Hit-and-Run Pedestrian Accidents in Chicago: What to Do Next

Hit-and-Run Accidents Leave Pedestrians in a Difficult Situation

Being hit by a car while walking is traumatic enough. When the driver leaves the scene, it adds confusion, anger, and fear to an already terrible situation. You are lying on the pavement, injured, and the person who did this to you is gone. You may wonder if you will ever find out who hit you and whether you can get your medical bills paid.

Hit-and-run pedestrian accidents are a serious problem in Chicago. According to data from the Illinois Department of Transportation, hundreds of hit-and-run crashes involving pedestrians occur in the Chicago area each year. Many of these drivers are eventually found. Even when they are not, injured pedestrians still have options for compensation.

Why Drivers Flee the Scene

Drivers leave the scene of a pedestrian accident for several common reasons:

• They were driving without insurance
• They were driving with a suspended or revoked license
• They were under the influence of alcohol or drugs
• They had outstanding warrants
• They panicked and made a bad decision
• The vehicle was stolen

None of these excuses reduce the driver’s legal responsibility. Leaving the scene of an accident involving injury is a felony in Illinois.

Criminal Penalties for Hit-and-Run in Illinois

Under Illinois law (625 ILCS 5/11-401), leaving the scene of an accident involving personal injury is a Class 4 felony. If the accident causes death, it is a Class 1 felony carrying up to 15 years in prison. Drivers are required to stop, provide their information, and render aid. Failing to do so is a separate criminal offense on top of any liability for the accident itself.

What to Do Immediately After a Hit-and-Run

If you are conscious and able, take these steps right after a hit-and-run pedestrian accident:

1. Call 911. This is the most important step. Tell the dispatcher a vehicle hit you and left. Request an ambulance and police.
2. Try to remember details about the vehicle. Color, make, model, license plate number (even partial), direction of travel, and any identifying features. Write these down or record a voice memo on your phone immediately, before you forget.
3. Look for witnesses. Other pedestrians, drivers, or people in nearby stores may have seen the accident. Ask if anyone got the plate number or has dashcam footage.
4. Check for cameras. Look for traffic cameras, business security cameras, or doorbell cameras pointed at the area. Tell the police about them.
5. Do not chase the vehicle. You are injured and chasing a car on foot is dangerous. Focus on getting help and gathering information.
6. Take photos. If you can, photograph the scene, any debris left by the vehicle, skid marks, and your injuries.
7. Get medical treatment. Go to the hospital. Your health comes first. Medical records also serve as evidence of your injuries.

How Police Investigate Hit-and-Run Accidents

The Chicago Police Department investigates hit-and-run accidents using several methods:

• Traffic and surveillance cameras: Chicago has one of the largest camera networks in the country. Police can review footage from traffic cameras, CTA cameras, and city-owned surveillance cameras to identify the vehicle.
• License plate readers: Automated license plate readers throughout the city can track vehicle movements. Even a partial plate can be enough to narrow down the search.
• Vehicle debris analysis: Broken headlights, mirror fragments, or paint transfers left at the scene can help identify the make and model of the vehicle.
• Witness canvassing: Officers may go door to door or check with nearby businesses to find additional witnesses or camera footage.
• Body shop tips: Police may check with auto body repair shops for vehicles matching the description that come in for repairs shortly after the accident.

If you have a lawyer, they can conduct their own investigation, hire private investigators, and put additional pressure on law enforcement to prioritize your case.

Recovering Compensation After a Hit-and-Run

Whether or not the driver is found affects how you recover compensation, but it does not mean you are out of options.

If the Driver Is Found

When police identify the driver, you can file a claim against their auto insurance. You can also file a personal injury lawsuit against the driver directly. The criminal case against the driver is separate from your civil claim, but a criminal conviction strengthens your civil case.

Hit-and-run drivers are often uninsured. If the driver has no insurance or not enough insurance, you may need to turn to your own coverage to fill the gap.

If the Driver Is Not Found

If the driver is never identified, you can still recover compensation through your own auto insurance policy. This is where uninsured motorist (UM) coverage becomes critical.

Illinois law requires auto insurance policies to include UM coverage unless you specifically reject it in writing. UM coverage pays for your injuries when the at-fault driver has no insurance or cannot be found. It can cover medical bills, lost wages, and pain and suffering, up to your policy limits.

If you do not own a car, you may be covered under a family member’s UM policy if you live in the same household. Your lawyer can review all possible sources of coverage.

Other Potential Sources of Compensation

• Crime victim compensation: Illinois has a Crime Victims Compensation Program that can help cover medical bills and lost wages for victims of violent crimes, including hit-and-run accidents.
• Government liability: If a dangerous road design, missing streetlight, or broken traffic signal contributed to the accident, the City of Chicago or another government entity may share liability.
• Third-party liability: If the driver was working at the time (making deliveries, for example), the employer may be liable.

Common Injuries in Hit-and-Run Pedestrian Accidents

Hit-and-run accidents often cause severe injuries because the driver typically does not slow down before or after impact. Common injuries include:

• Traumatic brain injuries
• Broken bones and fractures
• Spinal cord injuries and paralysis
• Internal bleeding and organ damage
• Severe lacerations and scarring
• Psychological trauma, including PTSD and anxiety

In fatal hit-and-run accidents, surviving family members can file a wrongful death claim to seek compensation for their loss.

The Importance of Acting Quickly

Time is critical in a hit-and-run case. Evidence disappears fast. Traffic camera footage may be overwritten. Witnesses move on and forget details. Vehicle damage gets repaired. The sooner you involve a lawyer, the better your chances of identifying the driver and building a strong case.

If a government entity may be involved, you face even tighter deadlines. Claims against the City of Chicago or the State of Illinois have notice requirements that are shorter than the standard statute of limitations.

Dealing With Insurance After a Hit-and-Run

Filing an uninsured motorist claim with your own insurance company is not always straightforward. Your insurance company is still a business looking to minimize payouts. They may dispute the severity of your injuries or argue you do not have enough evidence. Having a lawyer handle your insurance claim ensures you are treated fairly.

Your policy may also include medical payments coverage (MedPay), which pays for medical expenses regardless of fault. This can help cover immediate costs while your UM claim is being processed.

What Happens If the Hit-and-Run Driver Is Caught Later

Sometimes a hit-and-run driver is identified weeks or months after the accident. When this happens, you gain the option of filing a direct claim against the driver and their insurance. If you already received UM benefits from your own insurer, your insurance company may seek reimbursement from the at-fault driver’s insurer. Your lawyer can coordinate this process to make sure you get the maximum amount available.

Get Help With Your Hit-and-Run Pedestrian Accident Case

A hit-and-run accident can leave you feeling helpless. But you are not without options. An experienced attorney can investigate the crash, track down the driver, explore all sources of compensation, and fight for the money you need to recover.

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