Taking Legal Action After a Pedestrian Hit-and-Run Accident

 Posted on July 13, 2026 in Personal Injury

When a pedestrian is struck head-on by a car, the damage is often devastating. Lifelong, catastrophic injuries are common outcomes in these cases, sometimes resulting in fatalities. To make a bad situation even worse, a driver may flee the scene in panic, leaving the victim to cover his or her own damages. When a driver refuses to take accountability, the assistance of a Joliet, IL car accident lawyer can be invaluable.

At Schwartz Injury Law, we have secured six-figure settlements and verdicts through detailed investigations and strong advocacy. If you have been struck directly by another vehicle in a hit-and-run, we will do everything we can to help you get payment, up to and including going to trial.

What Should You Do After a Pedestrian Hit-and-Run in 2026?

A hit-and-run is frightening, especially when you are the one lying on the pavement. Your first priority should be to protect your own health. Moving too much after a crash can make a hidden injury worse, so wait for help unless you are in immediate danger. 

If you are able, try to get the license plate of the car that hit you. Even a partial plate number can help police track down the driver later. Note the color, make, and model of the vehicle if you can, along with the direction it drove away in. Small details like a dented bumper or a cracked headlight can be more helpful than you expect. While you are still at the scene of the accident, call 911 or ask someone to call for you to make sure the description is passed on to police.

Once the scene has settled, go to a hospital, even if you feel fine. Adrenaline can hide pain for hours after a wreck. Internal injuries, fractures, and head trauma do not always show symptoms right away. A doctor's exam creates a medical record tying your injuries to the crash date, which can matter later if you file a claim. Waiting too long to seek care can give an insurance company a reason to argue that something else caused your injuries.

How Can Witness Statements Help With a Pedestrian Accident Claim?

After a hit-and-run accident, you may face resistance from the insurance company when you try to pursue compensation. Oftentimes, insurers will not accept your version of events without strong supporting evidence. Witnesses can fill that gap. A person who saw the crash can describe the speed of the vehicle, whether the driver ran a red light, and whether you had the right of way in the crosswalk. These details can support your version of events when an insurance company tries to shift blame onto you.

Witness statements are strongest when collected quickly. If you are able, ask nearby witnesses for their names and phone numbers before they leave. Police officers responding to the crash will also gather statements as part of their report. A personal injury lawyer can later track down witnesses, request traffic camera footage, and compare accounts to build a clear picture of the crash.

Does Uninsured Motorist Coverage Apply Outside of Your Vehicle in Illinois?

Many people assume uninsured motorist coverage only protects them while they are driving. That is not the case in Illinois. Uninsured motorist coverage under your own auto policy can apply even if you were walking, biking, or standing on a sidewalk when you were hit. Illinois law defines a hit-and-run driver as an uninsured motorist for coverage purposes, since the driver cannot be identified and no insurance information is available (215 ILCS 5/143a).

This coverage exists because pedestrians are left with no way to recover damages from a driver who fled the scene. Instead of chasing down a driver who may never be found, you can file a claim through your own insurer. The insurer stands in the shoes of the missing driver for purposes of compensation. A claim still requires proof of what happened, so the evidence you gather right after the crash, along with any witness statements, plays a large role in how your claim is handled.

What Kind of Injuries Can a Pedestrian Accident Cause?

Pedestrians have no protection when a vehicle strikes them. There is no seatbelt, no airbag, and no metal frame to absorb the impact. Because of this, pedestrian accidents often cause injuries more severe than those seen in typical car crashes. Some of these injuries can change a person's life permanently. Common injuries from pedestrian accidents include the following.

• Broken bones, including fractures to the legs, hips, and pelvis 

• Traumatic brain injuries from striking the head on the vehicle or pavement 

• Spinal cord injuries that can lead to partial or full paralysis 

• Internal bleeding and organ damage

• Severe road rash and deep lacerations 

• Torn ligaments and joint damage requiring surgery

Catastrophic injuries like these often require long hospital stays, multiple surgeries, and months of physical therapy. Some victims never fully recover and are left with permanent disabilities. Our firm can give you an estimate of the value of your claim, taking present and future losses into account.

Are Punitive Damages Available in a Pedestrian Hit-and-Run Accident?

Most compensation in a car-pedestrian accident claim covers actual losses, such as medical bills, lost wages, and pain and suffering. Punitive damages work differently. They are not meant to reimburse the victim for a specific loss. Instead, they are meant to punish a defendant for conduct that goes beyond ordinary carelessness.

In Illinois, punitive damages are only available in limited situations, and a court will look closely at the facts before allowing them. Fleeing the scene of a crash, especially one involving a pedestrian, can be viewed as a serious act of disregard for another person's safety. This may allow for punitive damages. 

Whether punitive damages apply in a specific case depends on the details of the crash and the conduct of the driver, if that driver is ever identified. A lawyer can review the facts of your case and explain whether pursuing punitive damages may be appropriate.

Contact Our Joliet, IL Personal Injury Attorneys

A pedestrian hit-and-run can leave you with mounting medical bills and unanswered questions. You do not have to sort through this alone. Contact our Kendall County, IL pedestrian accident lawyers at Schwartz Injury Law to talk about what happened and what your options may be. Call 708-888-2160 today to schedule a free consultation.