Twenty miles per hour doesn’t feel fast in a car. But on a shared path where people stroll, pause, and drift unpredictably, it can feel sudden. And when something goes wrong, the consequences unfold in seconds.

This is the quiet shift happening across cities and suburbs as spring and summer approaches. Electric bicycles, heavier, faster, and increasingly common, are transforming how people move. But they are also changing the physics of everyday bicycle accidents in ways many riders, pedestrians, and even policymakers don’t fully appreciate.

Because when an e-bike strikes a pedestrian, the human body becomes the crumple zone.

The Moment Where Physics Takes Over

Engineers and accident reconstruction experts use a concept called delta-V, or change in velocity, to understand how injuries occur during crashes. Delta-V measures how quickly the body accelerates during an impact. The faster the change, the greater the force applied to the human body.

In car crashes, seatbelts, airbags, and vehicle structure help absorb and spread out that force. These systems reduce delta-V and increase survivability. Pedestrians, by contrast, have none of those protections.

Illinois e-bike accident attorney John J. Malm explains: “When you analyze these crashes from an engineering standpoint, an e-bike behaves more like a small motorcycle than a traditional bicycle. The added weight and speed increase delta-velocity, and that’s what leads to catastrophic injuries.”

That’s because e-bikes combine two key factors: mass and speed. A traditional bicycle weighs roughly 20 to 30 pounds. Many e-bikes weigh 50 to 80 pounds, and cargo models can exceed 100 pounds. Add a rider, and the total moving mass often reaches 300 pounds or more.

At the same time, speeds increase:

• Traditional bicycles: 8–15 mph
• Class 1 and 2 e-bikes: up to 20 mph
• Class 3 e-bikes: up to 28 mph

Because kinetic energy increases with the square of velocity, even modest increases in speed dramatically increase impact force. That means a collision at 20 mph isn’t just slightly worse than one at 12 mph, it can involve two to three times the force. At 28 mph, those forces become even more significant.

And unlike a car crash, where energy is absorbed by metal and safety systems, a pedestrian absorbs nearly all of it.

The Biomechanics of an E-Bike Collision

From a biomechanics standpoint, pedestrian collisions rarely involve a single impact. Instead, they typically involve two separate impacts. The first occurs when the e-bike strikes the pedestrian’s lower body: often the legs, hips, or pelvis. This impact transfers energy and rotates the body forward.

The second occurs when the pedestrian falls to the ground. This secondary impact frequently causes:

• Traumatic brain injuries
• Shoulder fractures
• Spinal injuries
• Internal bleeding

This two-stage impact dramatically increases injury severity. The first collision transfers energy. The second often produces the most serious injuries. Unlike drivers or even cyclists, pedestrians cannot dissipate energy. The human body absorbs nearly 100 percent of the force.

As John J. Malm explains:

“When an e-bike strikes a pedestrian, there’s nowhere for that energy to go. The pedestrian absorbs the entire force. That’s why even moderate-speed collisions can be catastrophic or fatal.”

Four Real-World Spring and Summer Scenarios

These collisions don’t happen in extreme conditions. They happen in everyday spring and summer moments.

A pedestrian drifts slightly into a shared path.
An e-bike approaches quietly at 22 mph.
Limited reaction time.
Impact.

A pedestrian crosses a quiet residential street.
An e-bike appears from behind parked cars traveling 18 mph.
Collision.

A shopper exits a storefront onto a sidewalk.
An e-bike traveling 15 mph cannot stop in time.
Impact.

A pedestrian enters a crosswalk.
An e-bike traveling 20–25 mph fails to yield.
Collision.

Each of these scenarios occurs regularly during warmer months. And each involves significant delta-V forces. Even speeds below 28 mph can produce severe injuries. Because when the human body absorbs the full impact, survivability decreases rapidly.

Why Pedestrians Face the Greatest Risk

Drivers benefit from:

• Airbags
• Seatbelts
• Crumple zones
• Structural protection

Motorcycle riders may benefit from helmets and protective gear. Cyclists face greater risk but may still dissipate some energy through motion or deflection. Pedestrians have none of these protections.

From a biomechanical standpoint, pedestrians experience the most dangerous scenario: direct force transfer combined with secondary ground impact. Once acceleration forces exceed survivable thresholds, catastrophic injuries become likely.

Visualizing the Physics

The chart below illustrates how different road users experience impact forces and survivability.

The comparison highlights an important reality:

• Car occupants benefit from structural protection
• Motorcycle riders face elevated risk
• Cyclists face increased injury severity
• Pedestrians absorb nearly all of the force

This is why pedestrian collisions often produce the most serious injuries.

Why Spring and Summer Increases the Risk

Both spring and summer changes behavior. More people walk outdoors. Bike paths fill. Neighborhood streets become shared spaces. At the same time, e-bike usage increases.

These trends create more interaction between riders and pedestrians, and more opportunities for collisions. E-bikes also operate quietly, reducing warning signals. Pedestrians often don’t hear them approaching.

Why E-Bikes Deserve More Scrutiny

E-bikes occupy a unique space between bicycles and motor vehicles. But safety regulations and infrastructure haven’t fully adapted.

Unlike motorcycles, e-bikes often require:

• No license
• No insurance
• No formal training

Yet they travel at speeds approaching motorized vehicles, often in pedestrian environments.

Additional concerns include:

• Heavier frames increase stopping distance
• Electric acceleration reduces reaction time
• Quiet operation reduces warning signals
• Mixed-use paths increase interaction

These factors create a growing safety concern.

Cities are beginning to explore:

• Speed limits on shared paths
• Infrastructure improvements
• Rider education
• Equipment standards

But adoption is growing faster than policy.

The Quiet Shift in Summer Streets

E-bikes offer enormous benefits: convenience, accessibility, and mobility. They reduce traffic congestion and provide efficient transportation. But they also change the physics of everyday life.

Heavier. Faster. Quieter. And when collisions occur, those differences matter.

As John J. Malm explains:

“E-bikes are changing how we think about bicycle safety. These aren’t low-speed bicycles anymore. When collisions occur, the forces involved can be life-changing.”

Frequently Asked Questions About E-Bike vs. Pedestrian Crashes

Q: Who is at fault in an e-bike vs. pedestrian accident?

A: Fault in an e-bike versus pedestrian crash depends on negligence, specifically, who failed to exercise reasonable care under the circumstances. E-bike riders must follow traffic laws, yield to pedestrians in crosswalks, and maintain safe speeds, especially on shared paths. Pedestrians, however, also have responsibilities, such as obeying traffic signals and avoiding sudden or unpredictable movements into traffic.

Q: Are e-bike riders subject to the same laws as traditional bicyclists?

A: Generally, yes. In Illinois, most e-bike riders are subject to the same rules of the road as traditional bicyclists. However, the classification of the e-bike (Class 1, 2, or 3) can affect where it is legally allowed to operate and how fast it can travel.

Q: Can a pedestrian sue an e-bike rider after an accident?

A: Yes. If a pedestrian is injured due to an e-bike rider’s negligence, such as speeding, distracted riding, or failing to yield, the pedestrian may pursue a personal injury claim.

Q: What if the e-bike rider was working for a delivery service?

A: If the e-bike rider was working at the time of the crash, for example, delivering food or packages, their employer may be held liable under the legal doctrine of respondeat superior. This can significantly impact the value of a claim, as companies often carry larger insurance policies than individual riders.

Contact the Top Illinois Injury Attorneys at John J. Malm & Associates for Help After an E-Bike Pedestrian Accident

E-bike versus pedestrian accidents often involve serious injuries, complicated liability issues, and insurance challenges that can quickly overwhelm victims and their families. Determining fault, preserving evidence, and negotiating with insurers requires a strategic and experienced approach. At John J. Malm & Associates, we understand how to investigate these cases, identify all responsible parties, and aggressively pursue the compensation you deserve.

If you or a loved one has been injured in an e-bike accident, do not wait to get the guidance you need. Contact our office today for a free consultation. We will evaluate your case, explain your legal options, and fight to protect your rights every step of the way.

“When sidewalks are absent, both walkers and drivers must exercise extreme caution, but even the best precautions cannot replace safe infrastructure. When negligence turns a legal walk into a life-altering injury, our firm stands ready to seek justice.” — John J. Malm, Naperville pedestrian accident attorney

Illinois Law on Where Pedestrians Can Walk

Under the Illinois Vehicle Code, the state sets clear rules about how pedestrians must behave when walking along public roads and highways. Key provisions include:

• Sidewalks Required When Available: If a sidewalk exists and it is practicable to use it, a pedestrian must not walk on the adjacent roadway.
• Shoulders When No Sidewalk Exists: When no sidewalk is available, pedestrians must walk only on the shoulder, as far from the roadway’s edge as practicable.
• No Sidewalk or Shoulder: If neither a sidewalk nor a shoulder is available, a pedestrian must walk as near as practicable to the outside edge of the roadway. On two-way roads, pedestrians should walk on the left side of the roadway (facing oncoming traffic).
• Yielding the Right of Way: In all cases, pedestrians on a roadway must yield the right of way to vehicles unless they are crossing within a marked or unmarked crosswalk where right-of-way rules apply.

These rules balance pedestrian mobility with traffic safety, but walking in the roadway, particularly in areas built without pedestrian infrastructure, still carries real risk.

Why Illinois Has These Rules

The rationale behind these provisions is simple: protect pedestrians while minimizing conflicts with vehicle traffic.

• Sidewalks are designed to separate pedestrians from motor vehicles.
• Shoulders offer the next safest option when sidewalks are absent.
• Walking against traffic helps pedestrians see oncoming vehicles and improves driver visibility.

These legal rules aim to reduce the likelihood of serious collisions, especially on roads where motor vehicles travel at higher speeds.

Pedestrian Crash Statistics in Illinois

Despite legal guidelines and safety campaigns, pedestrian crashes cause significant injury and death in Illinois each year. Recent crash data illustrates the severity:

• In recent IDOT data, pedestrian-involved crashes accounted for over 200 fatal crashes and more than 3,500 injuries statewide.
• Crashes involving pedestrians make up an estimated 1.3% of all reported crashes, but they represent a disproportionate share of severe injuries and fatalities.

Another reporting source noted a concerning increase in pedestrian fatalities, while overall traffic deaths declined, pedestrian deaths reportedly rose by 9.5% year over year.

These statistics highlight the continuing danger pedestrians face, particularly in areas without sidewalks or designated pedestrian facilities.

Common Hazards for Pedestrians Without Sidewalks

Walking without a sidewalk increases exposure to vehicle traffic. Some common hazards include:

• Limited visibility for both drivers and pedestrians
• High-speed traffic with minimal room for pedestrian avoidance
• Lack of crosswalks or safe crossing points
• Road debris, uneven shoulder surfaces, or drainage ditches
• Distracted drivers or pedestrians

These conditions create high-risk environments, especially when legal walking areas are narrow or poorly maintained.

Best Practices for Pedestrians Without Sidewalks

Even where the law permits walking along a roadway, safety should always be a top priority. If you find yourself walking where there’s no sidewalk:

Safe Walking Tips

• Face oncoming traffic when walking along a road without a sidewalk.
• Stay on the shoulder or as far off the road as possible.
• Wear bright, reflective clothing when walking at dawn, dusk, or night.
• Use a flashlight or headlamp in low-light conditions.
• Avoid walking under the influence of alcohol or drugs.
• Make eye contact with drivers before stepping toward the roadway.
• Cross at intersections or marked crosswalks whenever possible.

These measures do not guarantee safety, but they significantly improve visibility and reduce risks.

What Drivers Need to Know

Illinois law doesn’t just regulate pedestrian behavior, it also places responsibilities on drivers. Drivers must:

• Yield to pedestrians in marked crosswalks.
• Slow down in areas with heavy foot traffic.
• Watch for pedestrians on shoulders and roadway edges.
• Exercise extra caution at night and in poor weather conditions.

Drivers ignoring these responsibilities contribute to the high rate of serious and fatal pedestrian collisions each year.

FAQs About Pedestrian Roadway Use in Illinois

Q: Can I walk on any road in Illinois if there’s no sidewalk?
A: Only on roads where walking isn’t otherwise prohibited (built-up highways like interstates typically prohibit pedestrian access). On most other public roads, you must walk on the shoulder or outside edge facing traffic if no sidewalk exists.

Q: What happens if I walk on a roadway instead of a sidewalk when one exists?
A: That action may violate the state vehicle code, and in the event of a crash, it could be considered negligent conduct that affects your legal rights.

Q: Do pedestrians always have the right of way?
A: No. Pedestrians have special right-of-way at marked or unmarked crosswalks at intersections, but walking along a roadway generally does not confer automatic right-of-way unless crossing at a designated location.

Q: Are there penalties for violating pedestrian road rules?
A: Yes. Local jurisdictions can enforce fines or citations for violations of pedestrian rules, particularly if a person’s actions are found to endanger themselves or disrupt traffic flow.

Q: What should I do if a driver hits me while I’m legally walking?
A: Seek medical care immediately, then contact an experienced Illinois pedestrian accident attorney to protect your rights and pursue compensation for injuries and losses.

Contact the Award-Winning Pedestrian Accident Lawyers at John J. Malm & Associates

Understanding where pedestrians are allowed to walk in Illinois, and the risks involved, is critical for both individuals on foot and the drivers who share the road with them. When sidewalks are absent, Illinois law provides clear guidance: use the shoulder when practicable, stay as far from traffic as possible, and always face oncoming vehicles.

But laws and cautionary measures alone are not enough. With hundreds of pedestrian injuries and fatalities occurring each year in Illinois, many of which involve pedestrians legally walking where sidewalks don’t exist, it’s clear that unsafe road conditions continue to endanger lives.

If you or a loved one has been injured while walking, whether on a shoulder, at an intersection, or simply trying to navigate a road without a sidewalk, you shouldn’t have to shoulder the burden alone. Contact John J. Malm & Associates today so we can review your case, protect your rights, and fight for the compensation you deserve. At a time when injuries can change lives instantly, having the right legal partner by your side makes all the difference.

The increase in pedestrian fatalities has profound implications for families, communities, and policymakers. Unlike many other types of traffic crashes, pedestrian accidents often result in catastrophic injury or death. Because pedestrians lack the protection of an enclosed vehicle, even low-speed impacts can produce life-altering outcomes. The rise in such deaths has driven state officials to explore structural policy changes and safety interventions in an effort to prevent future tragedies.

Understanding the Numbers and Trends

While the overall number of vehicle crash deaths in Illinois in 2024 and 2025 registered around 1,170–1,180 each year, pedestrian deaths have steadily increased during that same period. This rise occurs despite an average statewide decrease in total crash fatalities of about 3.4 percent annually between 2021 and 2025. The unsettling implication is that broader road safety improvements have yet to sufficiently address the unique vulnerabilities faced by people walking.

Nationally, traffic safety trends show mixed results. Preliminary estimates from federal safety agencies indicate that traffic fatalities declined modestly in 2025 in some measures, but the number of deaths remains unacceptably high overall. Factors like distracted driving, increased vehicle miles traveled, and the prevalence of larger, heavier vehicles contribute to risk on both local and interstate roads. While some safety programs have had an impact on reducing certain types of crashes, pedestrian safety continues to be an area that requires targeted attention.

Local Variations Within Illinois

Safety trends are not uniform across the state. In more urban counties such as Cook, DuPage, Lake, and McHenry, crash fatalities, including those involving pedestrians, have seen fluctuations. Between 2024 and 2025, Cook County experienced a decrease in overall traffic deaths from 366 to 341. Meanwhile, Kane County reported an increase in fatalities from 30 to 37.

These variations underscore the need for local, context-specific solutions in addition to statewide policy changes. Community engagement, infrastructure redesign, and public education all play critical roles in improving safety outcomes.

Pedestrian Safety: Key Risk Factors

Addressing pedestrian fatalities requires a multifaceted approach that considers a range of contributing factors:

• Road Design and Infrastructure: Poor lighting, lack of sidewalks, and wide turning radii at intersections make hazardous environments for pedestrians.
• Driver Behavior: Speeding, distracted driving, and impaired driving remain leading factors in pedestrian crashes.
• Visibility Issues: Crashes that occur at night or in low-visibility conditions are more likely to result in severe injury or death.
• Demographic Risks: Certain populations, such as older adults, are more vulnerable to severe injuries in pedestrian collisions.

The Illinois Zero Traffic Fatalities Task Force

In response to these trends, the Illinois Zero Traffic Fatalities Task Force was created under state law with the ambitious goal of eliminating all traffic deaths. The task force brings together transportation officials, safety advocates, engineers, public health professionals, and law enforcement to develop comprehensive policy recommendations and strategic actions.

Among the proposals under consideration are:

• Revisiting Speed Limits on Local Roads: One key idea is to make it easier for municipalities to lower statutory speed limits on state routes in residential or high-pedestrian-activity areas. Under proposed changes, local agencies could request speed reductions to 25 mph or even 20 mph based on engineering studies, and the Illinois Department of Transportation (IDOT) would be required to respond within a specified timeline.
• Traffic Camera Law Adjustments: The task force has discussed revisiting state laws governing automated traffic enforcement, such as red-light and speed cameras, to broaden their use as a safety tool rather than solely a revenue generator.
• Evaluation of Right-Turn-on-Red Restrictions: Officials are evaluating whether limiting right turns on red in certain areas could reduce conflicts between turning vehicles and pedestrians, especially in busy urban intersections.
• Behavioral and Technological Interventions: Task force members are also exploring the use of technology to deter habitual speeding and other dangerous behavior, as well as educational campaigns to promote safer driving habits among motorists.

These proposals align with a broader movement in traffic safety known as Vision Zero, an international strategy focused on eliminating all traffic fatalities and serious injuries. At its core, Vision Zero prioritizes system design and safety over traditional cost–benefit approaches that accept some level of fatalities as unavoidable.

Why Speed Matters

Data consistently show that vehicle speed plays a pivotal role in the severity of pedestrian accidents. A vehicle traveling at 30 mph that strikes a pedestrian has roughly a 45 percent chance of causing death or serious injury. That risk drops to approximately 5 percent when a vehicle is traveling at 20 mph. This stark contrast highlights why many safety advocates are calling for lower speed limits in areas with high pedestrian activity.

Advocates also note that many arterial roads outside urban cores are designed in ways that encourage higher speeds. Wide lanes, long signal cycles, and minimal traffic calming features can send a visual cue to drivers that higher speeds are acceptable, even in areas where pedestrians cross frequently.

The Human Toll of Fatal Pedestrian Accidents

For families and communities affected by fatal pedestrian crashes, the loss is both tragic and far-reaching. Beyond the immediate emotional devastation, families often face complicated legal and financial challenges as they seek justice and accountability.

As Naperville personal injury attorney John J. Malm explains: “Losing a loved one in a pedestrian crash is a catastrophic event that raises medical, financial, and emotional questions all at once. Careful evidence collection of camera footage, vehicle data, and timely toxicology and crash reports often determines both whether the responsible parties are held accountable and whether families obtain the resources they need to rebuild. At John J. Malm & Associates, we move fast in these cases because every hour can mean lost evidence and fewer options for truth.”

Frequently Asked Questions About Fatal Pedestrian Accidents

Q: What is a fatal pedestrian accident?
A: A fatal pedestrian accident occurs when a person walking is struck by a vehicle and sustains injuries that result in death. These incidents can happen on roadways, at crosswalks, at intersections, or even in parking areas.

Q: Why are pedestrian fatalities rising in Illinois?
A: Pedestrian deaths have increased due to a combination of factors, including higher traffic volumes, dangerous road designs, speeding, and insufficient pedestrian infrastructure in some areas. Despite overall reductions in traffic deaths, pedestrians remain vulnerable.

Q: What can state and local governments do to improve pedestrian safety?
A: Government agencies can implement lower speed limits in pedestrian-dense areas, improve crosswalk visibility, install traffic calming features, update traffic laws (such as restrictions on right turns on red), and invest in public education campaigns.

Q: Are pedestrians always at fault in a pedestrian accident?
A: No. Fault depends on the specific circumstances of each crash. Many pedestrian fatalities occur because of negligent driver behavior. A legal inquiry typically examines traffic laws, driver conduct, evidence from the scene, and other factors to determine liability.

Q: What should families do after a fatal pedestrian accident?
A: Families should ensure that authorities have been notified and that an official crash report is filed. Consulting an experienced Illinois wrongful death attorney can help navigate legal responsibilities, gather evidence, protect rights, and pursue compensation for losses.

Q: What types of compensation might be available in fatal pedestrian accident cases?
A: Compensation may include medical and funeral expenses, loss of financial support, loss of companionship, pain and suffering, and punitive damages in certain cases where reckless conduct was involved.

Contact the Top-Rated Illinois Fatal Pedestrian Accident Attorneys at John J. Malm & Associates

Pedestrian fatalities are not merely statistics, they are preventable tragedies that devastate families across Illinois. Each life lost on our roads represents a story cut short and a community forever changed. The rise in pedestrian deaths highlights the urgent need for systemic change: through policy reform, infrastructure improvements, and shared commitment to safer driving practices.

If you or a loved one has been affected by a fatal pedestrian accident, you do not have to navigate the aftermath alone. The experienced Illinois pedestrian crash lawyers at John J. Malm & Associates are here to help you understand your legal rights, pursue justice, and secure the compensation your family deserves. Contact our firm today for a consultation, and let our experienced legal team fight on your behalf. Every life matters, and together we can work toward a future where tragedies on our streets are a thing of the past.

At John J. Malm & Associates, our top-rated Illinois pedestrian accident attorneys have seen firsthand the devastating impact of pedestrian crashes on victims and their families. Whether it’s a driver running a red light, failing to yield at a crosswalk, or backing out of a parking space without looking, these preventable accidents often result in catastrophic or fatal injuries. Understanding how pedestrian crashes happen, and what to do if you’re struck, is critical to protecting your health, safety, and legal rights.

Key Pedestrian Crash Statistics and Trends

Understanding the broader context of pedestrian accidents highlights just how widespread and serious this issue has become:

• Pedestrian fatalities increased 57% between 2009 and 2022, even as overall traffic deaths rose just 25%.
• Most deaths occur on urban arterials, often where sidewalks and safe crossings are missing.
• Illinois ranks among the top half of U.S. states for pedestrian fatalities, with 195 pedestrian deaths reported in 2023, a concerning upward trend compared to previous years.
• The majority of victims are hit by the front of a vehicle, emphasizing the importance of better vehicle design and pedestrian detection systems.

The Top 5 Types of Pedestrian Accidents

1. Pedestrian Crossing While Vehicle Travels Straight

The most common type of pedestrian crash occurs when a pedestrian is crossing the street, either at a crosswalk or midblock, and a vehicle continues straight through, striking them. National Highway Traffic Safety Administration (NHTSA) data show that nearly 40% of fatal pedestrian crashes occur in this scenario.

Common causes include:

• Drivers failing to yield to pedestrians in marked crosswalks
• Speeding or distracted driving
• Poor roadway design that encourages midblock crossings
• Insufficient crosswalk visibility or signage

Prevention strategies:

• Install more marked crosswalks and pedestrian refuge islands
• Add pedestrian-activated signals
• Enforce speed limits and yield laws
• Use vehicle technologies like pedestrian automatic emergency braking

2. Turning Vehicle Collisions at Intersections

Turning crashes, especially left-turn accidents, are another leading cause of pedestrian injuries and fatalities. The Insurance Institute for Highway Safety (IIHS) found that SUVs and pickups are significantly more likely than smaller cars to strike pedestrians while turning left, largely due to higher hoods and larger blind spots.

Typical causes:

• Drivers looking for oncoming traffic instead of pedestrians
• Confusing signal phases or lack of protected turn lights
• Larger vehicles with poor visibility

Safety improvements:

• Add protected turn phases and pedestrian-exclusive signals
• Educate drivers on pedestrian right-of-way laws

3. Walking Along the Roadway

Pedestrians walking along the edge of the roadway, often where no sidewalks exist, face a significant risk, especially on high-speed rural or suburban roads. According to the Governors Highway Safety Association (GHSA), more than 70% of pedestrian fatalities occur away from intersections, frequently on arterial roads with high traffic speeds.

Why it happens:

• Lack of sidewalks or pedestrian paths
• Nighttime conditions and low visibility
• Higher vehicle speeds and driver inattention

Prevention tips:

• Install sidewalks and wide shoulders
• Improve lighting in areas with foot traffic
• Reduce speed limits in pedestrian zones

4. Backing or Parking Lot Accidents

Backing collisions are especially common in driveways, parking lots, and private property areas. Children and older adults are most at risk. Even with modern backup cameras, drivers may fail to see pedestrians moving behind or near a vehicle.

Common contributing factors:

• Poor visibility due to vehicle blind spots
• Distracted or hurried drivers
• Inadequate signage or parking lot lighting

Prevention:

• Always check mirrors and surroundings before reversing
• Walk behind parked cars cautiously and assume the driver can’t see you
• Property owners should ensure parking lots have clear lines of sight and adequate lighting

5. Nighttime and Low-Visibility Collisions

The majority of pedestrian fatalities, nearly 77%, according to NHTSA, occur at night. Lack of street lighting, dark clothing, and reduced driver reaction time all increase the likelihood of a crash.

Contributing factors:

• Drivers failing to slow down in dark areas
• Poor or nonexistent street lighting
• Pedestrians not visible to drivers until it’s too late

Safety tips:

• Drivers should use high beams when appropriate and remain alert in low-light conditions
• Pedestrians should wear reflective gear or carry a light source at night
• Municipalities should install better lighting in areas with pedestrian traffic

What Pedestrians Should Do After Being Struck by a Vehicle

Being hit by a car is traumatic and confusing. In the moments after a crash, victims often feel disoriented or in shock. Knowing what steps to take can make a major difference in both medical recovery and the success of a personal injury claim.

Here’s what to do immediately after being struck:

1. Move to Safety (If Possible)

If you can move without worsening your injuries, get out of the roadway to avoid secondary collisions. If you’re seriously hurt, stay still and wait for medical help.

2. Call 911

Always report the accident. Request police and medical assistance. The responding officer will file a police report, which serves as a critical piece of evidence for your claim.

3. Get Medical Attention

Even if your injuries seem minor, see a doctor immediately. Adrenaline can mask symptoms of serious trauma such as concussions, internal bleeding, or fractures. Document all medical evaluations and treatment.

4. Gather Information

If you’re able, collect:

• The driver’s name, license, insurance, and plate number
• Contact info for witnesses
• Photos of the scene, your injuries, and vehicle damage
• Any nearby surveillance cameras that might have recorded the crash

5. Do Not Admit Fault or Negotiate with Insurance Alone

Insurance adjusters often contact victims quickly to minimize payouts. Avoid giving recorded statements or signing anything until you’ve spoken with an attorney.

6. Contact an Experienced Illinois Pedestrian Accident Lawyer

A skilled Illinois pedestrian injury attorney can:

• Investigate fault and gather critical evidence
• Handle all communication with insurance companies
• Coordinate medical care and document damages
• Pursue full compensation for medical bills, lost wages, and pain and suffering

As attorney John J. Malm explains: “Pedestrian crashes are often preventable. Investigating exactly how a collision happened, from driver visibility to roadway design, can make the difference between a missed claim and full recovery for an injured victim.”

Frequently Asked Questions About Pedestrian Accidents

Q: How long do I have to file a pedestrian accident claim in Illinois?
A: In most cases, the statute of limitations for personal injury claims in Illinois is two years from the date of the accident. However, claims involving government entities (like city crosswalks or municipal vehicles) may have shorter deadlines.

Q: Can I recover compensation if I was partially at fault?
A: Yes. Illinois follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault, though your compensation will be reduced by your percentage of fault.

Q: What if the driver fled the scene?
A: Hit-and-run victims can often seek compensation through their own uninsured motorist (UM) coverage. An attorney can help file a UM claim and coordinate with law enforcement.

Q: What types of damages can I recover?
A: Victims may be entitled to compensation for:

• Medical bills and rehabilitation
• Lost income and future earning capacity
• Pain and suffering
• Emotional distress
• Disfigurement or disability

John J. Malm & Associates: Standing Up for Pedestrian Safety and Your Rights

Pedestrian accidents are not “accidents” in the traditional sense, they are often the result of negligent drivers, unsafe road design, or inadequate visibility. Victims deserve justice and full financial recovery for the harm they’ve suffered.

At John J. Malm & Associates, our Illinois pedestrian accident attorneys have decades of experience representing victims and families throughout DuPage County, Kane County, Will County, and across the Chicago area. We have successfully recovered millions of dollars in compensation for clients injured in crosswalks, intersections, and parking lots due to careless or distracted drivers.

If you or a loved one has been struck by a vehicle, don’t wait. Evidence can disappear quickly, and insurance companies move fast to protect their own interests. Contact John J. Malm & Associates today for a free consultation. We will review your case, explain your rights, and fight to ensure that you receive the justice and compensation you deserve.

“Highway pedestrian collisions are among the most tragic we handle. The physical and emotional consequences for survivors and families last a lifetime. When roadway design, driver negligence, or impairment plays a role, victims deserve full accountability and compensation to cover medical care, lost wages, and long-term care needs.” — John J. Malm, Naperville pedestrian accident attorney

The Scope of the Problem of Highway Pedestrian Crashes

Pedestrian fatalities remain a major road-safety crisis in the United States. According to the NHTSA, in 2023, 7,314 pedestrians were killed in traffic crashes, about 18% of all traffic fatalities that year, and an estimated 68,244 pedestrians were injured. On average in 2023 a pedestrian died every 72 minutes and one was injured every 8 minutes. These figures show that pedestrian crashes are both frequent and often fatal.

High-capacity urban roads and high-speed corridors are particularly hazardous, as many pedestrian deaths occur on roads with posted speeds of 45–55 mph where vehicle speed increases both the likelihood of a collision and the severity of injuries. In addition, pedestrian fatalities are not limited to urban arterials, rural highways and poorly-lit stretches can be especially deadly because of higher vehicle speeds, fewer sidewalks, and limited lighting.

Why Highways Are So Dangerous for Pedestrians

Highways and high-speed roads create conditions that are particularly unforgiving for pedestrians:

• High vehicle speeds greatly increase the force of impact, making fatal injuries much more likely.
• Many highways and bypasses are designed without pedestrian infrastructure (sidewalks, crosswalks, or safe crossing points).
• Lighting is often inadequate on rural and peri-urban highway segments, reducing driver recognition of people on foot at night.
• Drivers on highways may be less likely to expect pedestrians, causing delayed reaction times when someone is present.
• Alcohol, distraction, and impairment (both driver and pedestrian) are common contributing factors to non-intersection pedestrian crashes on highways.

Who is Most at Risk for Highway Pedestrian Accidents

Certain groups face higher risks in pedestrian-highway incidents:

• Older adults: age-related frailty increases injury severity.
• Pedestrians walking along or attempting to cross high-speed arterial roads and rural two-lane highways.
• People walking at night or in low-light conditions.
• Individuals impaired by alcohol or drugs, either the driver or the pedestrian.
• People in communities with limited pedestrian infrastructure (rural communities, urban fringes, or areas with missing sidewalks).

Common Scenarios for Highway Pedestrian Crashes

Pedestrian crashes on highways typically occur in a handful of recurring situations:

• Walking along the shoulder of a rural or suburban highway where no sidewalk exists.
• Attempting to cross a multi-lane arterial between intersections (jaywalking across a high-speed road).
• Struck while standing near the roadway (e.g., waiting for a disabled vehicle, changing a tire).
• Pedestrians disabled or forced off a roadway by a crash or other emergency and then struck by passing traffic.
• Falls or medical events that place a pedestrian in a lane of travel on a high-speed road.

Common Injuries in Highway Pedestrian Accidents

When highways are involved the physical consequences are often severe:

• Head and brain trauma, including traumatic brain injury (TBI).
• Thoracic and abdominal injuries (internal bleeding, organ damage).
• Multiple fractures and spinal injuries, often resulting in long-term disability.
• Amputations and severe soft-tissue damage.
• Death: pedestrian fatality rates increase steeply with vehicle speed, a pedestrian struck at 40 mph has a dramatically higher probability of death than one struck at 20 mph.

What To Do If Someone Is Struck On a Highway

If you witness or are involved in a pedestrian collision on a highway, prompt and correct action can save lives:

• Call 911 immediately and give precise location details (mile marker, nearest exit, or cross street).
• If safe, move the injured person out of traffic lanes to prevent further injury; only move them if there is imminent danger (e.g., fire, risk of oncoming traffic) to avoid exacerbating spinal injuries.
• Provide basic first aid if you’re trained: control visible bleeding with pressure, keep the person warm and still, and monitor breathing.
• Preserve the scene and, if possible, take photos showing vehicle positions, lighting, skid marks, and the surrounding roadway (these are important for later investigation).
• Get contact information of witnesses and the responding officers — you will need this for any insurance or legal claims.

Highway Pedestrian Accident Liability Considerations

Pedestrian-highway crashes often involve complex liability issues:

• Determining fault can require reconstruction of vehicle speed, lighting conditions, driver conduct, and whether the roadway lacked reasonable pedestrian accommodations.
• If a driver is impaired, distracted, or clearly negligent (e.g., speeding, running a red light), they may be held civilly liable for damages.
• Government entities (city, county, state DOT) can sometimes be liable if a dangerous roadway design or lack of signage contributed to the crash, but claims against governments involve special notice requirements and shorter filing windows.
• Insurance claims usually involve the at-fault driver’s liability policy; if the at-fault driver has insufficient coverage, the pedestrian’s own uninsured/underinsured motorist coverage (if available) may help cover damages.
• Promptly preserving evidence and seeking experienced legal counsel familiar with highway and pedestrian claims is crucial; deadlines and procedural rules are strict.

Frequently Asked Questions (FAQ) about Highway Pedestrian Accidents

Q: Are pedestrian crashes more likely to happen on city streets or highways?
A: Many pedestrian deaths occur on high-capacity urban roads and arterial highways where posted speeds are higher (45–55 mph). However, rural highway segments with limited lighting and shoulders are also deadly. The location varies, but high-speed roads consistently show higher fatality severity.

Q: How common are pedestrian fatalities in the U.S.?
A: In 2023 there were 7,314 pedestrian deaths, accounting for about 18% of all traffic deaths and roughly 68,244 pedestrians were injured. These numbers represented a small decline from 2022 but remain historically high compared to lows in prior decades.

Q: If I’m hit by a car on a highway, can I sue even if I was crossing illegally?
A: Possibly. Illinois (and many states) apply comparative negligence rules: even if you bore some fault, you may still recover damages reduced by your percentage of fault—unless your fault bars recovery under specific state rules. The facts matter: roadway design, driver behavior, lighting, and visibility are all part of the legal picture. Talk with an Illinois pedestrian accident attorney quickly because evidence and witness memories fade.

Q: What evidence helps prove a highway pedestrian accident case?
A: Photographs of the scene, vehicle damage, skid marks, lighting conditions, police and incident reports, surveillance or dashcam footage, witness statements, medical records, and expert accident reconstruction can all be critical. Document and preserve anything you can.

Contact the Top-Rated Illinois Pedestrian Accident Attorneys at John J. Malm & Associates

Pedestrian accidents on highways often leave victims and families facing overwhelming medical bills, lost income, and lifelong consequences. At John J. Malm & Associates, our team of award-winning Illinois pedestrian accident lawyers has extensive experience investigating complex pedestrian crashes, holding negligent drivers and responsible parties accountable, and fighting for the compensation our clients deserve. If you or a loved one has been injured in a pedestrian accident, don’t wait, evidence disappears quickly and deadlines apply. Call our office today for a free consultation to speak directly with a dedicated Illinois injury attorney who will listen to your story, explain your rights, and take immediate action on your behalf.

2023 statewide data from the Illinois Department of Transportation shows 4,533 pedestrian crashes, including 198 fatal pedestrian crashes and 4,169 injury crashes, the majority on urban streets where many schools sit. Nationally, children remain a vulnerable group: in 2023 an estimated 7,081 child pedestrians were injured in traffic crashes.

In this blog, we explain the Illinois laws that apply in and around school crosswalks, why crosswalk crashes happen, who may be liable, what evidence matters, and what to do next if your family has been affected.

The Illinois Laws That Protect Kids At and Near School Crosswalks

Illinois has some of the strongest rules in the country around school zones and crossings. The most important provisions include:

• 20 mile-per-hour school-zone speed limit: On school days when children are present, drivers must obey a special 20 mph limit in marked school zones. Violations can trigger tickets and enhance crash liability.
• Stop and yield to pedestrians in crosswalks school-day rule: When signals are not present or operating, a driver must stop and yield to a pedestrian in the crosswalk on his or her half of the roadway (or close enough to be in danger). This rule explicitly applies on school days when children are present.
• Obey the crossing guard: It is illegal to disobey a lawful order from a school crossing guard with authority to direct traffic.
• Hands-free only and no phone use in school zones: Illinois bans handheld device use while driving statewide, with added prohibitions in school zones. Violations that lead to injury can escalate to aggravated use of an electronic communication device charges.
• School bus stop-arm law: Drivers must stop for a school bus with flashing red signals and extended stop arm. A first offense carries a mandatory minimum $300 fine and a 3-month license suspension; repeat offenses bring higher penalties.

These rules set clear expectations for drivers near schools, and create powerful standards to prove negligence when they’re ignored.

How and Why School Crosswalk Crashes Happen

Even with strong laws, several recurring hazards make school crosswalks risky:

• Speeding through the zone. At 20 mph, a driver’s stopping distance and the severity of any impact are dramatically lower than at 30–35 mph. The school-zone cap exists precisely because most crossings happen during peak traffic.
• Distracted driving. Looking down at a text for even two seconds can erase a driver’s ability to react to a child stepping off the curb. Illinois’ phone rules are strict, especially in school zones, because distraction remains a major factor in pedestrian crashes.
• Failing to yield at marked and unmarked crosswalks. Intersections next to schools often include mid-block crossings, drop-off loops, or wide arterials with turning traffic, places where drivers misjudge gaps or assume pedestrians will wait. Illinois law is explicit: stop and yield.
• Ignoring crossing guards. A guard’s signal may come when drivers are accelerating to “beat” a light or squeeze through before a bus stop. Disobeying a guard is illegal and highly persuasive evidence of negligence.
• Large vehicles and visibility. Big SUVs and pickups reduce sightlines, especially at right turns and during the “A-pillar blind spot” moment. National data show a continued rise in pedestrian risk in recent years, underscoring why design and speed management both matter.

Who May be Liable After a School Crosswalk Crash?

Every crash is unique, but common at-fault parties include:

• The driver who struck the pedestrian. Violations of the 20 mph school-zone limit, the stop-for-pedestrian rule, or the phone ban can establish negligence per se (a statutory breach that strongly evidences negligence).
• A turning driver at an intersection. Illinois requires drivers to yield to pedestrians during turns at signalized and unsignalized intersections.
• A driver who ignored a crossing guard. Disobeying a lawful direction is a ticketable offense and compelling fault evidence.
• A motorist who passed a stopped school bus. The stop-arm statute carries strict penalties; it also anchors civil liability where a child is hit as they cross to/from the bus.
• Public entities (in limited situations). A city, county, or school district may bear partial responsibility if negligent design/maintenance (e.g., missing signage, faded crosswalk markings, malfunctioning signals) contributed to the crash. Claims against public bodies involve notice and immunity issues that must be handled carefully and promptly under Illinois law.
• Fleet owners and employers. If the at-fault driver was working (delivery van, rideshare, contractor), the company may be vicariously liable and directly liable for negligent training, supervision, or vehicle maintenance.
• Product manufacturers. In rare cases, defective brakes, pedestrian-detection systems, or lighting could support a product liability claim.

Evidence That Wins School Crosswalk Cases

Strong cases involving children being struck at crosswalks are built quickly. Key evidence includes:

• Traffic controls and signage at the scene (school-zone signs, “20 mph” plates, flashing beacons, crosswalk markings, stop-arm bus cameras).
• Surveillance and dashcam video from buses, nearby businesses, and vehicles stopped at the intersection.
• Crossing guard testimony and school staff statements about how crossings are normally conducted.
• Phone and telematics data to show speed, braking, and distraction (calls, texts, app use).
• Event data recorder (EDR) downloads from the vehicle that show speed and braking in the seconds before impact.
• Crash reconstruction (sightlines, speed estimates, stopping distance, conspicuity, reaction time) and human-factors analysis (driver expectancy at school approaches).
• Police reports and medical documentation of all injuries, including post-concussion and orthopedic follow-up.

Common Injuries in Child and Teen Pedestrian Crashes

• Traumatic brain injuries (concussions to severe TBI)
• Orthopedic injuries (tib-fib fractures, pelvic fractures)
• Spinal injuries
• Internal organ injuries
• Facial fractures and dental trauma
• Psychological trauma (acute stress, PTSD), often significant for kids and parents

Because children are still developing, careful long-term prognosis and future-care planning are crucial parts of the damages analysis.

What to do Immediately After a School Crosswalk Crash

If a child or caregiver is hit near a school crossing:

• Call 911 and get EMS on scene. Ask police to document it as a school-zone/crosswalk crash and identify any crossing guard or bus involved.
• Preserve evidence right away.
  • Photograph signage, flashing beacons, pavement markings, and view obstructions (parked cars, shrubbery, buses).
  • Note whether the 20 mph signs and school-day/children-present plaques are posted and visible.
• Get witness information. Crossing guards, teachers on duty, and bus drivers are critical witnesses.
• Request video. Ask nearby businesses and the school for footage immediately—many systems overwrite within days.
• Seek specialized medical care and follow through with all recommendations (including neuro/psych follow-ups for kids).
• Contact an attorney early. Quick action helps secure phone records, EDR data, and municipal maintenance logs before they disappear.

Damages Your Family May Recover After a School Crosswalk Accident

If your child was injured while crossing in a school crosswalk, you may get compensation for:

• Medical expenses (ER, surgery, hospitalization, rehabilitation, therapy) and future medical care
• Lost wages for parents/caregivers and loss of earning capacity for injured teens
• Pain, suffering, and emotional distress (including PTSD and anxiety)
• Disfigurement and disability
• Loss of a normal life (impact on daily activities and development)
• Wrongful death damages in tragic cases (including funeral/burial and loss to the family)

How Our Firm Investigates school Crosswalk Crashes

Our team moves fast to protect your child’s case:

• Scene inspection within days, with measurements, sightline studies, and photography.
• Preservation letters to the school district, municipality, bus contractor, and any businesses with cameras.
• Immediate requests for body-worn and dashcam video from police and school resource officers.
• EDR/telematics and phone-usage analysis to document speed, braking, and distraction.
• Coordination with pediatric specialists to accurately project future care and school accommodations.
• Assessment of potential municipal liability for unsafe design, missing signs, or failed maintenance (with attention to notice and immunity defenses).

Contact the 5-Star Rated Illinois Pedestrian Accident Attorneys at John J. Malm & Associates

If your child or a loved one was struck in or near a school crosswalk, you don’t have to navigate the medical bills, insurance calls, and legal deadlines alone. At John J. Malm & Associates, our Illinois pedestrian injury lawyers understand the statutes, knows how to secure the critical evidence, and fights to recover the full compensation your family deserves.

Reach out today for a free, confidential consultation. We’re here to help your family move forward.

The Scope of Pedestrian Accidents in the U.S. and Illinois

According to the National Highway Traffic Safety Administration (NHTSA), 7,522 pedestrians were killed in traffic crashes in the United States in 2022—an average of 20 deaths per day. This figure represents a 13% increase from 2021, making it one of the deadliest years on record for pedestrians.

In Illinois, pedestrian fatalities have also been on the rise. The Illinois Department of Transportation (IDOT) reported 224 pedestrian fatalities in 2022, a 12% increase from the prior year. Thousands more suffer serious injuries like traumatic brain injuries (TBI), spinal cord damage, fractures, and internal organ trauma.

Yet despite these numbers—and the devastating personal toll pedestrian accidents take—insurance companies consistently undervalue these cases.

Why Insurance Companies Undervalue Pedestrian Claims

1. Profit Motive

Insurance companies are for-profit entities. Their goal is to minimize payouts while maximizing their bottom line. This means offering low initial settlement offers, even when liability is clear and injuries are severe. According to the American Association for Justice (AAJ), major insurance companies like Allstate and State Farm have a documented history of using “deny, delay, and defend” tactics to wear down claimants and reduce compensation.

2. Bias Against Pedestrians

Insurers may blame pedestrians for the accident—even when the facts say otherwise. They may argue that the pedestrian was:

• Jaywalking
• Distracted (e.g., using a phone)
• Not visible due to dark clothing or nighttime conditions

These arguments are often speculative or exaggerated, but they’re used to reduce liability or shift blame.

In Illinois, the doctrine of comparative fault applies, meaning a plaintiff’s damages can be reduced if they are found partially at fault. If the pedestrian is more than 50% at fault, they recover nothing. Insurers use this as leverage to undervalue or deny claims altogether.

3. Downplaying “Invisible” Injuries

In many pedestrian accident cases, victims suffer injuries that are not immediately visible or easily quantifiable—such as:

• Traumatic brain injuries (TBIs)
• Post-traumatic stress disorder (PTSD)
• Chronic pain syndromes
• Depression or anxiety

These “invisible injuries” are often difficult to prove with imaging tests or objective data, which insurers exploit to dispute their severity or relation to the accident.

According to a study in the Journal of Neurotrauma, mild TBIs (commonly seen in pedestrian accidents) often go undiagnosed but can have lasting cognitive and emotional impacts. Insurance adjusters routinely minimize or disregard these conditions when evaluating claims.

4. Use of Biased Software and Algorithms

Many insurance companies rely on claims software, like Colossus, to calculate settlement values. These programs use preset formulas and data inputs to evaluate claims, often ignoring or undervaluing subjective factors like pain and suffering, long-term disability, or emotional trauma. When a pedestrian accident claim is run through these algorithms, the human element—and the true impact of the injury—is often lost.

5. Quick Settlement Tactics

Insurers often offer quick settlements before the full extent of injuries is known. This is particularly dangerous in pedestrian accident cases, where injuries may evolve over time. Accepting an early settlement can leave victims without the funds to cover future medical care or rehabilitation.

In fact, according to a 2019 study, over 60% of injured Americans report financial hardship related to out-of-pocket medical expenses. For a pedestrian with severe injuries, these costs can run into the hundreds of thousands—yet insurers may only offer a fraction of what’s needed.

Common Tactics Insurers Use to Undervalue Pedestrian Cases

Requesting Recorded Statements Early

Adjusters often ask for recorded statements shortly after the accident, when victims are still disoriented or in pain. Often, victims don’t have an attorney before giving these recorded statements. These statements can be used to dispute or twist facts later in the claim process.

Disputing Medical Treatment

Insurance companies frequently question whether the treatment received was “necessary” or “reasonable,” or whether injuries were pre-existing. They may also hire their own doctors to review records and issue opinions favorable to the defense.

Cherry-Picking Evidence

Adjusters often selectively use evidence that supports a lower value—such as highlighting minor discrepancies in witness statements or downplaying graphic photos of injuries.

Delaying the Claims Process

By dragging out negotiations, insurers hope to frustrate victims into accepting less. The longer the delay, the more pressure the injured party feels to settle quickly—especially if they are facing mounting medical bills or lost wages.

What Pedestrian Accident Victims Are Entitled To

Under Illinois law, injured pedestrians are entitled to compensation for both economic and non-economic damages, including:

• Medical expenses (past and future)
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Permanent disfigurement or disability
• Loss of enjoyment of life

In wrongful death cases, surviving family members may also pursue damages for:

• Funeral and burial expenses
• Loss of companionship
• Loss of financial support

Despite these legal rights, insurance companies rarely offer full compensation without legal intervention.

How a Lawyer Can Help Maximize Your Claim

Hiring an experienced Naperville pedestrian accident attorney can make a major difference in how your injury case is valued and resolved. Here’s how:

1. Thorough Investigation and Evidence Collection

A good attorney will obtain police reports, traffic camera footage, witness statements, and expert analysis (like accident reconstruction) to prove liability and damages.

2. Accurate Valuation of Damages

Lawyers understand the full scope of compensation you are entitled to, including future medical care, therapy, and loss of quality of life. They also work with economists and vocational experts to accurately calculate long-term costs.

3. Negotiation Power

Insurers take claims more seriously when they know the victim is represented by legal counsel. An experienced attorney can push back against lowball offers and negotiate for a fair settlement—or take the case to court if needed.

4. Litigation Experience

If a settlement cannot be reached, your lawyer can file a personal injury lawsuit and advocate for you in court. Data shows that injury victims with legal representation recover significantly more than those without.

What to Do If You’ve Been Hit as a Pedestrian in Illinois

If you or a loved one has been injured as a pedestrian in Illinois, it’s crucial to act quickly:

1. Seek immediate medical attention, even if your injuries seem minor.
2. Avoid giving recorded statements to the insurance company.
3. Contact an experienced Illinois personal injury lawyer before accepting any settlement.
4. Keep records of your medical treatment, missed work, and pain symptoms.
5. Document the scene, if possible, by taking photos or securing surveillance footage.

Contact the Award-Winning Illinois Pedestrian Accident Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we know how insurance companies work—and we’re here to fight for pedestrian accident victims across Illinois. We’ve helped clients recover full compensation for serious injuries and wrongful death claims, even when the insurance company initially offered far less than what was fair.

If you’ve been injured while walking, don’t let an insurance company minimize your suffering. Our dedicated Illinois pedestrian accident attorneys are ready to hold negligent drivers and insurers accountable. Contact us today for a free consultation. We’ll review your case, explain your rights, and help you secure the compensation you deserve.

“Runners have every right to feel safe on our streets. When negligent drivers ignore traffic laws or fail to yield, the consequences can be tragic. We’re committed to holding careless motorists accountable and helping injured pedestrians recover the compensation they need to heal and move forward.” — John J. Malm, Naperville pedestrian accident lawyer

In this blog, we explore the dangers runners face, the most common causes of runner-vehicle accidents, key safety tips, legal rights for injured runners, and what to do if you or a loved one has been hit by a car while jogging.

How Often Are Runners Hit by Cars?

According to the National Highway Traffic Safety Administration (NHTSA), 7,522 pedestrians were killed in traffic crashes in 2022, the highest number in over four decades. While not all pedestrians are runners, joggers are a significant portion of the pedestrian population, especially during early mornings or evenings when visibility is lower and traffic patterns can be unpredictable.

Here are some key statistics that reflect the danger runners face in pedestrian accidents:

• A 2022 analysis by the Governor’s Highway Safety Association (GHSA) found that pedestrian deaths increased by 77% between 2010 and 2021, compared to a 25% increase in all other traffic deaths.
• An estimated 104,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries in 2020.
• A study published in the Journal of Transport & Health found that runners often experience “close calls” with vehicles, with nearly 40% reporting at least one near-miss in the past year.

Joggers are especially vulnerable to serious accidents due to their location—often on shoulders, sidewalks, or crosswalks—and their focus on pace, rhythm, or even music, which may limit situational awareness.

Common Causes of Runners Getting Struck by Cars

1. Distracted Driving

Drivers using cell phones or other distractions may not notice runners, especially in areas without dedicated pedestrian infrastructure. According to the NHTSA, distracted driving claimed 3,522 lives in 2021.

2. Low Visibility

Many runners prefer to jog during the early morning or after sunset. Reduced visibility during these times increases the likelihood that a driver may not see a runner until it’s too late—especially if the runner isn’t wearing reflective gear.

3. Failure to Yield

Drivers often fail to yield to pedestrians at crosswalks, even though they are legally required to do so. This is particularly dangerous for runners who are crossing with the light or in marked zones.

4. Impaired Driving

Alcohol and drugs severely impair a driver’s ability to recognize and respond to pedestrians. In 2021, 19% of pedestrian fatalities involved a driver with a blood alcohol concentration (BAC) of 0.08% or higher.

5. Runner Distraction

Not all accidents are solely the driver’s fault. Runners who wear headphones, check phones, or ignore traffic signals can contribute to their risk of being struck by a car while running.

Where Do Runner-Vehicle Collisions Occur?

Runners can be struck by vehicles almost anywhere, but certain environments pose a greater risk:

• Urban areas: According to NHTSA data, 83% of pedestrian deaths occur in urban settings.
• Arterial roads: These roads are designed for high-speed traffic and often lack sidewalks or pedestrian crossings.
• Intersections: While crosswalks offer some protection, drivers making right or left turns often fail to look for crossing pedestrians.
• Rural roads: Despite less traffic, rural roads can be hazardous due to narrow shoulders, high vehicle speeds, and poor lighting.

Legal Rights of Runners Hit by Cars

When a driver hits a pedestrian, the law generally presumes that the driver has a duty to yield and exercise due care. In Illinois and many other states, runners injured by negligent drivers may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability or disfigurement
• Emotional distress
• Wrongful death (in fatal cases)

Even if the runner was partially at fault—for example, by jaywalking or wearing dark clothing at night—they may still recover damages under comparative fault laws. In Illinois, a plaintiff can recover damages as long as they are less than 51% at fault for the accident.

Insurance Considerations for Injured Joggers

If a runner is hit by a car, several insurance policies may come into play:

• Driver’s liability insurance: Covers bodily injury caused to others, including pedestrians.
• Uninsured/underinsured motorist coverage: If the driver flees the scene or lacks sufficient insurance, the injured runner may be able to claim under their own auto policy.
• Health insurance: Can initially cover medical treatment, but providers may later seek reimbursement from any settlement.

What To Do If You’re Hit While Running

If you are struck by a vehicle while jogging—or if you’re helping someone who has been—take the following steps:

1. Call 911 immediately. Even if injuries seem minor, getting emergency services on the scene is critical.
2. Get medical attention. Some injuries, like traumatic brain injuries or internal bleeding, may not be immediately visible.
3. Document the scene. Take photos of the crash site, the vehicle, your injuries, and any visible skid marks or signs.
4. Get witness information. If bystanders saw the accident, get their names and contact details.
5. Do not admit fault. Even an apology can be misconstrued as an admission.
6. Consult a personal injury attorney. An experienced Naperville pedestrian accident lawyer can help protect your rights, gather evidence, and deal with insurance companies.

How Runners Can Protect Themselves from an Accident

While you can’t control drivers, you can reduce your risk by taking proactive steps:

• Wear bright or reflective clothing, especially during dawn, dusk, or night runs.
• Run against traffic if you’re on the roadway—this lets you see oncoming vehicles.
• Avoid distractions like headphones or phones.
• Use sidewalks or trails whenever possible.
• Obey all traffic signals and cross at designated crosswalks.
• Make eye contact with drivers at intersections to ensure they see you.

Contact the Experienced Illinois Pedestrian Accident Attorneys at John J. Malm & Associates

Running shouldn’t be a life-threatening activity, but for too many people, it becomes just that. Distracted and reckless drivers pose a constant threat to runners, often with devastating consequences. If you or a loved one has been struck by a car while jogging, it’s essential to understand your legal rights and take immediate action to preserve evidence and protect your claim.

At John J. Malm & Associates, we help injured joggers across Illinois fight for justice. We understand the physical, emotional, and financial toll a pedestrian accident can take. Let us help you hold the negligent driver accountable and recover the compensation you deserve. Contact us today for a free consultation.

The answer is: Yes, uninsured motorist coverage can apply to pedestrian accidents—but with some important conditions and considerations. In this blog, we’ll break down how uninsured motorist coverage works, when it applies to pedestrians, and how to protect your rights if you’re ever involved in such an incident.

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is a type of auto insurance that protects you if you are injured in an accident caused by a driver who:

• Has no insurance
• Has insufficient coverage to compensate you fully (underinsured)
• Leaves the scene (hit-and-run)

UM coverage typically comes in two forms:

1. Uninsured Motorist Bodily Injury (UMBI): Covers medical expenses, lost wages, and pain and suffering for you and your passengers if injured by an uninsured driver.
2. Uninsured Motorist Property Damage (UMPD): Covers damage to your vehicle or property caused by an uninsured driver (note: not all states offer or require UMPD).

Illinois requires drivers to carry UM coverage and mandates that insurers offer it. Most drivers opt for it as an important layer of protection.

Can a Pedestrian Use Their Own UM Coverage?

Yes—if you are struck by a vehicle as a pedestrian, you may be able to use your own uninsured motorist coverage to cover your injuries, even though you were not in a car at the time of the accident. This surprises many people, but it’s a critical protection.

If you carry auto insurance that includes UM coverage, and you are injured by an uninsured or hit-and-run driver while walking, jogging, or standing near a roadway, your policy can step in to provide compensation.

This coverage generally applies whether the pedestrian is:

• Crossing the street at an intersection
• Walking in a crosswalk
• Standing on a sidewalk
• In a parking lot
• On the side of the road

In legal terms, as long as the pedestrian is a “covered person” under the policy, UM coverage is typically available—even though the injured person was not occupying a vehicle at the time.

How Uninsured Insurance Work in Illinois?

In Illinois, uninsured motorist bodily injury coverage is required by law for all motor vehicle insurance policies. The state mandates a minimum of $25,000 per person and $50,000 per accident in UM coverage. However, many drivers carry higher limits for added protection, as these limits do not cover medical bills from serious injuries.

Under Illinois law, if you’re a pedestrian and are hit by a driver who has no insurance or flees the scene, you can file a UM claim through your own auto insurance policy. If you don’t own a vehicle but live with a relative who does and you are listed as a covered individual on their policy, you may still be eligible for coverage.

What About Underinsured Motorist (UIM) Coverage?

Underinsured motorist coverage (UIM) is similar to UM, but it applies when the at-fault driver has insurance, just not enough to cover the full extent of your damages.

For example, if your medical expenses total $100,000 but the driver only carries the Illinois minimum of $25,000 in liability coverage, your UIM coverage may kick in to cover the remaining $75,000 (up to your policy limits).

As a pedestrian, if you’re injured by a driver with inadequate insurance, you can potentially access your UIM benefits just like UM benefits.

What If the Driver Flees the Scene?

Hit-and-run pedestrian accidents are tragically common, and victims often feel helpless when the at-fault driver can’t be identified. In these cases, uninsured motorist coverage is crucial. Most UM policies cover hit-and-run accidents, even when the driver is never found—as long as there is evidence that a vehicle was involved.

However, your insurance company may require:

• A police report of the incident
• Prompt notification of the accident
• Witness statements or surveillance footage

It’s important to report the accident to police and your insurer as soon as possible to protect your ability to file a claim.

How Do You File a UM Claim as a Pedestrian?

If you’ve been hit by an uninsured or unknown driver while walking, here’s what you should do:

1. Seek Immediate Medical Attention: Even if your injuries seem minor at first, get checked out. Injuries can worsen or become apparent later.
2. Call the Police: A police report is essential for documenting the accident and can help support your UM claim.
3. Gather Evidence: Take photos of the scene, your injuries, and any damage to property. Collect names and contact info of witnesses.
4. Notify Your Insurance Company Promptly: Let your insurer know about the incident right away. Delays can affect your ability to make a claim.
5. Consult an Experienced Naperville Car Accident Attorney: Insurance companies don’t always make the process easy. An Illinois pedestrian accident attorney can help ensure you get the full benefits you’re entitled to.

What Compensation Can You Recover After a Pedestrian Crash?

A UM claim for a pedestrian accident may include compensation for:

• Medical bills
• Rehabilitation costs
• Lost income or earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

Each case is unique, and the amount of compensation depends on the nature and severity of your injuries, the available coverage limits, and the long-term impact on your life.

Common Challenges with UM Claims

Even though it’s your own insurance company, don’t assume they’ll pay out easily. Some common issues include:

• Coverage Denials: Insurers may argue the policy doesn’t apply, or that the incident wasn’t covered.
• Lowball Offers: Initial settlement offers may not fully reflect your damages.
• Disputes Over Fault: The insurer may try to argue you were partially or fully at fault.
• Delayed Payments: Some companies delay resolution to pressure you into settling for less.

This is why working with an experienced Naperville personal injury attorney can make a significant difference.

Don’t Assume You’re Not Covered as a Walker

Pedestrian accidents involving uninsured or hit-and-run drivers can leave victims feeling isolated and unsure of their rights. But if you carry uninsured motorist coverage, you may have a powerful tool at your disposal—even if you weren’t in your vehicle at the time.

If you or a loved one has been injured in a pedestrian accident, don’t navigate the legal and insurance maze alone. At John J. Malm & Associates, our experienced injury attorneys can help you understand your coverage, build a strong claim, and fight for the compensation you deserve.

“When a pedestrian is hit by an uninsured or reckless driver, the impact goes far beyond physical injury. That’s why uninsured motorist coverage exists—to protect victims when the responsible party cannot. We step in to protect their rights, hold wrongdoers accountable, and help families rebuild their lives with strength, dignity, and justice.” — Naperville uninsured accident attorney John J. Malm

Need Help After a Pedestrian Accident? Contact John J. Malm & Associates

At John J. Malm & Associates, our top-rated Illinois accident attorneys have over 90 years of combined experience handling personal injury and uninsured motorist claims throughout Illinois. Whether you were injured in Naperville, St. Charles, or anywhere in the Chicagoland area, we’re here to help you seek justice and financial recovery.

We are a premier personal injury law firm with offices conveniently located in Naperville and St. Charles, known for recovering millions of dollars on behalf of injured clients. Our team of six award-winning attorneys is committed to providing personal attention, aggressive representation, and compassionate support.

Call us today at 844-MALMLAW or submit a contact form on our website to schedule a free consultation.

Statistical Overview of Pedestrian Accidents in Illinois

Pedestrian accidents remain a significant concern in Illinois. According to the Illinois Department of Transportation, in 2022, there were 3,864 pedestrians injured, with 886 sustaining A-injuries (the most severe injury classification), and 196 pedestrians were killed. These figures highlight the importance of understanding legal rights and responsibilities for both pedestrians and drivers.

Recent Trends in Pedestrian Fatalities

Recent data indicates a concerning rise in pedestrian fatalities in Illinois. In the six-county region encompassing Cook, DuPage, Kane, Lake, McHenry, and Will counties, pedestrian accident fatalities totaled 144 in 2024, a 6.7% increase from 135 in 2023. This upward trend underscores the pressing need for targeted interventions to enhance pedestrian safety in Chicago and the suburbs.

What is Jaywalking?

Jaywalking occurs when pedestrians cross streets outside designated crosswalks or against traffic signals. In Illinois, while pedestrians generally have the right-of-way at crosswalks, this right is not absolute. According to Illinois law, pedestrians must obey traffic control devices and should not suddenly leave a curb or place of safety to walk or run into the path of a moving vehicle that is too close to yield. When crossing in areas without crosswalks, pedestrians are required to yield the right-of-way to vehicles.

Illinois’ Modified Comparative Negligence Law

Illinois operates under a modified comparative negligence system, specifically the “51% bar rule.” Under this rule, an injured party can recover damages only if they are less than 51% at fault for the incident. If a pedestrian is found to be 51% or more responsible for the accident, they are barred from receiving any compensation. Conversely, if they are 50% or less at fault, they can recover damages, but the compensation will be reduced by their percentage of fault.

Application of Comparative Negligence in Jaywalking Incidents

When a jaywalking pedestrian is struck by a vehicle, determining fault becomes a critical aspect of any legal claim. For instance, if a pedestrian crosses a street outside of a crosswalk and is hit by a driver who was speeding or distracted, both parties may share responsibility for the accident. The court will assess the actions of both the pedestrian and the driver to assign a percentage of fault to each.

The specific circumstances of each case will influence the outcome. For example, if a pedestrian jaywalks but a driver is speeding, both may share responsibility for the accident. If the pedestrian is found to be 30% at fault and the driver 70%, the pedestrian’s compensation would be reduced by their 30% share of fault.

Legal Precedents and Considerations for Injured Jaywalkers

Illinois courts have addressed various cases involving pedestrian accidents where jaywalking was a factor. In these cases, the courts have consistently applied the comparative negligence standard, examining the actions of both the pedestrian and the driver to determine fault percentages. It’s important to note that even if a pedestrian violates traffic laws by jaywalking, this does not automatically absolve the driver of responsibility. Each party’s behavior is scrutinized to assess their contribution to the accident and their percentage of fault is distributed accordingly.

Steps to Take If You Were Injured While Jaywalking

If you are a pedestrian injured while jaywalking in Illinois, consider the following steps:

1. Seek Medical Attention: Your health and safety are paramount. Ensure you receive appropriate medical care for your injuries.
2. Document the Incident: Gather evidence from the scene, including photographs, witness statements, and any available surveillance footage.
3. Consult a Personal Injury Attorney: An experienced Illinois pedestrian accident attorney can help navigate the complexities of Illinois’ comparative negligence laws and assess the viability of your claim.
4. Avoid Admitting Fault: Refrain from making statements that could be construed as admitting fault, as this could impact the outcome of your case.

Contact the Award-Winning Illinois Pedestrian Accident Lawyers at John J. Malm & Associates

While jaywalking is discouraged and can impact the outcome of a personal injury claim, it does not automatically prevent an injured pedestrian from seeking compensation in Illinois. The state’s comparative negligence laws allow for the possibility of recovery, provided the pedestrian’s share of fault is less than 51%. Each case is unique, and the specific facts will determine the allocation of fault and the potential for compensation. Consulting with a knowledgeable personal injury attorney is essential to understand and protect your legal rights following such an incident.

If you were injured while jaywalking, contact John J. Malm & Associates for a free consultation. With over 90 years of combined experience, our Naperville car accident attorneys are ready to help you navigate your legal options and fight for the compensation you need. Contact us today, and let us protect your rights.

The Rising Concern of Pedestrian Fatalities

This rise in pedestrian deaths is part of a broader national trend observed since 2010. Research has shown that the increasing popularity of larger vehicles, such as SUVs, pickups, and vans, contributes significantly to pedestrian fatalities. For example, the Insurance Institute for Highway Safety (IIHS) indicates that vehicles with hood heights greater than 40 inches are approximately 45% more likely to cause pedestrian deaths in crashes than those with shorter hoods. The design of these larger vehicles, featuring blunt and vertical front ends, exacerbates the severity of injuries to pedestrians upon impact.

In the six-county region encompassing Cook, DuPage, Kane, Lake, McHenry, and Will counties, pedestrian accident fatalities totaled 144 in 2024, a 6.7% increase from 135 in 2023. This regional data underscores the pressing need for targeted interventions to enhance pedestrian safety in Chicago and the suburbs.

Factors Contributing to the Increase in Pedestrian Fatalities

Studies have shown that several factors contribute to the alarming rise in pedestrian deaths. Some of these factors include:

1. Larger Vehicles on the Road – As mentioned earlier, the growing popularity of SUVs and trucks has led to a higher risk of severe injuries and fatalities in pedestrian-involved crashes.
2. Distracted Driving and Walking – The widespread use of smartphones and other distractions affects both drivers and pedestrians, leading to an increase in accidents.
3. Lack of Safe Infrastructure – Many urban areas lack proper pedestrian infrastructure, such as well-lit crosswalks, pedestrian islands, and sufficient sidewalks.
4. Speeding and Reckless Driving – Higher vehicle speeds increase the likelihood of fatal pedestrian crashes, as drivers have less reaction time and the force of impact is greater.
5. Impaired Driving – Alcohol and drug use remain significant contributors to traffic accidents, including pedestrian-related incidents.

Measures to Improve Pedestrian Safety

Addressing the issue of increased pedestrian fatalities here in Illinois requires a multifaceted approach:

1. Vehicle Design Modifications – Lowering hood heights, redesigning front ends to be more pedestrian-friendly, and incorporating advanced pedestrian detection systems can reduce the severity of injuries in the event of a collision.
2. Urban Planning and Infrastructure Improvements – Implementing traffic calming measures, enhancing crosswalk visibility, and creating pedestrian-only zones can significantly reduce pedestrian fatalities.
3. Stricter Traffic Laws and Enforcement – Increased penalties for speeding, reckless driving, and distracted driving can deter dangerous behaviors that put pedestrians at risk.
4. Public Awareness Campaigns – Educating both drivers and pedestrians about the risks associated with larger vehicles and the importance of shared road safety is essential. Encouraging drivers to exercise increased caution in areas with high pedestrian traffic and promoting the use of alternative, smaller vehicles in urban settings may also contribute to reversing the upward trend in pedestrian deaths.

What to Do If You’ve Been Injured as a Pedestrian

If you are injured in a pedestrian accident, taking the right steps can help protect your legal rights and get you the compensation you deserve for your injuries.

1. Call the Police and File a Report

A police report will serve as an official record of the accident and can be crucial for any legal claims. Provide law enforcement with all relevant details, but avoid making any statements that could be interpreted as admitting fault.

2. Gather Evidence at the Scene

If you are able, collect as much evidence as possible, including:

• Photos of the accident scene, vehicle, and any visible injuries.
• Contact information of the driver and any witnesses.
• Video footage from nearby surveillance cameras or dash cams if available.

3. Obtain Contact Information from Witnesses

Eyewitnesses can provide critical statements that support your case. Get their names, phone numbers, and email addresses.

4. Seek Immediate Medical Attention

Your health should be the top priority. Even if you don’t feel seriously injured, some injuries may not be immediately apparent and can worsen over time. Get checked out by a doctor as soon as possible and follow your doctor’s recommendations for treatment.

5. Consult with a Personal Injury Lawyer

An experienced Illinois pedestrian accident attorney can help you understand your legal options, negotiate with insurance companies, and, if necessary, file a lawsuit to seek fair compensation for your injuries.

6. Do Not Speak to the Driver’s Insurance Company Without Your Attorney

Insurance adjusters may try to minimize your claim or get you to accept a quick settlement that is lower than what you deserve. It’s best to consult with a personal injury attorney in Illinois before speaking with insurance representatives.

What Compensation Is Available After A Pedestrian Crash?

If you’ve been injured as a pedestrian, you may be entitled to compensation for:

• Medical expenses (current and future)
• Lost wages due to time off work
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of quality of life

“The alarming rise in pedestrian fatalities is a crisis that demands immediate attention. Every pedestrian deserves to walk safely without fear of being struck by a reckless or distracted driver. As larger vehicles dominate the roads, John J. Malm & Associates helps advocate for stronger safety measures to protect our most vulnerable road users.” – John J. Malm, Naperville pedestrian accident attorney

Contact the Illinois Pedestrian Accident Attorneys at John J. Malm & Associates

While the overall decline in traffic fatalities in Illinois is a positive development, the concurrent rise in pedestrian deaths highlights a critical area that demands immediate attention. By implementing comprehensive strategies that encompass vehicle design, infrastructure enhancements, stricter traffic enforcement, and public education, it is possible to create a safer environment for all road users and curb the disturbing increase in pedestrian fatalities.

If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal guidance. Contact John J. Malm & Associates for a free consultation. Our top-rated Illinois car accident attorneys can help you navigate the complexities of your pedestrian accident case and fight for the compensation you deserve.

For Illinois attorneys that handle crashes with pedestrians, this revelation raises important concerns about how pedestrians and drivers interact in our communities and how the legal landscape may evolve to address this issue. In this blog, we analyze the findings of the IIHS study, its potential impact on pedestrian safety, and what these new findings mean for pedestrian accident victims here in Illinois.  Finally, we offer information on the legal steps victims can take after a crash.

The IIHS Study: A Shocking Revelation

The IIHS, a nonprofit organization that conducts research and advocates for improved vehicle safety, has been investigating the effectiveness of pedestrian detection systems in preventing accidents. These systems use cameras, radar, and other sensors to detect pedestrians in a vehicle’s path, and they often trigger automatic emergency braking to avoid or mitigate a collision. Pedestrian detection technology is increasingly being integrated into new cars, as it plays a crucial role in addressing the rise in pedestrian fatalities on the road.

However, the IIHS discovered a concerning issue when testing how high-visibility clothing (such as reflective vests, jackets, or brightly colored clothing) interacts with these pedestrian crash prevention sensors. According to the study, high-visibility clothing may actually make pedestrians more difficult for some sensor systems to detect, especially in certain lighting or weather conditions.

The IIHS researchers found that certain high-visibility clothing—while designed to make pedestrians more noticeable to drivers—can cause sensor systems to misinterpret the presence of a pedestrian or fail to detect them altogether. The reflective materials in the clothing can create confusing signals for sensors, leading to delayed responses or no responses at all.

This revelation is particularly significant because it suggests that a safety feature intended to prevent pedestrian accidents may not work as expected under certain circumstances. The study highlights the complexities of integrating new technologies into real-world driving environments, where variables such as clothing, road conditions, and visibility can dramatically affect the performance of these systems.

Pedestrian Safety: The Bigger Picture

Pedestrian safety is a growing concern across the United States. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities have been rising steadily over the past decade. In fact, pedestrian deaths accounted for 17% of all traffic-related fatalities in 2022 alone. With more people walking and biking for transportation, coupled with increasing urbanization, pedestrian safety is now a pressing issue for lawmakers, law enforcement, and safety advocates.

In Illinois, where busy cities like Chicago and high-traffic suburban areas pose risks to pedestrians, this trend is especially alarming. The Illinois Department of Transportation (IDOT) has been working on initiatives to improve pedestrian infrastructure, including better crosswalks, pedestrian bridges, and traffic signal adjustments, in order to reduce accidents and fatalities.

The adoption of pedestrian detection systems in vehicles has been hailed as one potential solution to this crisis. These systems are designed to help drivers avoid hitting pedestrians, especially in low-visibility situations, such as at night or in bad weather. However, the IIHS study raises the question of whether these systems are truly reliable when it matters most—when a pedestrian is dressed in high-visibility gear.

In Illinois, where pedestrians may frequently wear reflective clothing for their safety, especially during early mornings, evenings, or in adverse weather conditions, this issue is particularly relevant. High-visibility gear is commonly worn by construction workers, delivery drivers, and cyclists, all of whom share the roads with cars. If this clothing interferes with the ability of vehicle sensors to detect these individuals, then the technology may not be as effective at preventing pedestrian accidents as initially thought.

The Impact of This Study on Pedestrian Injury Cases

For Illinois residents who have been injured in pedestrian accidents, the IIHS study presents a unique challenge. If a pedestrian is wearing high-visibility clothing and a crash occurs, there may be a question of whether the vehicle’s pedestrian detection system failed to do its job. This raises important considerations in personal injury claims.

1. Determining Fault: In Illinois, fault in a pedestrian accident is determined based on the principle of comparative negligence, which means that both the driver and the pedestrian can be held liable depending on the circumstances. If a pedestrian is wearing high-visibility clothing and a sensor system fails to detect them, the driver might argue that the accident occurred due to a malfunctioning or ineffective sensor system rather than driver error. However, this would not absolve the driver of responsibility for not paying enough attention or for failing to react appropriately to a pedestrian in their path.
2. Product Liability: The IIHS study underscores the possibility that pedestrian detection systems may not perform as advertised under all conditions, which could open the door for product liability claims. If a pedestrian is struck by a vehicle equipped with a pedestrian detection system, and that system fails to detect the pedestrian due to their clothing, the vehicle manufacturer might be held liable for a defect in the system. This could lead to a legal case against the automaker for failing to ensure the safety and functionality of its technology.
3. Insurance Claims: Illinois drivers are required by law to carry liability insurance that covers injuries to pedestrians. If the pedestrian’s injuries are severe, they may need to pursue compensation through an insurance claim. However, if the insurance company argues that the pedestrian’s clothing interfered with the system’s ability to detect them, there may be complex legal debates about how to assess liability.
4. Contributory Factors: In some cases, it may be challenging to determine how much impact the high-visibility clothing had on the accident. Factors such as speed, road conditions, the driver’s attentiveness, the lighting of the location of the accident, and the exact location of the incident all play a role in determining liability. An experienced Illinois pedestrian accident attorney can help navigate these complexities and ensure that all factors are properly considered in the claim.

What Can Illinois Pedestrians and Drivers Do?

The IIHS study highlights the importance of remaining cautious despite the advancements in vehicle technology. Here are some steps that both pedestrians and drivers in Illinois can take to promote safety:

• Pedestrians: While high-visibility clothing is essential for personal safety, pedestrians should also ensure that they are visible from all angles. This includes using reflective tape, carrying a flashlight, or wearing lights to increase their visibility, especially in areas with high vehicle traffic. Pedestrians should also exercise caution when crossing streets, making sure to always use crosswalks, and waiting for crossing signals when appropriate.
• Drivers: Drivers should always be vigilant and attentive, especially in areas where pedestrians are likely to be present. This means slowing down in residential areas, near schools, or at night. Even with advanced safety systems, human attention remains a crucial factor in avoiding accidents.
• Legislation: Illinois lawmakers may need to consider revising regulations regarding pedestrian safety technology, taking into account the complexities of how different clothing types may affect the performance of crash prevention systems. New laws or regulations could require manufacturers to ensure that their pedestrian detection systems are effective regardless of what a pedestrian is wearing.

Contact the Dedicated Illinois Pedestrian Accident Attorneys at John J. Malm & Associates

While technological advancements like pedestrian crash prevention sensors have the potential to save lives, the IIHS study serves as a reminder that these systems are not infallible. In Illinois, where pedestrian accidents are a serious concern, it is important for both pedestrians and drivers to understand the potential limitations of this technology.

Ultimately, pedestrians should never rely solely on technology for their safety. It is always essential to stay aware of your surroundings and exercise caution when walking near roadways. Similarly, drivers must remain alert, especially in areas where pedestrians are present, and not assume that technology will always detect hazards. By understanding the limitations of new technologies, we can work toward a safer Illinois for all.

If you or a loved one has been injured as a pedestrian, contact John J. Malm & Associates for help. Our compassionate and skilled Illinois pedestrian accident attorneys are here to provide the support and legal representation you need. Contact our offices today to discuss your case and explore how you may be compensated for your injuries.

Pedestrian accidents and fatalities have been on the rise across the United States in recent years, presenting a growing public health concern. While traffic safety campaigns and urban planning efforts have aimed to reduce these incidents, the number of pedestrian fatalities continues to increase. This blog explores the statistics behind pedestrian accidents, the contributing factors to rising fatality rates, and what can be done to make roads safer for everyone.

The Alarming Statistics of Pedestrian Accidents

Pedestrian accidents have become a serious issue, especially in urban areas. According to the Governors Highway Safety Association (GHSA), there were approximately 7,485 pedestrian deaths in 2021, representing a 40-year high for such fatalities in the U.S. These figures mark a significant increase from previous years, reflecting the ongoing challenges cities face in reducing pedestrian injuries and deaths​. Pedestrians are now at a higher risk than ever before, with accident rates increasing faster than overall traffic deaths.

The National Highway Traffic Safety Administration (NHTSA) has also reported that pedestrian fatalities now account for 17% of all traffic deaths, up from 13% a decade ago. This rise is even more concerning when considering that overall traffic fatalities have not grown as rapidly as pedestrian deaths, indicating that pedestrians are increasingly vulnerable compared to other road users.

Factors Contributing to the Rise in Pedestrian Accidents

Several factors contribute to the rise in pedestrian accidents and fatalities. Understanding these factors can help in the development of effective prevention strategies:

1. Increased Vehicle Speed: Speeding remains one of the top contributors to pedestrian accidents. The higher the vehicle speed, the more likely a pedestrian will suffer severe injuries or death if struck. Studies have shown that a pedestrian hit by a car traveling at 40 mph has an 85% chance of being killed, compared to just 5% if the car is moving at 20 mph . As vehicle speeds increase in urban and suburban areas, so do the risks for pedestrians.
2. Distracted Driving: The use of smartphones and other in-car technologies has dramatically increased distractions for drivers. Drivers who are distracted by texting, phone calls, or navigation systems are less likely to notice pedestrians in crosswalks or on the roadside, leading to accidents. Similarly, distracted walking—when pedestrians are engaged with their phones or not paying attention to traffic—also contributes to these accidents.
3. Unsafe Road Designs: Many streets and intersections are designed primarily for vehicle traffic, with little consideration for pedestrians. Poorly marked crosswalks, wide lanes that encourage speeding, and a lack of pedestrian-friendly infrastructure all contribute to the high rates of pedestrian accidents. Inadequate lighting, in particular, poses a significant risk for pedestrians at night, as a large percentage of pedestrian accidents occur during low-light conditions.
4. Urbanization and Population Growth: As cities grow and more people move to urban areas, the number of pedestrians on the streets increases. With more foot traffic, the potential for accidents rises. Urban areas are particularly dangerous for pedestrians, accounting for over 80% of pedestrian fatalities​. The combination of dense traffic, busy intersections, and a high number of pedestrians creates a hazardous environment where accidents are more likely.
5. Alcohol and Substance Use: Both drivers and pedestrians under the influence of alcohol or drugs contribute to the rising rates of pedestrian accidents. The NHTSA reports that alcohol involvement—either by the driver or the pedestrian—was involved in nearly half of all fatal pedestrian accidents . Impaired drivers are more likely to make poor decisions, while intoxicated pedestrians may walk into traffic or fail to use crosswalks properly.

Demographics and Vulnerable Groups for Pedestrian Accidents

Certain demographic groups are more vulnerable to pedestrian accidents than others. Older adults and children are particularly at risk due to their physical limitations and lack of experience in navigating traffic safely. People aged 65 and older accounted for 20% of all pedestrian fatalities in 2020 . Children, especially those under the age of 15, are also highly susceptible to accidents, particularly near schools and playgrounds where traffic is heavy and unpredictable.

In addition to age, racial and ethnic minorities are disproportionately affected by pedestrian accidents. A study by Smart Growth America found that Black and Hispanic pedestrians are more likely to be killed in accidents than their white counterparts. This disparity is linked to the fact that minority populations often live in areas with poorly designed infrastructure and fewer pedestrian safety features.

Preventing Pedestrian Accidents and Fatalities

Reducing pedestrian accidents and fatalities requires a combination of urban planning, law enforcement, and public awareness campaigns. Some effective strategies include:

1. Improved Road Design: Cities can reduce pedestrian accidents by designing roads that prioritize pedestrian safety. This includes narrowing traffic lanes to slow down vehicles, adding more pedestrian crossings, improving street lighting, and building sidewalks where none exist. Pedestrian-friendly infrastructure, such as raised crosswalks and pedestrian refuge islands, can significantly reduce the risk of accidents.
2. Speed Limit Enforcement: Enforcing lower speed limits in high pedestrian traffic areas can save lives. Many cities are adopting “Vision Zero” policies, which aim to eliminate all traffic fatalities by reducing vehicle speeds and improving road safety features. Automated speed enforcement, such as speed cameras, can also help deter drivers from speeding in pedestrian-heavy zones.
3. Technology Solutions: Advanced technologies, such as pedestrian detection systems and automatic emergency braking, are becoming standard in many newer vehicles. These systems can help prevent accidents by detecting pedestrians in the vehicle’s path and automatically applying the brakes if the driver does not respond in time. As these technologies become more widespread, they have the potential to reduce the frequency of pedestrian accidents.
4. Public Awareness and Education: Public campaigns to raise awareness about the dangers of distracted driving and walking can also help reduce accidents. Both drivers and pedestrians need to be educated on the importance of paying attention to their surroundings, using crosswalks, and obeying traffic signals. Educational programs aimed at children and older adults can help these vulnerable groups navigate traffic more safely.
5. Increased Law Enforcement: Strict enforcement of traffic laws, including penalizing distracted driving and jaywalking, can help reduce accidents. Police can also target areas with high pedestrian traffic and accident rates for enhanced monitoring and intervention.

Dealing with Increased Pedestrian Accidents and Fatalities

Pedestrian accidents and fatalities are an increasing problem in the United States, with various factors such as speeding, distracted driving, and poor road design contributing to the rise. Vulnerable populations, including older adults, children, and minorities, are particularly at risk. However, through better urban planning, enhanced technology, and focused public awareness efforts, these accidents can be prevented. It is essential that both drivers and pedestrians take responsibility for road safety to ensure that fatal accidents do not continue to climb in the coming years.

If you or a loved one has been injured in a pedestrian accident, contact the experienced Illinois pedestrian accident attorneys at John J. Malm & Associates.  With offices in Naperville and St. Charles, we are ready to help you navigate your legal options and fight for the compensation you need.