Who Can Be Liable When a Pedestrian Is Killed in a Car Accident?

 Posted on August 28, 2026 in Wrongful Death

Several parties can potentially be liable when a pedestrian is killed in a car accident. This includes the driver who hit them, a government entity responsible for dangerous road conditions, or even a vehicle manufacturer if a defective part contributed to the crash.

If your family is facing this tragedy in 2026, our Chicago personal injury lawyers can help you understand your legal options. At Winters Salzetta O'Brien & Richardson, LLC, we have experience with wrongful death claims, holding at-fault parties responsible for their carelessness.

What Duty Does a Driver Owe to Pedestrians in Illinois?

Under 625 ILCS 5/11-1002, drivers have specific duties when traffic signals aren't in place or aren't working. A driver must stop and yield to a pedestrian in a crosswalk. This applies when the pedestrian is on the driver's half of the roadway, or approaching closely enough from the other half to be in danger. The law also says a pedestrian cannot suddenly step into the path of a vehicle that is too close to stop safely.

Drivers also have a general duty to use reasonable care to avoid harming pedestrians. A driver may be liable when speeding, distraction, failure to keep a proper lookout, or other careless driving contributes to a pedestrian's injuries or death.

Can a Driver Be Liable Even Outside a Crosswalk?

Drivers have specific duties at crosswalks. They generally owe a broader duty to drive safely and watch for pedestrians throughout their entire route, though. This applies to more than just designated crossing points. A driver who strikes a pedestrian crossing mid-block can still be held liable if their driving fell below a reasonable standard of care. This is also true for someone walking along the shoulder of a road.

The absence of a crosswalk doesn't automatically shield a driver from responsibility because of this. The underlying question remains whether the driver acted with reasonable care given the circumstances they faced.

Can a Government Entity Be Held Responsible for a Pedestrian Death?

A dangerous road condition can sometimes play a part in a pedestrian accident. This might include a broken traffic signal or another unsafe condition that a public entity is responsible for. Whether the government can be held liable depends on the facts of the case and the protections Illinois law gives to government entities.

Claims involving public entities can also have shorter filing deadlines than ordinary personal injury or wrongful death claims. For example, under 745 ILCS 10/8-101, you generally only have one year to file many civil claims against local public entities or their employees. This deadline starts from the date of the injury. Because of this short window, it's important to identify possible government liability early.

What Role Can a Vehicle Manufacturer Play in a Pedestrian Death?

A defect in the vehicle itself might have contributed to the accident. This could include faulty brakes or a malfunctioning steering system. If so, the manufacturer of that vehicle or its parts could potentially share liability alongside the driver. This type of claim requires proving the defect existed and directly contributed to the driver's inability to avoid the pedestrian.

These cases often require specialized investigation and expert testimony. This helps establish the connection between the defect and the fatal accident, making them more complex than a standard driver negligence claim.

What Evidence Helps Establish Liability in Pedestrian Death Cases?

Building a strong wrongful death claim after a pedestrian fatality requires gathering specific evidence establishing fault. Helpful evidence includes:

• The police accident report, including any citations issued to the driver
• Witness statements from anyone who saw the accident occur
• Traffic camera or surveillance footage capturing the incident
• Cell phone records showing whether the driver was distracted
• Vehicle inspection records if a mechanical defect is suspected

Some evidence, like surveillance footage, may only be available for a limited time before it's deleted or overwritten. So, take action as soon as possible.

What Compensation Can Families Recover in Pedestrian Death Cases?

Illinois law allows different types of claims after a fatal pedestrian accident. Under the Illinois Wrongful Death Act, 740 ILCS 180/2, a personal representative may seek damages for the benefit of the surviving spouse and next of kin. These damages can include loss of financial support, loss of companionship and society, and grief, sorrow, and mental suffering.

Other damages may be available through separate claims. For example, under the Illinois Survival Act, 755 ILCS 5/27-6, the deceased person's estate may be able to recover damages the person could have pursued if they had survived, including conscious pain and suffering before death when supported by the evidence. Funeral and burial expenses may also be recoverable through the appropriate estate or family-expense claim.

Schedule a Free Consultation With Our Chicago, IL Wrongful Death Attorneys

Our award-winning attorneys have been fighting for accident victims since 1997, bringing decades of experience to every case we handle. We understand the profound grief that comes with losing a loved one this way, and we're committed to helping your family find accountability and justice.

Contact Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 to talk to our Chicago personal injury lawyers today.