Will County Pedestrian Accident Lawyers

Experienced Attorneys For Victims Struck By Cars in Will County, Illinois

Will County, home to busy roads like Jefferson Street in Joliet, Weber Road in Bolingbrook, and Route 59 in Plainfield, sees a constant mix of high-speed traffic and pedestrian activity. Unfortunately, this combination creates dangerous conditions for people walking to work, school, or local businesses. Recent data shows that pedestrian fatalities are rising in our region despite public safety efforts. For the individuals and families affected, these are not just numbers, they are life-changing events. Our mission is to stand beside you from the very first day, fight for accountability, and work tirelessly to secure the resources you need to rebuild your life.

At John J. Malm & Associates, we have spent decades representing injured pedestrians and their families throughout Will County and the greater Chicago area. Our firm is dedicated exclusively to helping accident victims recover the compensation they deserve after devastating injuries or the tragic loss of a loved one. We understand that pedestrian accidents are among the most serious cases we handle because when a person is struck by a vehicle, there is nothing to shield them from the full force of impact. The results are often catastrophic: traumatic brain injuries, spinal cord damage, multiple fractures, and in far too many cases, death.

What the Data Shows about Will County Pedestrian Accidents

In 2023, Illinois recorded 299,133 total motor vehicle crashes. While pedestrian crashes represented a small share of total incidents, they accounted for a disproportionately high share of the worst outcomes – 17.3% of fatal crashes involved a person walking.

Within Will County specifically, IDOT’s statewide crash report shows 13,707 total crashes in 2023, including 36 fatal and 3,086 injury crashes, underscoring the scale of serious roadway harm within the county.

Regionally, the six-county Chicago metro area (Cook, DuPage, Kane, Lake, McHenry, and Will) saw 144 pedestrian fatalities in 2024, up from 135 in 2023, a 6.7% increase. That continued rise mirrors national trends and reinforces the need for local countermeasures.

Nationally, the trend remains sobering even with recent improvements: 7,314 pedestrians were killed in 2023 (down modestly from the 40-year high reached in 2022), and more than 68,000 were injured. Early looks at 2024 show another slight decline but fatalities remain far above levels a decade ago.

Where and How Will County Pedestrian Crashes Happen

IDOT’s annual report highlights that pedestrian-involved crashes, while relatively infrequent, are heavily represented among severe and fatal outcomes. Practically, that means locations with higher pedestrian volumes, and higher speeds, deserve focused attention: multilane arterials, wide intersections, and corridors with limited crossings or poor lighting.

Will County is acting on this reality. In 2023, the County announced development of its first comprehensive Traffic Safety Action Plan, funded through a federal grant and designed to reduce serious injuries and fatalities on county roads. That planning effort is intended to identify high-risk locations and prioritize safety investments, an important foundation for systemic improvements.

Common Risk Factors We See in Will County Pedestrian Crash Cases

While every crash is unique, certain themes recur in serious pedestrian injury claims here in Will County, Illinois:

• Speeding and inadequate stopping distance on wide arterials and near uncontrolled mid-block crossings.
• Visibility problems at dusk/night, in poorly lit areas, or with parked vehicles obscuring sightlines.
• Failure to yield in crosswalks, particularly during turning movements at signalized intersections.
• Driver distraction (phone use) and impairment (alcohol/drugs).
• Large vehicle mix (full-size pickups/SUVs) that can increase crash severity for people on foot—an issue repeatedly flagged in national analyses.

Typical Injuries in Will County Pedestrian Accidents and Their Long-Term Impact

Pedestrian injuries often include:

• Orthopedic trauma: leg fractures, pelvic fractures, shoulder/elbow injuries.
• Traumatic brain injuries (TBI): concussions through severe diffuse axonal injury; potential long-term cognitive and behavioral changes.
• Spinal injuries: herniated discs, vertebral fractures, spinal cord trauma.
• Internal injuries: organ lacerations, internal bleeding.

Because these injuries can produce permanent limitations, future medical care, vocational losses, and life-care needs are frequently central to case valuation.

Illinois Law That Affects Your Pedestrian Claim

Comparative Fault (Who Bears the Blame?)

Illinois follows modified comparative negligence. If the injured pedestrian is more than 50% at fault, they are barred from recovery; if 50% or less, their damages are reduced by their percentage of fault. How the crash occurred: signals, crosswalks, lighting, speed, and visibility will shape this analysis.

Filing Deadlines (Statutes of Limitations)

• General personal injury: 2 years from the date of injury.
• Claims against local public entities (for example, certain roadway defect claims or crashes involving municipal vehicles): generally 1 year under the Tort Immunity Act.*

* Determining whether a defendant is a “local public entity” can be nuanced; we analyze that immediately so deadlines aren’t missed.

Evidence That Wins Pedestrian Cases in Will County, IL

Your case is built on timely, thorough evidence. The sooner we are involved, the more of this we can preserve:

• Scene evidence: measurements, skid/scuff marks, debris fields, lane geometry, signage, lighting.
• Digital evidence: intersection and business video, vehicle event data recorders (EDRs), smartphone telemetry.
• Vehicle inspections: damage profiles that corroborate impact points and pedestrian throw distances.
• Human factors: visibility analyses, conspicuity, stopping distance calculations, and driver expectancy.
• Medical proof: ER records, imaging, specialist notes, and life-care planning to project future needs.

We routinely work with accident reconstructionists, human-factors experts, biomechanical engineers, and life-care planners to translate these details into compelling proof of fault and damages.

Damages Available in a Will County Pedestrian Claim

Depending on the facts, recoverable damages may include:

• Medical expenses (past and future), rehabilitation, prosthetics, and home modifications.
• Lost income and loss of earning capacity.
• Pain and suffering, loss of normal life, and emotional distress.
• Scarring/disfigurement and related psychosocial harms.
• Wrongful death damages for families, including loss of society and funeral/burial costs (if the crash is fatal).

We also identify all potential insurance sources, including at-fault driver liability coverage, umbrella policies, employer policies (if the driver was on the job), and your own uninsured/underinsured motorist (UM/UIM) coverage, which often becomes critical in severe pedestrian injuries.

What to Do Immediately After a Pedestrian Crash in Will County

• Call 911 and seek medical care. Adrenaline masks pain; prompt evaluation documents injuries and links them to the crash.
• Get police on scene and ensure a report is made.
• Collect information: driver’s name, plate, insurance, witness contacts.
• Preserve photos/video of the scene, injuries, and any nearby cameras (businesses, homes, intersections).
• Avoid recorded statements to insurers before you have counsel; they look for admissions and “comparative fault” angles.
• Contact a Will County pedestrian injury attorney quickly to preserve evidence, manage insurers, and meet strict deadlines (as short as 1 year for local public entity claims).

How Liability Is Proven in Will County Pedestrian Cases

Our litigation strategy in a pedestrian case typically focuses on:

1. Duty and breach: Drivers must exercise due care to avoid colliding with pedestrians; turning drivers must yield to pedestrians in a crosswalk, marked or unmarked, when lawfully crossing. We analyze lane control, signal phasing, sight distance, and speed.
2. Causation: We link the driver’s specific conduct (e.g., left-turn without adequate lookout, speed too fast for conditions) to the injuries, supported by reconstruction and medical causation opinions.
3. Damages: We quantify economic and non-economic harm through medical experts, economists, and life-care planners.
4. Comparative negligence defense: We anticipate and counter arguments that the pedestrian’s conduct was the primary cause, because anything over 50% would bar recovery in Illinois.

Insurance Dynamics That Can Affect Your Recovery

• Minimum limits: Illinois’ minimum auto liability limits are often inadequate in severe pedestrian claims; we pursue all layers (primary + umbrella).
• UM/UIM claims: Your own auto policy’s UM/UIM can apply even if you were walking. This is critical when a driver is uninsured, underinsured, or flees.
• Multiple defendants: Commercial drivers, rideshare drivers, contractors doing road work, or governmental entities (with separate immunities/limits and shorter deadlines) may be implicated.

Frequently Asked Questions about Will County Pedestrian Accidents

Q: How long do I have to file a pedestrian injury lawsuit in Illinois?
A: Generally 2 years from the crash date; if a local public entity is a defendant, the deadline may be 1 year. Don’t wait, investigation and expert work need time.

Q: What if I wasn’t in a marked crosswalk?
A: Unmarked crosswalks exist at most intersections, and drivers still must use due care. Liability turns on the specific facts: signals, right of way, speeds, lighting, and visibility. Comparative fault may reduce recovery but does not automatically bar claims unless your fault exceeds 50%.

Q: The driver says I “came out of nowhere.” Can I still win?
A: Yes, if the physical evidence and reliable testimony show the driver had time and space to see and yield—but failed to. Video, event data, line-of-sight analysis, and expert reconstructions are often decisive.

Q: What if the at-fault driver had low insurance limits?
A: We pursue additional policies (employer, household, umbrella) and your UM/UIM coverage. Early notice to your own carrier is vital to preserve rights.

Our Approach to Will County Pedestrian Cases

We represent injured pedestrians and families throughout Will County, including Joliet, Bolingbrook, Plainfield, Romeoville, Shorewood, Lockport, New Lenox, and beyond. From day one we:

• Lock down evidence (scene canvass, FOIA for traffic camera or intersection video, vehicle EDR downloads).
• Engage the right experts (reconstruction, human factors, life-care planning).
• Coordinate medical care and document future needs for a full damages picture.
• Counter comparative-fault arguments with data-driven analyses of visibility, speed, and driver lookout.
• Pursue every coverage source, including UM/UIM, and address Tort Immunity Act issues when municipalities or public bodies are involved.

Talk to the 5-Star Rated Will County Pedestrian Accident Lawyers at John J. Malm & Associates

If you or a loved one was hit by a vehicle anywhere in Will County, you don’t have to navigate insurers, medical bills, and tight legal deadlines alone. At John J. Malm & Associates, our team of dedicated Will County injury attorneys acts quickly to preserve evidence, establish fault, and pursue full compensation for your medical care, lost income, and long-term needs. Contact us today for a free, no-obligation consultation. We’re ready to help you move forward.