What Is the Statute of Limitations for Pedestrian Collisions in Illinois?

The statute of limitations determines how long you have to file a lawsuit after a pedestrian collision. In Illinois, these deadlines are important because waiting too long can prevent you from recovering compensation for medical expenses, lost wages, pain and suffering, and other damages.

Because pedestrian collisions often result in serious injuries and may involve disputes over fault, understanding the applicable deadlines is critical to protecting your legal rights.

The Basic Deadline:

In Illinois, most pedestrian injury claims are subject to a two-year statute of limitations.

This generally means:

• You have two years from the date of the collision to file a personal injury lawsuit.

• The deadline typically applies whether the collision involved a car, truck, motorcycle, bus, or another vehicle.

If a lawsuit is not filed within this timeframe, you may lose your ability to pursue compensation through the courts.

Absolute Deadline:

While the standard rule is generally two years, certain circumstances can affect the timeline.

For example:

• Claims involving government vehicles or public transportation may require additional notice procedures.

• Wrongful death claims may follow separate legal timelines.

• Property damage claims may involve different deadlines.

Because every case is different, determining the applicable deadline often requires reviewing the specific facts of the collision.

Exceptions for

Illinois law includes several exceptions that may affect the statute of limitations in pedestrian collision cases:

• Minors: If the injured pedestrian is under 18 years old, the filing deadline may be extended.

• Delayed discovery: In rare situations where injuries were not immediately discovered, the filing period may begin later.

• Government entities: Collisions involving municipal vehicles, public buses, or government agencies may involve additional notice requirements and shorter deadlines.

• Wrongful death claims: Separate timelines may apply when a pedestrian collision results in death.

• Legal disability or incapacity: Certain conditions may pause or extend the statute of limitations.

These exceptions can significantly impact how much time is available to file a claim.

Why It's Critical to Act Quickly

Even if you have time to file a lawsuit, waiting can make proving your case more difficult.

Acting quickly can help preserve important evidence such as:

• Surveillance footage

• Traffic camera recordings

• Witness statements

• Vehicle damage documentation

• Police reports

• Physical evidence from the scene

Memories fade and evidence can disappear quickly, making early investigation especially important in pedestrian cases.

Get Help from an Illinois Pedestrian Collision Attorney

Pedestrian collision cases often involve serious injuries and complex liability issues, including disputes about right-of-way and comparative negligence.

At Hurley McKenna & Mertz, P.C., we help injured pedestrians understand their rights, evaluate legal deadlines, and pursue compensation against negligent drivers and other responsible parties.

Contact our Illinois pedestrian collision attorneys today for a confidential consultation and guidance on your legal options.