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Motor Vehicle Accidents 
When a Pedestrian Is Involved in a Hit and Run Accident
Call: (312) 609-0400
or fill out the Contact Form
When a pedestrian is the victim of a hit and run driver, he or she should contact emergency services, collect information, and talk to witnesses at the scene. In circumstances where negligence caused the accident, victims can file a personal injury claim against the at-fault party.
Surviving a Hit and Run Accident
In 2018, an alarming rise in pedestrian injuries was reported to traffic authorities. In Illinois, there were 60 pedestrian deaths in 2017 and 80 deaths in 2018. Accident statistics show the rise in pedestrian injuries and deaths is partly due to a rise in hit-and-run accidents.
According to the AAA Motor Club, a hit-and-run crash occurs every minute in the United States. While some crashes don't have fatal outcomes, personal injury lawyers often see victims with severe physical injuries, long-term emotional problems, and permanent disabilities that impact their lifestyle and livelihood.
Illinois has strict hit-and-run laws that apply to any driver involved in a motor vehicle accident that results in injuries or property damages. The Illinois Vehicle Code states the following:
- Drivers must stop their vehicle at the scene of the accident
- Drivers must provide contact and insurance information to all parties involved in the accident
- Drivers must assist any injured parties at the accident scene
- Drivers must file a written report if the accident causes injury or death to another party
- Drivers must file a written report if property damages exceed $1,500
Vehicle accident reports are usually provided by police officers at the scene of the accident, but they can be obtained at any police station or sheriff's office. According to law, accident reports must be filed by mail or online within 10 days of the accident date.
Hit and Run Penalties
Illinois hit and run accidents are classified as misdemeanors or felonies, depending on the circumstances of the crash. When a driver crashes into another vehicle, person, or property and then flees the scene of the accident, the driver is subject to harsh penalties. Penalties range from steep monetary fines to lengthy prison sentences, or both.
Hit and run accidents that cause only property damages carry a maximum fine of $2,500 and a maximum prison term of 1 year. If a driver fails to stop, and someone is injured or killed, penalties include a maximum fine of $25,000, 1-3 years in prison, and license revocation. If a driver fails to file an accident report, the prison term jumps to 3-7 years for injuries and 4-15 years for fatalities.
What Makes a Pedestrian Hit-and-Run Case Different?
A pedestrian hit-and-run is not just a normal crash where the other driver left. The injured person was outside a vehicle, often without any immediate way to identify the driver, preserve dashcam footage, or exchange insurance information. That makes scene evidence, witness information, video footage, and insurance coverage especially important.
What a Pedestrian Should Do After a Hit-and-Run
The existing article correctly notes that a pedestrian should contact emergency services, collect information, and talk to witnesses. The steps below expand that into a practical checklist.
Call 911 and request medical help
A police report helps document that the driver fled, where the crash happened, whether witnesses were present, and whether officers identified camera sources or vehicle debris.
Do not leave the scene unless medical care requires it
If emergency treatment is not immediately required, try to stay long enough to identify witnesses, nearby cameras, vehicle debris, and the exact impact location.
Write down everything remembered about the vehicle
Record the color, make, model, body style, license plate or partial plate, direction of travel, damage location, driver description, and anything unusual about the vehicle.
Look for video before it disappears
Nearby businesses, apartments, buses, rideshare vehicles, delivery trucks, traffic cameras, gas stations, and doorbell cameras may have footage that is deleted within days.
Take photos of the pedestrian scene
Photograph the crosswalk, curb, sidewalk, intersection, lighting, traffic signs, debris, skid marks, road conditions, weather, and where the pedestrian came to rest.
Get medical care and follow up
Pedestrian impacts can cause head injuries, fractures, internal injuries, spinal injuries, soft-tissue damage, and delayed symptoms. Medical records help connect the injuries to the crash.
Evidence That Matters in a Pedestrian Hit-and-Run
Pedestrian hit-and-run claims often turn on proof that another vehicle caused the injuries, proof of where the pedestrian was located, and proof that the fleeing driver cannot be identified or insured.
| Evidence | Why It Matters | Examples to Preserve |
|---|---|---|
| Intersection and crosswalk evidence | Helps show where the pedestrian was walking and whether the driver failed to yield, ran a light, turned unsafely, or left the roadway. | Crosswalk photos, signal photos, traffic-control signs, curb ramps, sidewalk location, lane markings, and pedestrian signal timing. |
| Vehicle evidence | Can help identify the fleeing driver or prove another vehicle made contact with the pedestrian. | Partial plate, paint transfer, broken mirror glass, headlights, trim pieces, skid marks, debris, witness descriptions, and video footage. |
| Lighting and visibility | Drivers and insurers often argue that the pedestrian was hard to see, especially at night or in poor weather. | Streetlight photos, weather notes, clothing photos, time of day, road design, obstruction photos, and business or traffic-camera footage. |
| Witness accounts | Witnesses may have seen the vehicle, direction of travel, driver behavior, traffic signal, or pedestrian location. | Names, phone numbers, short statements, business employees, nearby drivers, passengers, rideshare drivers, and bystanders. |
| Medical documentation | Connects the pedestrian’s injuries to the crash and shows the seriousness of the impact. | Ambulance records, ER records, imaging, orthopedic records, neurology records, surgical records, therapy notes, and work restrictions. |
| Insurance records | Shows what coverage may apply if the hit-and-run driver is never found. | Auto policy declarations pages, household auto policies, claim numbers, adjuster letters, medical payments coverage, and uninsured motorist coverage. |
Can a Pedestrian Use Uninsured Motorist Coverage?
One of the most important issues in a pedestrian hit-and-run case is whether uninsured motorist coverage applies. Many people assume uninsured motorist coverage only applies when they are inside their own car. That is not always true.
| Possible Coverage Source | How It May Apply | What to Review |
|---|---|---|
| The pedestrian’s own auto policy | If the injured pedestrian owns a vehicle, their uninsured motorist coverage may apply even though they were walking at the time. | Declarations page, policy definitions, uninsured motorist limits, medical payments coverage, and notice requirements. |
| A household family member’s policy | A spouse, parent, or household member’s policy may cover a pedestrian depending on residency and policy language. | All household auto policies, named insureds, resident-relative definitions, exclusions, and coverage limits. |
| Medical payments coverage | Some policies include medical payments coverage that may help with medical expenses regardless of fault. | MedPay limits, billing rules, reimbursement issues, and whether health insurance has already paid some bills. |
| Health insurance | Health insurance may pay for treatment while the hit-and-run or uninsured motorist claim is investigated. | Medical bills, explanations of benefits, liens, reimbursement claims, and provider records. |
| Workers’ compensation | If the pedestrian was working when hit, such as a delivery worker, road worker, utility worker, or employee walking between job sites, workers’ compensation may apply. | Employer notice, job duties, time and location of the crash, wage records, and whether a third-party claim also exists. |
How Fault Is Proven When the Driver Flees
When the driver leaves the scene, the insurance company may still question how the crash happened. It may ask whether the pedestrian was in a crosswalk, whether the pedestrian signal allowed crossing, whether the pedestrian entered the road suddenly, or whether another explanation caused the injury.
| Fault Issue | What the Insurance Company May Argue | Evidence That Can Help |
|---|---|---|
| Crosswalk location | The insurer may claim the pedestrian was outside the crosswalk or crossed where drivers would not expect a pedestrian. | Crosswalk photos, police diagram, witness statements, pedestrian-signal timing, nearby camera footage, and intersection layout. |
| Traffic signal | The insurer may question whether the pedestrian had the walk signal or whether the driver had a green light. | Signal timing, intersection cameras, witness accounts, police report, traffic-control device photos, and time-stamped 911 or video evidence. |
| Driver turning movement | A fleeing driver may have turned left or right into the pedestrian and continued without stopping. | Impact location, vehicle debris, turn-lane photos, witness statements, video footage, and injury pattern. |
| Visibility | The insurer may argue the driver could not see the pedestrian because of darkness, weather, clothing, parked vehicles, or road design. | Lighting photos, weather records, clothing photos, streetlight conditions, business lighting, and obstruction evidence. |
| Contact or no-contact crash | If there is limited physical evidence, the insurer may question whether a vehicle actually hit the pedestrian. | Medical records, road rash, clothing damage, witness statements, video, debris, paint transfer, and ambulance or police observations. |
Common Injuries in Pedestrian Hit-and-Run Accidents
Pedestrians have little protection from vehicle impact. Injuries can be severe even at lower speeds, and symptoms may change over the first several days.
Head and brain injuries
Concussions, skull fractures, dizziness, memory problems, headaches, nausea, and sensitivity to light or sound should be documented quickly.
Spine and back injuries
Neck pain, back pain, radiating symptoms, numbness, tingling, and disc injuries may require imaging, therapy, or specialist care.
Fractures and orthopedic injuries
Broken legs, hips, wrists, shoulders, ribs, ankles, and knees are common when a pedestrian is struck and thrown or knocked down.
Internal injuries
Abdominal pain, chest pain, breathing problems, dizziness, or unusual weakness after impact should be evaluated immediately.
Soft-tissue and road injuries
Lacerations, bruising, road rash, muscle tears, and ligament injuries can affect mobility and daily activities.
Emotional trauma
Being struck and left at the scene can cause anxiety, sleep problems, fear of walking, depression, and other emotional harm.
What Compensation May Include After a Pedestrian Hit-and-Run
The value of a pedestrian hit-and-run claim depends on the injuries, available insurance coverage, fault issues, treatment, lost income, and long-term effects.
| Loss Category | Examples | Helpful Proof |
|---|---|---|
| Medical expenses | Ambulance, emergency care, hospitalization, surgery, imaging, follow-up appointments, medication, physical therapy, and future care. | Medical bills, records, discharge papers, imaging reports, referrals, prescription records, and treatment plans. |
| Lost income | Missed work, reduced hours, inability to return to the same job, or reduced earning ability. | Pay stubs, tax records, employer letters, disability notes, work restrictions, and vocational records. |
| Pain and suffering | Pain, physical limitations, sleep disruption, anxiety, scarring, disfigurement, and loss of normal daily activities. | Medical records, photos, symptom logs, family observations, therapy notes, and before-and-after evidence. |
| Future care and permanent impairment | Ongoing therapy, future surgery, mobility aids, home modifications, chronic pain care, or permanent limitations. | Specialist opinions, impairment ratings, life-care planning evidence, medical opinions, and functional-limit documentation. |
| Wrongful death losses | When the pedestrian dies, surviving family members may have a wrongful death claim. | Death certificate, medical records, funeral expenses, wage records, family relationship evidence, and liability investigation. |
Common Mistakes After a Pedestrian Hit-and-Run
Assuming there is no claim
The driver may never be found, but uninsured motorist coverage or other insurance may still apply.
Waiting to request video
Businesses and private cameras may delete footage quickly. Camera locations should be identified as soon as possible.
Not getting witness information
Witnesses may leave before police arrive. Names, phone numbers, and short written notes can be valuable later.
Delaying medical treatment
Insurance companies may use treatment gaps to argue the injuries were unrelated, minor, or caused by something else.
Only checking one auto policy
Coverage may exist under the pedestrian’s policy, a spouse’s policy, a parent’s policy, or another household policy.
Giving a careless recorded statement
Your own insurer may be evaluating the uninsured motorist claim and may ask questions about fault, visibility, injuries, and damages.
Pedestrian Hit-and-Run and Accident Resources
These related pages provide more detail based on the type of claim, insurance coverage, and injuries involved.
Frequently Asked Questions About Pedestrian Hit-and-Run Accidents
What should I do first after a pedestrian hit-and-run?
Call 911, request medical help, report that the driver fled, identify witnesses, look for nearby cameras, and write down every detail you remember about the vehicle.
Can a pedestrian file a claim if the hit-and-run driver is never found?
Yes, a claim may still be possible. A pedestrian may have access to uninsured motorist coverage through their own auto policy, a household policy, or another available insurance source depending on the facts.
Does uninsured motorist coverage apply if I was walking?
It may. Uninsured motorist coverage is not always limited to people inside a vehicle. Policy language, household residency, and the relationship to the named insured can affect whether coverage applies.
What evidence helps prove a pedestrian hit-and-run case?
Helpful evidence includes a police report, witness information, camera footage, intersection photos, crosswalk location, vehicle debris, partial plate information, medical records, and insurance policy documents.
What if the insurance company says the pedestrian was at fault?
The claim may still be disputed. Evidence such as crosswalk photos, signal timing, witness statements, police diagrams, lighting conditions, and video footage can help address arguments about pedestrian fault.
What injuries are common in pedestrian hit-and-run accidents?
Common injuries include head injuries, concussions, spinal injuries, fractures, internal injuries, road rash, soft-tissue injuries, scarring, and emotional trauma.
Should I give a recorded statement to my own insurance company?
Be careful. Your own insurer may be evaluating an uninsured motorist claim and may ask questions about coverage, fault, visibility, medical treatment, and damages. Consider speaking with a lawyer before giving a recorded statement.
Questions After a Pedestrian Hit-and-Run?
If you or a loved one was hit by a driver who fled the scene, Strom Yen Injury Attorneys can review what happened, identify possible uninsured motorist coverage, and explain the next steps.
Call: (312) 609-0400
or fill out the Contact Form
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