Pedestrian Accidents Involving Children in Chicago

Children Face Greater Risks as Pedestrians

Children are among the most vulnerable pedestrians on Chicago streets. They are smaller, harder for drivers to see, and less able to judge traffic speed and distance. A child may dart into the street without warning or fail to understand what a traffic signal means. When a vehicle strikes a child, the injuries are often severe or fatal.

If your child was hurt in a pedestrian accident in Chicago, you have the right to seek compensation from the driver or other responsible parties. Illinois law provides strong protections for injured children and their families.

Why Children Are at Higher Risk

Several factors make children more likely to be involved in pedestrian accidents:

• Size: Children are shorter than adults. Drivers may not see them, especially when backing up or when parked cars block the view.
• Impulsive behavior: Young children act on impulse. They may chase a ball, run to a friend, or bolt across a street without checking for traffic.
• Limited understanding of traffic: Children under age 10 often cannot accurately judge how fast a car is moving or how far away it is.
• Lack of experience: Children have not had years of practice as pedestrians. They may not know traffic rules or understand the danger of certain situations.

Because of these factors, drivers have a heightened duty of care around children. Illinois law recognizes that drivers should exercise extra caution in areas where children are likely to be present, such as near schools, parks, and residential neighborhoods.

Common Causes of Child Pedestrian Accidents

Accidents Near Schools

School zones are supposed to be safe. Speed limits drop to 20 mph, crossing guards are stationed at busy intersections, and signs warn drivers to watch for children. But accidents still happen. Drivers who speed through school zones, ignore crossing guards, or fail to stop for school buses put children at serious risk.

Residential Street Accidents

Many child pedestrian accidents happen on residential streets. Children playing in front yards or walking between parked cars can step into the road unexpectedly. Drivers who speed through neighborhoods or fail to watch for kids are often at fault.

Driveway and Parking Lot Backover Accidents

Backover accidents happen when a driver reverses without seeing a child behind the vehicle. These accidents frequently occur in driveways, parking lots, and apartment complexes. Larger vehicles like SUVs and trucks have bigger blind spots, making backovers more likely.

Ice Cream Trucks and Other Attractions

When children hear an ice cream truck, they often run toward it without thinking about traffic. Illinois law (625 ILCS 5/11-1425) requires drivers approaching a stopped ice cream truck to slow down and watch for children. Drivers who fail to do so and hit a child face both criminal penalties and civil liability.

Who Is Liable When a Child Is Hit by a Car?

In most cases, the driver bears primary liability. Illinois law imposes a higher duty of care on drivers when children are present. Courts recognize that children cannot be held to the same standard of care as adults. A driver who hits a child will find it very difficult to blame the child for the accident.

The Driver

A driver who was speeding, distracted, failed to yield, or was under the influence is clearly negligent. Even if a child ran into the street, the driver may still be liable if they were not exercising the extra caution required around children.

The City of Chicago

If the accident was caused by a dangerous road condition, missing crosswalk, broken traffic signal, or lack of school zone signage, the City of Chicago may share liability. Claims against the city have strict notice deadlines, so it is important to act quickly.

Property Owners

If a child was hit in a parking lot or private road, the property owner may be liable if they failed to maintain safe conditions, such as adequate lighting, speed bumps, or clear sightlines.

Comparative Fault for Older Children

Illinois uses a modified comparative negligence standard. For older children and teenagers, a court may consider whether the child was partly at fault. But the standard applied to children is what a reasonable child of the same age, intelligence, and experience would do. This is a much lower bar than the adult standard. For very young children, courts generally do not assign any fault.

Injuries Children Suffer in Pedestrian Accidents

Because of their size, children often suffer more severe injuries than adults in the same type of accident. Common injuries include:

• Traumatic brain injuries, which can affect cognitive development and learning
• Broken bones, particularly in the legs, arms, and skull
• Internal organ damage
• Spinal cord injuries
• Facial injuries and scarring
• Emotional and psychological trauma, including PTSD, nightmares, and fear of being outside

A child’s injuries may also have long-term consequences that are not immediately apparent. A brain injury in a young child may not show its full impact until years later when the child struggles in school. Broken growth plates can cause uneven limb growth. These future effects must be accounted for in any legal claim.

Compensation Available for Injured Children

When a child is injured in a pedestrian accident, the family can seek compensation for:

• All medical expenses, including emergency treatment, surgery, hospitalization, and physical therapy
• Future medical costs for ongoing care, additional surgeries, or therapy
• Pain and suffering the child has endured
• Emotional distress and psychological treatment
• Loss of normal childhood activities and enjoyment of life
• Permanent scarring or disfigurement
• Future lost earning capacity if the injuries affect the child’s ability to work as an adult

Parents can also seek compensation for their own losses, including medical bills they have paid, time missed from work to care for the child, and their own emotional distress from seeing their child injured.

Court Approval of Settlements for Minors

In Illinois, any settlement on behalf of a minor must be approved by a judge. This is to make sure the settlement is fair and in the child’s best interest. The funds are typically held in a protected account until the child turns 18. An experienced attorney can guide you through this process.

What to Do If Your Child Is Hit by a Car

1. Get medical help immediately. Call 911. Even if your child appears okay, children may not be able to communicate the extent of their injuries.
2. Do not move your child unless they are in immediate danger of being hit again. Moving an injured child could worsen spinal or neck injuries.
3. Call the police. A police report documents the scene and the driver’s information.
4. Collect evidence. If possible, photograph the scene, vehicle, and your child’s visible injuries. Get witness contact information.
5. Follow up with medical care. Take your child to their pediatrician and any recommended specialists. Keep records of every appointment and expense.
6. Do not speak with the driver’s insurance company. They will try to minimize the claim. Let your attorney handle those conversations.
7. Contact a personal injury lawyer who handles child pedestrian accident cases. Time limits apply, and early investigation is critical.

Statute of Limitations for Child Injury Claims

In Illinois, the statute of limitations for personal injury is generally two years. But for minors, the clock does not start running until the child turns 18. This means a child has until their 20th birthday to file a lawsuit. However, waiting that long is not advisable. Evidence fades, witnesses forget details, and video footage gets deleted. Filing sooner leads to stronger cases.

If a government entity is responsible for the accident, notice requirements are much shorter. You may need to file a notice within one year. An attorney experienced in car and vehicle accident claims can make sure you meet all deadlines.

Protecting Your Child’s Future

A pedestrian accident can change a child’s life forever. It can affect their education, their physical development, and their emotional well-being. You deserve a legal advocate who understands what is at stake and will fight for the resources your child needs to recover and thrive.

Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.