Your first priority should always be getting medical attention, even if your injuries do not seem serious at first. After receiving medical care, there are additional steps that can help protect you and your claim, from documenting what happened to preserving important information. An attorney can assist with many of these steps and help ensure nothing is overlooked, especially in the early stages of a claim.
Knowing what to do after being hit by a car can help you protect your health, preserve important evidence, and make informed decisions about what comes next.
What To Do at the Scene of the Accident
The first few minutes after an accident can be disorienting, but the steps you take still matter.
Call 911 and make sure a Chicago Police Department officer responds. The police report is one of the most important documents in any pedestrian accident claim because it creates an official record of what happened.
If you are able, gather the driver’s name, phone number, insurance information, license plate, and vehicle details. Take a photo of the license plate and the scene if it is safe to do so.
Avoid apologizing or making statements about fault. Anything you say at the scene can be misunderstood or taken out of context, especially when you are injured or trying to process what just happened.
72% of Chicago traffic deaths involve drivers traveling at high speeds. More than half of pedestrians killed in the city are hit by an SUV or larger vehicle.
How a Pedestrian Accident Lawyer Helps From the Start
After a pedestrian is hit by a car in Chicago, acting quickly can make a difference in what evidence is available and how your claim develops.
In Chicago, busy areas like the Magnificent Mile, State Street, and neighborhoods such as Wrigleyville, Andersonville, and Bronzeville see constant foot traffic and vehicle movement. These areas are often lined with businesses that may have security cameras showing how the accident happened. However, this footage is usually kept for a limited time.
A pedestrian accident lawyer can step in quickly to preserve that evidence and manage other key aspects of your case. An attorney can also gather police reports, locate witnesses, review medical records, and handle communication with insurance companies from the start.
When Insurance Calls and How to Respond
In Chicago, it is common to hear from the driver’s insurance company within days of a pedestrian accident, sometimes before you have had a chance to fully assess your injuries.
That timing is deliberate. In Chicago, more than one person per day was seriously injured or killed while walking in 2022. Insurers act quickly to protect their bottom line in these cases, and you may be asked for a recorded statement or to explain what happened.
It is important to be cautious. Avoid discussing fault, downplaying common injuries, or agreeing to a recorded statement before speaking with a lawyer. Getting legal guidance first can help you protect your claim and avoid saying something that may be used against you later.
What To Do in the First Week After a Pedestrian Accident
The first week is when patterns form in your medical care, documentation, and claim. Small decisions during this time can have a lasting impact.
It is important to focus on the following steps:
- Continue medical care: Follow all treatment recommendations and attend every appointment to create a consistent record of your injuries.
- Track missed work: Keep a record of any time you are unable to work and how the injury affects your ability to earn income.
- Save all expenses: Hold onto receipts and records for transportation, medications, and any costs related to your recovery.
- Avoid social media: Do not post about the accident or your activities, as posts can be taken out of context and used against you.
- Connect with a lawyer: If you have not already done so, this is the time to speak with an attorney who can begin protecting your claim.
What Happens in the Months After a Pedestrian Accident
After the first week, your case begins to take shape over the following months. This period focuses on building your claim, understanding your injuries, and deciding how to move forward.
During this time, expect the following:
- Building your case: Your legal team gathers medical records, accident reports, witness statements, and any available footage to determine what happened and who is responsible.
- Negotiating with insurance: Attorneys handle communication with the insurance company and push back against low offers based on the full impact of your injuries.
- Evaluating settlement options: As your condition becomes clearer, you and your attorney will assess whether a settlement reflects your losses or if further action is needed.
Considering a lawsuit: If a fair resolution is not offered, filing a lawsuit may be necessary to pursue full compensation. - Addressing long-term impact: This includes future medical care, time away from work, and how the injury may affect your daily life.
Your Legal Rights as a Pedestrian Under Chicago Law
Illinois law often protects pedestrians in crosswalks and at pedestrian-control signals, but the exact right-of-way rules depend on the circumstances. Pedestrians must obey traffic-control devices, and crossing outside a marked or unmarked crosswalk can affect how fault is assessed. Even so, drivers must exercise due care to avoid colliding with pedestrians.
These rules apply everywhere, from high-traffic corridors like Western Avenue and Ashland Avenue to busy intersections near Hyde Park and Pilsen, where foot traffic and vehicle congestion often overlap.
In 2025, Illinois reported more than 300 fatalities on city streets, highlighting how often serious crashes occur in these environments. City streets involve frequent stops, turns, and close interactions between drivers and pedestrians, which can increase the risk of driver error.
Common Mistakes Pedestrian Accident Victims Make
Small decisions can have a lasting impact on your health and your claim. Many of these mistakes happen early and can make it harder to recover compensation.
Common mistakes to avoid include:
- Delaying medical care: Waiting to seek treatment can make it harder to connect your injuries to the accident and may raise questions about their severity.
- Speaking with insurance alone: Talking to the insurance adjuster without legal guidance can lead to statements that are used to reduce or deny your claim.
- Accepting a quick settlement: Early offers often do not reflect the full extent of your injuries or future impact.
- Failing to preserve evidence: Not collecting photos, witness information, or details from the scene can weaken your ability to prove what happened.
Frequently Asked Questions
How Long Do I Have To File a Claim in Illinois?
In most cases, you have two years to file a personal injury claim, but it is best to speak with a lawyer to confirm deadlines.
What if I Wasn’t in a Crosswalk When I Was Hit?
You may still have a claim, as drivers are expected to exercise reasonable care, even if you were not in a crosswalk.
Can I Still Recover Damages if I Was Jaywalking?
You may still recover compensation, though the outcome may depend on the circumstances. A lawyer can review what happened and explain your options.
How Much Is a Pedestrian Accident Claim Worth in Chicago?
The value depends on your injuries, medical care, lost income, and how the accident has affected your life.
Do I Need a Lawyer, or Can I Handle It Myself?
Do Out-of-State Visitors Have the Same Legal Rights as Chicago Residents?
Get Help After a Pedestrian Accident in Chicago
Knowing what to do after being hit by a car is an important first step, but you do not have to handle everything on your own. Getting the right guidance early can make a difference in how your claim moves forward and how your injuries are documented.
Levin & Perconti has recovered over $1 billion in verdicts and settlements and brings more than 400 years of combined experience to cases involving serious injuries, including pedestrian accidents in Chicago.
If you were injured as a pedestrian, call (312) 332-2872 or contact Levin & Perconti online to discuss your situation and learn what options may be available to you.
