intersections (74%), and in urban areas (84%). Alcohol was involved for the driver and/or the pedestrian in 46% of fatal pedestrian crashes. These national characteristics often mirror what we see on suburban arterials in DuPage County and West Chicago.

What the Data Means for West Chicago Residents

Putting the numbers to work:

• Severity is high. Even though pedestrian crashes make up a small share of all collisions, the proportion that cause serious injury or death is much larger than for vehicle-occupant crashes. Illinois’ 2023 totals (198 fatalities; 956 serious injuries) underscore this.
• Local burden is real. DuPage’s 2023 figures, 129 total crashes with 12 fatal, show persistent harm even in suburban settings with shorter block lengths and lower posted speeds than big-city cores.
• Nighttime and non-intersection risk. If you walk at dawn/dusk or at night, assume drivers may not see you. Nationally, 77% of fatal pedestrian crashes happen in the dark, and 74% away from intersections.

For families, these patterns suggest simple protective steps and the importance of fast, thorough investigation when a crash occurs.

Why Pedestrian Crashes Happen in Places Like West Chicago

Even careful walkers and runners are vulnerable when drivers:

• Fail to yield in crosswalks. Illinois law makes clear that motorists must stop and yield to pedestrians in the crosswalk when signals are not present or operating.
• Turn across pedestrians’ paths. Left- and right-turn conflicts at signalized intersections are common, particularly when drivers focus on a gap in traffic instead of the crosswalk.
• Drive too fast for conditions. Higher vehicle speeds reduce a driver’s cone of vision and increase stopping distance; a few extra miles per hour can turn a survivable collision into a fatal one.
• Drive after drinking or when distracted. Alcohol involvement is a factor in nearly half of fatal pedestrian crashes nationally, and distraction remains a widespread risk.
• Travel in low-light environments. Dusk, night, and the winter commute coincide with the majority of deaths. Reflective gear helps, but the burden to see and avoid is on drivers.

In West Chicago and surrounding DuPage communities, these risks concentrate on multi-lane arterials and state routes (like Route 38 and Route 64) that carry regional traffic, as well as near schools, shopping centers, and transit stops, places with more foot traffic crossing wide roads.

The Law in Illinois: Pedestrian Rights and Duties at a Glance

A few core rules shape how pedestrian cases are evaluated in Illinois:

• Crosswalk right-of-way. When there’s no working signal, a driver must stop and yield to a pedestrian in the crosswalk (or approaching so closely as to be in danger). Failing to do so is a violation.
• Drivers must use “due care.” Regardless of signals, every driver must exercise due care to avoid colliding with a pedestrian and take special precautions around children and anyone who appears confused, incapacitated, or intoxicated.
• Comparative negligence (fault-sharing). Illinois applies a modified comparative fault rule. If the pedestrian is more than 50% at fault, they are barred from recovery; at 50% or less, recovery is reduced by their percentage of fault.
• Deadline to file (statute of limitations). Most Illinois personal injury lawsuits, including pedestrian crashes, must be filed within two years of the injury. There are exceptions, but missing this deadline can end a claim.

These statutes matter because insurance carriers often argue a pedestrian “darted out,” crossed against the light, or was outside a crosswalk. Evidence and reconstruction can counter those claims, especially where turning drivers failed to look, speeds were excessive for conditions, or sight lines were compromised.

Common Injuries After a Pedestrian Crash in West Chicago, Illinois

Because people on foot have no crash protection, injuries in a West Chicago crash are often serious and include:

• Head and brain injuries (concussions, traumatic brain injury)
• Spinal injuries and fractures (pelvis, legs, ribs)
• Internal organ injuries from blunt force trauma
• Soft-tissue damage and lacerations
• Psychological trauma (anxiety, PTSD)

Medical bills after an accident mount quickly, and recovery can require surgery, ongoing therapy, time off work, and long-term care planning.

What to Do Right After a West Chicago, IL Pedestrian Accident

If you can do so safely (or ask someone to help):

• Call 911 and get medical care, even if you feel “ok.” Some injuries present hours later.
• Get the driver’s information (name, license, plate, insurance).
• Document the scene with photos/video: the vehicle, damage points, skid marks, crosswalk markings, signal heads, lighting, and your injuries.
• Identify witnesses (names, numbers) and nearby businesses with cameras.
• Preserve your shoes and clothing, they can matter in reconstruction.
• Avoid recorded statements to insurers until you’ve spoken with a West Chicago pedestrian accident lawyer.

These steps help secure the evidence you’ll need to prove fault and damages.

Proving Fault: Evidence That Moves the Needle

Strong pedestrian cases in West Chicago typically involve:

• Scene evidence: physical measurements, sight lines, lighting conditions, lane widths, and signal timing.
• Video: dashcams, storefront cameras, transit or municipal cameras when available.
• Vehicle data: event data recorders (EDRs) that can show speed, braking, and steering.
• Human factors: visibility, glare, driver workload during turns, and pedestrian conspicuity.
• Police reports and citations: failure to yield, speeding, distracted driving.
• Medical documentation: connects impact forces to the injuries and long-term limitations.

Where disputes arise over who had the signal or whether a pedestrian was “outside the crosswalk,” careful mapping and video can be decisive, especially when paired with Illinois’ due-care requirement for drivers and the crosswalk right-of-way rule.

How West Chicago Pedestrian Accident Claims Get Valued

Insurers evaluate pedestrian injury claims based on:

• Liability strength (clear failure to yield vs. contested facts)
• Medical treatment (diagnoses, objective findings, surgery)
• Permanency (impairment ratings, future care needs)
• Lost wages and loss of earning capacity
• Comparative fault arguments (e.g., dark clothing at night)

Illinois’ comparative negligence statute can reduce a payout if an insurer convinces a jury that a pedestrian shared fault. A thorough investigation and expert analysis help keep percentages accurate and fair.

Damages You Can Pursue After a West Chicago Pedestrian Crash

Depending on your case, recoverable damages may include:

• Medical costs (past and future)
• Lost income and loss of earning capacity
• Pain and suffering and loss of normal life
• Disfigurement and emotional distress
• Wrongful death damages (for families), including loss of support and companionship

Frequently Asked Questions About West Chicago Pedestrian Accidents

Does jaywalking kill my claim?
Not necessarily. Illinois’ modified comparative negligence can reduce recovery if you share fault, but being outside a crosswalk does not automatically bar a claim, especially if a driver was speeding, inattentive, or failed to exercise due care. The bar only applies if you’re more than 50% at fault.

What if the driver says they “didn’t see” me?
Drivers must see what should be seen and use due care to avoid people in the roadway. Poor lookout is not a defense.

Do I really need to act quickly?
Yes. Evidence can disappear in days, and the general filing deadline is two years. Early investigation preserves video, measures sight lines, and protects your rights.

How John J. Malm & Associates Builds (and Wins) a West Chicago Pedestrian Case

A serious pedestrian case benefits from on hard work on:

• Rapid evidence preservation (FOIA requests for traffic camera footage; letters to nearby businesses; vehicle EDR downloads)
• Accident reconstruction to model speeds, sight lines, and signal timing
• Human-factors analysis to explain driver perception-response issues
• Medical and economic experts to quantify future care and wage loss
• Strategic negotiation framed around the statutes that put the yielding burden on drivers and the data that shows why night, turning, and arterial-road crashes are so dangerous here.

Contact the Top-Rated West Chicago Pedestrian Accident Lawyers at John J. Malm & Associates

If you or someone you love was struck while walking in West Chicago or anywhere in DuPage County, you shouldn’t have to go toe-to-toe with an insurer while you’re trying to heal. At John J. Malm & Associates, we know how to secure video, lock down witness accounts, and use the Illinois rules, including crosswalk right-of-way and driver “due care”, to hold motorists accountable. Our West Chicago pedestrian accident attorneys build the medical and economic proof to recover full and fair compensation, and we move quickly so evidence doesn’t disappear and deadlines don’t pass. Contact us today for a free, no-obligation consultation. We’ll explain your options, protect your rights, and start the investigation immediately so you can focus on recovery.