You're walking through a crosswalk with the signal, and a car turning left or right hits you. In a moment, your life changes. You're injured, scared, and confused about what to do next. Understanding your legal rights as a pedestrian hit by a turning vehicle in Illinois is the first step toward getting the care and compensation you need. This isn't just about traffic rules; it's about protecting yourself after a serious accident.

What are my legal rights after this type of accident?

Your rights come from Illinois laws designed to protect pedestrians. Drivers have a duty to yield to pedestrians, especially in intersections and crosswalks. If a driver fails to do this and hits you while turning, they are likely at fault. Your rights include seeking compensation for your medical bills, lost wages, pain and suffering, and other damages. You can learn more about the specific legal framework for these claims on our page about navigating intersection injury claims in Illinois.

A common scenario is a driver turning on a green light but failing to yield to a pedestrian who has the "walk" signal in a crosswalk. Another is a driver turning right on red without looking properly for people crossing the street. In both cases, Illinois law generally places the responsibility on the driver to operate their vehicle safely and yield.

What should I do immediately after being hit?

Your actions right after the accident can protect your rights. First, get to safety and call 911. Even if you feel okay, you need a police report and medical attention. Hidden injuries like internal bleeding or concussions are common. Get the driver's information and contact details for any witnesses. Witnesses can be crucial, and you can find guidance on locating witnesses for an Illinois lawsuit. Take photos of the scene, your injuries, the vehicle, and any traffic signals.

A mistake to avoid: talking too much at the scene

Don't speculate about what happened or say you're "fine" to the driver or police. Stick to the facts you know. Admissions of fault or statements about your health can be used against you later. Just report what you saw and let the investigation proceed.

How does Illinois law determine who is at fault?

Illinois uses a system called "comparative negligence." This means the court will look at the actions of both the driver and the pedestrian. Even if the driver was turning illegally, if you were crossing against a signal or outside a crosswalk, your compensation might be reduced. For example, if you're found 20% at fault for jaywalking, your total award would be reduced by 20%. It's a complex system, and understanding how comparative negligence affects settlements is important.

The key factor is usually whether the pedestrian had the right of way. Illinois statutes give pedestrians the right of way when they are in crosswalks with a signal. Drivers must yield.

What kind of compensation can I seek?

You can file a claim against the driver's insurance for several types of losses.

• Medical expenses: All hospital bills, doctor visits, surgery, physical therapy, and future medical care.
• Lost income: Wages lost while you recover and any loss of future earning capacity.
• Pain and suffering: Compensation for physical pain and emotional distress from the accident.
• Property damage: If any personal items (like a phone or glasses) were damaged.

Tip: keep a detailed recovery journal

Start a simple notebook or digital document. Each day, note your pain levels, what activities you can't do, how you're feeling emotionally, and any medical updates. This personal record can be very powerful when documenting your pain and suffering for a claim.

Should I hire a lawyer for a pedestrian accident claim?

For serious injuries, yes. Insurance companies often try to minimize payouts. An experienced Illinois personal injury lawyer knows how to value your claim, gather evidence like traffic camera footage or witness statements, and negotiate effectively. They also handle the legal complexities, like Illinois' comparative negligence rule, so you can focus on healing.

Look for a lawyer with specific experience in pedestrian and intersection accidents. They will understand the common patterns and defenses in these cases.

What are the practical next steps I should take?

If you've been hit by a turning vehicle, follow this checklist to protect your health and your rights.

1. Seek medical attention immediately, even for minor pains. Get a full evaluation.
2. Report the accident to the police and ensure a report is filed.
3. Collect all possible evidence: photos, driver info, witness contacts.
4. Notify the driver's insurance company, but do not give a recorded statement or sign anything without legal advice.
5. Keep all medical records, bills, and proof of lost wages organized.
6. Consult with a personal injury attorney to understand your full rights and the best path forward. Many offer free initial consultations.

For official reference on Illinois traffic laws regarding pedestrians, you can review the Illinois Vehicle Code sections on pedestrian rights, such as 625 ILCS 5/11-1002.