Wrongful Death Claims After Pedestrian and Bicycle Fatalities in Illinois

Last Updated: October 29, 2026

A wrongful-death action is brought by the personal representatives under 740 ILCS 180/2(a). The recovery is for the surviving spouse and next of kin. 625 ILCS 5/11-1002 states when a driver must stop and yield at a crosswalk. 625 ILCS 5/11-1003.1 requires due care toward a pedestrian or a person riding a bicycle.

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Wrongful Death Claims After Pedestrian and Bicycle Fatalities in Illinois

Families pursuing a wrongful death claim after a pedestrian or bicycle fatality still follow the personal-representative framework in section 180/2(a). The amount recovered is for the exclusive benefit of the surviving spouse and next of kin, except as the section otherwise provides. The jury may award fair and just compensation with reference to the pecuniary injuries, including grief, sorrow, and mental suffering.

Why Pedestrian and Bicycle Fatality Cases Are Different

When traffic signals are not in place or not in operation, section 11-1002(a) says the driver shall stop and yield to a pedestrian crossing within a crosswalk when the pedestrian is on the driver’s half of the roadway, or is approaching so closely from the opposite half as to be in danger. Subsection (b) says no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to be an immediate hazard.

Section 11-1003.1 says that, notwithstanding other provisions of the Code or a local ordinance, every driver shall exercise due care to avoid colliding with any pedestrian or any person operating a bicycle and shall give warning by sounding the horn when necessary. Under 625 ILCS 5/11-703(d), a motorist overtaking a bicycle traveling in the same direction on a highway must change into another available lane traveling in that direction when practicable, lawful, and safe in the traffic conditions. The motorist must also leave a safe passing distance of at least three feet and maintain it until safely past the bicycle. Instruction 60.01 says that if the jury decides a person violated a statute, the jury may consider that fact with the other evidence in determining whether and to what extent the person was negligent. The comment says a violation is not negligence per se. Proximate cause remains separate.

Common Causes of Fatal Pedestrian and Bicycle Accidents

A case may examine whether a driver failed to yield, made an unsafe turn, was distracted, drove too fast for conditions, or was impaired. Those possibilities must be tested against the evidence rather than assumed from the fatality. The death claim still has to prove the conduct and proximate cause. A traffic violation is one fact the jury may consider under Instruction 60.01. It does not by itself decide the claim.

Building the Wrongful Death Case

Traffic camera footage, dashcam video, witness observations, and phone or dispatch records can be part of the evidence in a wrongful death case if they exist. Accident reconstruction and toxicology results may also be relevant when the facts support them. None of those items replaces proximate cause.

Comparative Fault Challenges

Subsection (h) of section 180/2 first applies the decedent’s contributory fault under 735 ILCS 5/2-1116. Recovery is barred if that fault is more than 50 percent of the proximate cause, and otherwise it is diminished in proportion. Section 11-1003.1 still requires due care toward any pedestrian or person operating a bicycle, notwithstanding other provisions of the Code.

For the broader lawsuit framework, see our guide to filing a wrongful death lawsuit in Illinois, including who can sue, deadlines, damages, and how the case moves through court.

Frequently Asked Questions

Can families file a wrongful death claim after a pedestrian is killed by a car in Illinois?

The personal representatives bring the action. The beneficiaries are the surviving spouse and next of kin, except as the section otherwise provides. A particular driving act still has to be proved, along with proximate cause.

What damages are available in a fatal bicycle accident wrongful death case?

Depending on the evidence and the beneficiaries, wrongful death damages may include lost financial support and services, loss of society or companionship, and grief, sorrow, and mental suffering. The financial loss concerns contributions the cyclist likely would have made, rather than an automatic award of all future income. Proved injuries before death may support a separate estate survival claim. Medical, funeral, and burial expenses require the appropriate estate or family-expense claim, proof of responsibility or incurrence, and no double recovery; funeral costs are not simply part of the beneficiaries’ wrongful death loss. Subsection (a) does not state a dollar cap on the ordinary compensatory award. Subsection (c) has specific limits where there is no surviving spouse or next of kin entitled to recover.

Does Illinois comparative fault apply to fatal pedestrian accidents?

Yes. Subsection (h) applies the decedent’s contributory fault under section 2-1116. Fault of more than 50 percent bars recovery. Fault that is not more than 50 percent diminishes the recovery in proportion.

Dealing with injuries after a car crash can feel overwhelming. Our personal injury lawyers who handle car accident cases can guide you through every step of the legal process.

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