Kendall County Pedestrian Accident Lawyers

Attorneys for Victims Hit By Vehicles in Yorkville, Montgomery, and Oswego

Pedestrian crashes in Kendall County are, fortunately, far fewer than in large urban centers, but even a single pedestrian injury or death is devastating for the person hurt, their family, and the community. As Kendall County has grown rapidly over the last decade, increased traffic volume on major corridors (like Route 47 and U.S. Route 30), more commuting trips, and new subdivisions have changed how people walk, bike, and cross roads.

At John J. Malm & Associates, our pedestrian accident attorneys have built a reputation throughout Kendall County for delivering exceptional results, personal attention, and unwavering advocacy for injured victims and their families. With decades of combined experience and a deep understanding of how local roadways, traffic patterns, and insurance companies operate, our team is committed to standing up for pedestrians who have been harmed by negligent drivers. We know the physical, emotional, and financial toll these crashes impose, and we work tirelessly to secure the medical care, compensation, and justice our clients need to rebuild their lives. Whether your accident occurred in Yorkville, Oswego, Plano, Montgomery, or any of the county’s growing communities, our firm is prepared to protect your rights from day one.

“Pedestrian injuries are life-changing for victims and families. Our firm helps clients get the medical care and financial recovery they need while they focus on healing.” — John J. Malm, Kendall County injury lawyer

Kendall County Pedestrian Crash Numbers

According to the 2022 Illinois Department of Transportation county crash summary for Kendall, there were 16 pedestrian-involved accidents, including 1 fatality and 15 injured pedestrians. Unfortunately, pedestrian accidents are on the rise, not just in Kendall County, but across the state as well. Illinois, overall, has been grappling with persistent pedestrian fatalities in recent years. Statewide traffic safety reports and federal data show pedestrian deaths remain a significant portion of all traffic fatalities. Nationally, the U.S. saw over 7,300 pedestrian deaths in 2023, underscoring that pedestrian safety is an area of critical focus across the country.

Where and When Pedestrian Accidents Occur in Kendall County

Local data and news reporting point to a few recurring patterns:

• Crashes often happen on high-speed, multi-lane roads that cut through downtowns or connect suburbs (for example, Route 47 through Yorkville). Communities and planning bodies have flagged several crossings as needing safety upgrades.
• Many pedestrian incidents occur during dusk, nighttime, or low-visibility conditions, when drivers are less likely to see people on or near the roadway.
• Crosswalks without adequate lighting, narrow shoulders with no sidewalks, and intersections where turning drivers fail to yield are common contributing factors. Local traffic engineering studies and IDOT safety materials emphasize similar issues statewide.

Most Common Causes of Kendall County Pedestrian Accidents

Pedestrian crashes are usually the result of a combination of driver behavior, pedestrian behavior, road design, and environmental conditions. In Kendall County and across Illinois, the factors that show up most often are:

• Driver failure to yield at marked or unmarked crosswalks (turning or proceeding through intersections).
• Speeding: higher vehicle speed increases both the likelihood of a crash and the severity of injuries.
• Distracted driving (cell phones, infotainment systems, etc.).
• Poor lighting and visibility: many pedestrian fatalities happen at night.
• Inadequate pedestrian infrastructure: missing sidewalks, long crossing distances, lack of refuge islands on busy roads.

Typical Injuries Pedestrians in Kendall County Suffer

Because pedestrians lack the protective shell of a vehicle, injuries can be severe even at relatively low crash speeds. Common injuries include:

• Traumatic brain injury (concussion, hemorrhage)
• Skull and facial fractures
• Spinal cord injuries and paralysis
• Broken bones (especially pelvis, legs, arms, ribs)
• Internal organ damage and internal bleeding
• Soft-tissue injuries, lacerations, and long-term chronic pain

Many pedestrian survivors face long hospital stays, multiple surgeries, rehabilitation, and life-altering disabilities. Even “non-life-threatening” injuries can lead to months of lost income and substantial medical bills.

Common Damages in a Kendall County Pedestrian Accident Claim

When pursuing compensation after a pedestrian crash, common damages include:

• Medical expenses (past and future)
• Lost wages and loss of future earning capacity
• Pain and suffering (physical and emotional)
• Permanent disability or disfigurement
• Costs of home modification or long-term care (if needed)
• Funeral and burial expenses in wrongful death cases

A knowledgeable Kendall County pedestrian injury attorney will work with medical and economic experts to estimate future costs and present a full picture of damages during settlement negotiations or trial.

Illinois Law on Pedestrians: Who Must Yield?

Under Illinois law, drivers must yield to the right-of-way of pedestrians in crosswalks and, in many circumstances, when pedestrians are crossing the driver’s side of the roadway. Pedestrians, however, must not suddenly leave a curb or otherwise enter the roadway in a way that gives the driver no time to stop. These statutes form the legal baseline for determining fault after a crash. Local agencies rely on these laws when evaluating liability after a pedestrian accident.

Practical takeaway: a pedestrian being struck while lawfully in a marked crosswalk is often presumptively the driver’s fault, but investigations commonly look at sight-lines, signals, speed, lighting, and whether the pedestrian acted suddenly or negligently. Because insurance companies often put the blame on pedestrians, you should contact an experienced Kendall County pedestrian accident attorney right away to preserve your rights.

What to do After a Kendall County Pedestrian Accident

If you or someone you love is struck by a vehicle, safety and documentation are priorities:

1. Get medical attention right away: call 911 even if injuries seem minor. Some serious injuries don’t show symptoms immediately.
2. If you can, document the scene: take photos of vehicles, skid marks, crosswalks, traffic signals, street signs, lighting, injuries, and your clothing.
3. Collect contact and insurance information from the driver, plus names/contact of any witnesses.
4. Preserve evidence: keep torn clothing, shoes, and any personal items as they may be evidence.
5. Report the crash to police: official crash reports are frequently used in investigations and claims.
6. Contact an experienced Kendall County injury lawyer before giving recorded statements to an insurance adjuster. Insurance companies sometimes urge quick statements that can be used to reduce or deny claims.

If you’re unable to do these things right away because of injury, a trusted family member or the attorney you hire can handle documentation and preservation tasks.

How a Kendall County Pedestrian Injury Claim Typically Proceeds

• Immediate medical care & records: Your doctors’ notes, imaging, and bills create the medical record that proves injury and need for care.
• Investigation: Your lawyer or investigators collect police reports, witness statements, traffic camera/video if available, and conduct scene measurements. IDOT and local crash data may be referenced for broader context.
• Insurance claims: The at-fault driver’s auto liability insurer is usually the first source of compensation. If the driver is uninsured or underinsured, your own policy or other sources may be needed.
• Negotiation or litigation: Many cases settle out of court, but if the insurer refuses fair compensation, your attorney can file a lawsuit and take the case to trial.

How Our Kendall County Injury Lawyers Can Help After an Accident

At John J. Malm & Associates, our attorneys help you after a crash and will:

• Arrange and coordinate prompt medical evaluations and follow-up care.
• Preserve and collect evidence: police reports, witness statements, surveillance video, scene photos, and engineering data.
• Identify all insurance and recovery sources (at-fault driver, UM/UIM, employer liability if applicable).
• Work with medical and vocational experts to document future care and lost earning capacity.
• Negotiate aggressively with insurers and litigate when necessary.

We handle pedestrian injury claims on a contingency basis, which means you pay no legal fees unless we recover for you.

Frequently Asked Questions about Kendall County Pedestrian Accidents

Q: If I was hit while crossing the street in a marked crosswalk, am I automatically entitled to compensation?
A: Not automatically, but being in a marked crosswalk is strong evidence that you had the right-of-way and that the driver had a duty to yield. The investigation will still look at whether the driver was speeding, impaired, distracted, and whether the pedestrian acted suddenly. An attorney can help evaluate the evidence and pursue compensation.

Q: What if the driver says I darted into traffic?
A: Disputes over how the crash happened are common. Witness statements, video footage (traffic cameras, business surveillance), police reports, and scene photos can prove or disprove that claim. Even where both parties share some blame, Illinois follows comparative negligence rules.

Q: How long do I have to file a lawsuit in Illinois after a pedestrian accident?
A: Generally, the statute of limitations for personal injury suits in Illinois is two years from the date of the injury, though there are exceptions and tolling rules that can apply. It’s wise to contact a lawyer promptly to protect evidence and meet deadlines.

Q: What if the driver is uninsured?
A: If the at-fault driver lacks insurance, your first step is to check your own uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM can cover your medical bills and other losses if the other driver can’t pay. Your attorney can advise on collecting from other available sources as well.

Q: Should I speak to the at-fault driver’s insurance company?
A: You may be contacted by the insurer soon after the crash. Avoid recorded statements or signing releases without talking to an attorney, as insurers often seek to minimize payouts and a quick statement can be used to undermine your claim.

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

Pedestrian crashes in Kendall County may be less common than in big cities, but the human toll is every bit as serious. If you or a loved one has been injured, immediate medical care and a careful investigation are essential. At John J. Malm & Associates, we help injured pedestrians get fair compensation while they concentrate on recovery. Contact our office today for a free consultation so we can get to work for you.