Wrongful Death Lawsuits After Fatal Pedestrian Accidents

 Posted on August 19, 2026 in Wrongful Death

When a negligent driver hits a pedestrian, the injuries can be severe or even fatal. Losing a loved one in a pedestrian accident can be devastating for a family. Depending on the size of the vehicle, the speed at which the collision occurred, and the victim’s health, the crash could even be fatal. Dealing with that loss is a horrible ordeal for surviving families to go through. With the help of a Rockford, IL wrongful death attorney, families can pursue accountability against the driver at fault.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we have the resources and experience to carefully investigate serious car accidents, including fatal pedestrian accidents. We have recovered millions of dollars for our clients through successful verdicts and settlements, and we approach each case with care, thorough preparation, and strong advocacy.

How Do You Prove That a Driver Was at Fault for a Pedestrian Accident in Illinois?

Proving fault in a fatal pedestrian accident takes solid evidence. Police reports are often the starting point. An officer who responds to the scene will note witness statements, road conditions, and any citations issued to the driver. This report can point to speeding, distracted driving, failure to yield, or other unsafe conduct.

Traffic camera footage and nearby surveillance video can also show what happened in the moments before the crash. Many drivers now have dash cameras, and businesses near the crash site may have outdoor cameras that captured the collision. This footage can confirm details that a police report cannot fully explain.

Witness statements carry weight as well. A person who saw the crash can describe the driver's speed, whether the pedestrian had the right of way, and how the driver reacted afterward. Cell phone records and other digital evidence may help show whether the driver was wrongfully using a phone at the time of the crash. Expert witnesses like accident reconstruction experts can also help explain how the crash happened. These professionals study skid marks, vehicle damage, and the final position of the vehicle and pedestrian to explain how the crash occurred.

Who Can Benefit From a Wrongful Death Claim in Illinois?

A wrongful death claim allows certain family members to seek compensation after a fatal pedestrian accident. Under Illinois law, compensation is for the surviving spouse and next of kin (740 ILCS 180/2). If the deceased person had no spouse or children, the next of kin may include children, parents, or other close relatives.

The personal representative of the deceased person's estate typically files the wrongful death claim on behalf of these family members. This representative might be named in a will, or the court can appoint someone to serve in this role. The representative gathers evidence, works with an attorney, and pursues the claim through settlement or, if needed, at trial.

If more than one family member can receive compensation, the court may decide how the money should be divided based on how much each person depended on the deceased person.

What Damages Can a Fatal Pedestrian Accident Claim Account For?

A wrongful death claim can include several types of losses suffered by the surviving family. These damages cover both the financial and personal impact of losing a loved one. An attorney can review the specific facts of your case to determine which damages apply and how to properly calculate their value.

• Lost income and benefits the deceased person would have earned
• Loss of companionship, guidance, and support
• Grief and sorrow experienced by surviving family members
• Loss of the deceased person's household services

Every family's situation is different, so the value of a claim depends on the specific circumstances involved. An experienced attorney can help gather financial records, medical documentation, and other evidence needed to support each type of damage claimed.

What Mistakes Should I Avoid in a 2026 Wrongful Death Claim?

One common mistake is waiting too long to gather evidence. Physical evidence like camera footage or debris should be secured as soon as possible. The same goes for witness contact information from anyone at the scene of the crash. Acting fast can help preserve important details that support your claim.

Another mistake is speaking with the insurance company without legal advice. Be careful when speaking with an insurance company after a fatal accident. What you say about the crash could affect the claim. It may be helpful to speak with an attorney before giving a detailed or recorded statement.

Accepting a quick settlement offer can also hurt your case. An insurance company may make a quick settlement offer before the family understands the full value of the claim. A settlement that seems fair at first may not cover long-term financial needs. Some families also underestimate the value of future losses. A wrongful death claim should account for income the deceased person would have earned over the years, not just current expenses.

Is There a Time Limit on Wrongful Death Claims in Illinois?

Illinois law limits how long a family has to file a wrongful death claim. Most wrongful death claims must be filed within two years of the date of death. Missing this deadline can prevent a family from recovering compensation altogether, no matter how strong the case may be.

The deadline can be extended to five years if the death was caused by "violent intentional conduct." If the driver was charged with reckless homicide, the family may have one year after the criminal case ends to file a wrongful death claim against the driver.

It is best to speak with an injury attorney soon after a fatal pedestrian accident to understand when the statute of limitations takes effect and how long you have to file a claim. Acting early gives your legal team time to investigate, gather evidence, and build the strongest possible claim before time runs out.

Contact Our Winnebago County, IL Pedestrian Accident Attorneys

Losing a family member in a pedestrian accident is a painful experience that can leave lasting financial and emotional strain. At Mannarino & Brasfield, A Division of Schwartz Jambois, we understand how much is at stake for grieving families, and we are ready to help you understand your legal options and seek compensation for your loss.

Contact our Winnebago County, Illinois wrongful death lawyers or call 815-215-7561 to set up your free initial consultation today. We take cases on a contingency fee basis, so you will not pay any fees unless we win.