Illinois Fatal Pedestrian Accident Lawyers

Award-Winning Attorneys Representing Families Who Lost A Loved One After Being Struck By A Car Throughout Illinois

Every life lost on Illinois streets is a tragedy with ripple effects for families, friends, and communities. Fatal pedestrian accidents are among the most devastating traffic collisions because they often involve little more than a human body and a much larger motor vehicle. Over the last decade the nation, and Illinois, have seen troubling increases in pedestrian deaths, and the state’s most recent crash reports show pedestrian fatalities remain a pressing safety problem.

At John J. Malm & Associates, we are dedicated to helping Illinois families who have lost loved ones in tragic accidents caused by negligence. With over 90 years of combined experience representing clients in wrongful death and personal injury cases, our Illinois fatal pedestrian accident attorneys understand both the legal and emotional challenges that follow a fatal crash. We pride ourselves on providing compassionate support while aggressively pursuing justice and maximum compensation on behalf of grieving families. Our team has successfully handled complex wrongful death cases across Illinois, and we are here to guide you through every step of the legal process with care, skill, and dedication.

“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.” — John J. Malm, Naperville wrongful death attorney

How Big is the Problem of Fatal Pedestrian Accidents?

Pedestrian fatalities rose dramatically over the 2010s and into the early 2020s before showing slight declines at the national level in recent annual estimates. Nationwide, 7,314 pedestrians were killed in traffic crashes in 2023, according to the National Highway Traffic Safety Administration (NHTSA). That figure represented a modest decline from a 2022 peak but remains far above pre-pandemic levels and is part of a long-term upward trend in pedestrian risk.

In Illinois, state crash data shows that pedestrian-involved fatal crashes numbered 200 in 2023. More recent Illinois Department of Transportation reporting and reporting by regional media indicate a spike to 219 pedestrian fatal crashes in 2024, an increase of about 9.5% from the prior year. That rise occurred even as overall traffic fatalities in Illinois fell slightly in 2024, underscoring that pedestrian deaths are a distinct and worsening portion of the state’s traffic fatality picture.

The Governors Highway Safety Association (GHSA) and other national bodies also confirm that although pedestrian fatalities edged down in some 2023–2024 reports, pedestrian deaths across the United States remain substantially higher than they were in 2019 and especially elevated compared with pre-2010 levels. In short: the problem is national and it’s real in Illinois as well.

Where and When Do Fatal Pedestrian Crashes Happen in Illinois?

Fatal pedestrian crashes are concentrated in higher-traffic urban areas but occur across the state. Cook County consistently reports the largest number of pedestrian-involved crashes and fatalities, with suburban collar counties (including DuPage, Kane, Lake, McHenry, and Will) also accounting for a notable share of deaths. In 2023, Cook County and DuPage County together had some of the highest counts of people involved in pedestrian crashes. In 2024, the six-county region of Cook, DuPage, Kane, Lake, McHenry, and Will accounted for a majority of fatal pedestrian crashes reported in IDOT’s regional breakdowns. Peaks in pedestrian fatalities often occur during evening hours and in places with heavy vehicle traffic, limited crossing infrastructure, or poor lighting.

Common high-risk locations include:

• Urban surface streets with multiple vehicle lanes and limited crosswalks.
• Highway on/off ramps and arterial roads where vehicle speeds are higher.
• Areas with inadequate pedestrian infrastructure (missing sidewalks, unmarked crossings).
• Parking lots and driveways where drivers may be unfamiliar with foot traffic.
• Railroad crossings and tracks (a related but distinct source of pedestrian fatalities).

Who is Most at Risk of a Fatal Accident?

Pedestrian fatality risk varies by age, time of day, and other factors. National and Illinois trends show:

• Older adults are especially vulnerable: falls and severe injuries among older pedestrians often lead to higher fatality rates after collisions. IDOT and CDC data emphasize that older age groups face greater risk of severe or fatal injuries when struck.
• Young adults (the 21–34 age group) also represent a significant share of pedestrians involved in crashes, reflecting exposure patterns (work, nightlife, commuting).
• Nighttime pedestrian crashes are disproportionately deadly: collisions after dark are more likely to result in fatalities because drivers have reduced visibility and speeds are often higher.
• Impairment (alcohol or drugs) on the part of the driver or pedestrian increases the risk of fatal outcomes, and drug- and alcohol-involved crashes have been flagged in many state and national analyses of pedestrian crashes.

Main Causes and Contributing Factors to Fatal Pedestrian Crashes

Fatal pedestrian collisions rarely have a single cause. They are usually the product of a mix of human behavior, vehicle and roadway design, and environmental conditions. The most commonly reported contributing factors include:

• Driver inattention or distraction (phones, infotainment systems, other tasks).
• Speeding: higher vehicle speeds make crashes more likely to be fatal.
• Impaired driving (alcohol, other substances).
• Poor visibility: darkness, bad weather, or inadequate street lighting.
• Lack of pedestrian infrastructure: missing sidewalks, inadequate crosswalks, or long crossing distances.
• Larger vehicle fleets: the growing share of SUVs and pickups with higher front ends increases the likelihood of severe pedestrian injuries in impacts.
• Surveillance and traffic enforcement gaps: insufficient enforcement of speed limits and impaired driving laws can contribute indirectly to higher pedestrian risk.

Traffic engineers and safety advocates often point to roadway design as a root cause that can be addressed. For example, narrower lanes, more crossing refuges, better lighting, and traffic calming all reduce pedestrian fatality risk.

Legal Options After a Fatal Pedestrian Crash in Illinois

When a pedestrian is killed in a traffic crash in Illinois, family members may have several legal avenues depending on the situation and the responsible parties. Common claims and considerations include:

• Wrongful death claims against a negligent driver: If the driver’s negligence (speeding, impairment, distracted driving, failing to yield, reckless driving) caused the pedestrian’s death, the victim’s personal representative may file a wrongful death lawsuit seeking compensation for funeral and burial expenses, loss of the deceased’s expected income and services, and damages for pain and suffering and loss of companionship.
• Survival actions: These are claims the deceased could have brought if they had survived (medical expenses and the decedent’s pain and suffering prior to death).
• Liability against other parties: Sometimes other parties may share liability: commercial vehicle employers (vicarious liability), municipalities if a roadway defect or design contributed to the crash, property owners (for example, inadequate lighting in a parking lot), or equipment manufacturers if a vehicle defect played a role.
• Insurance claims: Families typically must coordinate with the driver’s auto insurer and may need to evaluate uninsured/underinsured motorist coverage or other available policies.

A thorough investigation of collecting police reports, surveillance video, witness statements, vehicle data (event data recorder), toxicology reports, and scene measurements is essential to establishing fault and value in a pedestrian wrongful death claim.

Evidence that Helps Families Prove Fault After a Fatal Accident

Because fatal pedestrian cases often turn on the precise sequence of events, powerful and time-sensitive evidence is critical:

• Police and crash reports (often include diagrams, officer observations, and toxicology/testing results).
• Surveillance and dash camera footage (stores, traffic cameras, nearby vehicles).
• Vehicle data recorder (EDR) information showing speed, brake application, and other pre-crash data.
• Toxicology reports for both driver and pedestrian when applicable.
• Photographs of the scene (lighting, crosswalk markings, signage, skid marks).
• Witness statements from bystanders, other drivers, or public transportation operators.
• Engineering or reconstruction expert reports to show causation and to recreate speeds and impact dynamics.
• Medical records and autopsy reports to document cause and manner of death and pre-death trauma.

Because video and EDR data are often overwritten quickly, preserving evidence immediately after a crash is essential.

Practical Steps for Families to Take After a Fatal Pedestrian Accident

• Seek the police crash report and request copies of any available public camera footage or business surveillance that may have recorded the collision.
• Obtain the coroner’s/medical examiner’s report and any toxicology testing results once available.
• Preserve social media and cellphone records that might show the victim’s location or the conditions leading up to the crash.
• Contact an experienced Illinois wrongful death and catastrophic-injury attorney before giving recorded statements to insurers. Insurance adjusters may approach families quickly; legal counsel can protect rights and ensure evidence is preserved.
• Keep careful records of funeral and burial expenses, out-of-pocket costs, and any communications with insurers or responsible parties.

Frequently Asked Questions (FAQ) about Fatal Pedestrian Accidents

Q: Who can bring a wrongful death claim after a pedestrian is killed?
A: Under Illinois law, the personal representative of the decedent’s estate typically files wrongful death and survival actions on behalf of the deceased and surviving family members. The law also specifies the types of damages recoverable and the procedural rules for bringing such claims. Consulting an Illinois wrongful death attorney promptly is important to meet legal deadlines.

Q: What if the pedestrian was partially at fault (for example, jaywalking)?
A: Illinois uses a comparative fault system. If the pedestrian shares fault, their recoverable damages are reduced by their percentage of fault. However, pedestrians are not automatically barred from recovery unless their share of fault exceeds statutory limits in some contexts, so each case requires factual investigation.

Q: How long will a wrongful death case take?
A: The timeline varies widely depending on the complexity of the crash, availability of evidence, value of claims, and whether the case settles or goes to trial. Families should expect months to years in complex cases; however, attorneys will often pursue immediate preservation and interim insurance negotiations while investigations proceed.

Q: Can families get compensation for funeral costs and lost income?
A: Yes. Wrongful death and survival actions can seek compensation for funeral and burial expenses, the decedent’s medical expenses prior to death, loss of the decedent’s probable future income and services, and non-economic damages such as loss of companionship.

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

If your family has suffered the devastating loss of a loved one in a fatal pedestrian accident, you deserve answers, accountability, and justice. At John J. Malm & Associates, we will investigate the circumstances of the accident, identify all responsible parties, and fight to recover compensation for funeral expenses, lost financial support, and the emotional toll of your loss. Evidence in these cases can be lost quickly, so it is important to act as soon as possible. Contact us today for a free and confidential consultation with one of our experienced Illinois wrongful death attorneys. Let our team stand by your side and help you pursue the justice your family deserves.