Parking lots might feel safer than busy roads because cars usually move more slowly, but pedestrians can still be seriously hurt if they are hit by a car, SUV, pickup truck, delivery vehicle, or rideshare driver. In Schaumburg, people often walk through parking areas at shopping centers, restaurants, grocery stores, offices, hotels, apartments, medical facilities, and other businesses.
In these places, pedestrians and vehicles are often just a few feet apart, especially when drivers are backing out, looking for parking, watching for other cars, or checking their phones or navigation systems. Pedestrians have almost no protection if a vehicle hits them, even at low speeds.
When I look into a Schaumburg parking lot pedestrian accident, I go beyond just figuring out who hit whom. I examine how the crash happened, whether the driver was paying attention, if the parking lot itself was dangerous, and if more than one person or company might be responsible.
Parking lots have their own set of risks that are different from regular roads. Drivers often back out of spaces where they can’t see well, turn across areas where people are walking, compete for parking spots, and drive between rows while pedestrians step out from between parked cars. Large SUVs, trucks, and vans can make it even harder to see, especially when backing up.
Distraction is also a big problem. A driver might be looking at their phone, typing an address into a GPS, checking a rideshare app, talking to passengers, or searching for a parking spot instead of watching for people walking. Sometimes, drivers speed up if they think someone else is about to take a parking space.
When I review these cases, I look at what the driver could see, where the pedestrian was, how fast the vehicle was going, and what the driver was doing just before the crash. These details matter, especially if an insurance company later claims the pedestrian suddenly appeared or could have avoided being hit.
Backing accidents are among the most concerning parking lot pedestrian collisions. A driver reversing from a space may be surrounded by parked vehicles that restrict visibility. Backup cameras can help, but drivers still have a responsibility to operate carefully and make sure the path behind the vehicle is reasonably clear.
These accidents are particularly dangerous for children, These types of accidents are especially dangerous for children, older adults, and people using wheelchairs or other mobility aids because drivers may not see them as easily. A pedestrian can also be hit from behind without any chance to get out of the way. I may examine the vehicle’s camera system, witness statements, photographs, video recordings, the configuration of the parking spaces, and the driver’s actions. A driver who reverses without adequately checking for pedestrians may be responsible for the harm that follows.
Many parking lots have marked crosswalks between stores and parking spaces. These markings are important because they show where people are supposed to walk and where drivers should expect to see pedestrians.
Illinois law expressly requires motorists to stop and yield to pedestrians in qualifying crosswalk situations under 625 ILCS 5/11-1002. The statute also provides that pedestrians may not suddenly enter the path of a vehicle that is so close that it presents an immediate hazard. Whether a particular provision of the Illinois Vehicle Code directly governs a privately owned parking area can depend on the location and circumstances, so I do not treat every private parking-lot collision exactly like a roadway crosswalk case.
Even if the law doesn’t settle the case on its own, a marked walkway can be strong evidence when deciding if a driver was careful enough. Drivers going into areas where people are likely to walk should always be on the lookout for pedestrians.
Insurance companies often focus on how fast the car was going in parking lot cases. They might argue that if the driver was only moving slowly, the pedestrian couldn’t have been badly hurt. But this doesn’t reflect what really happens in these accidents.
A person struck by a vehicle may first be injured by the direct impact and then suffer additional injuries when thrown or knocked onto pavement. A vehicle can also run over a person’s foot, ankle, leg, or other part of the body. Older adults may be particularly vulnerable to fractures and complications following a fall.
I regularly consider injuries such as hip and pelvic fractures, knee injuries, shoulder injuries, traumatic brain injuries, concussions, spinal injuries, herniated discs, broken wrists, leg fractures, facial injuries, and internal injuries. A seemingly low-speed impact can lead to surgery, rehabilitation, lost wages, chronic pain, reduced mobility, or permanent limitations.
Not every parking lot pedestrian claim is solely a claim against the driver. Sometimes the design or condition of the property contributes to the collision.
Under the Illinois Premises Liability Act, 740 ILCS 130/2, owners and occupiers generally owe lawful entrants reasonable care under the circumstances regarding the condition of the property and acts done or omitted on it. That does not mean a shopping center, landlord, or business automatically becomes responsible whenever someone is struck in its parking lot. There must be facts connecting the property owner or occupier’s conduct or a dangerous property condition to the accident.
For example, I may investigate whether lighting was inadequate, signs were missing or obstructed, landscaping blocked sight lines, pedestrian markings had deteriorated, traffic flow created an unreasonable danger, or another physical condition contributed to the collision. Determining whether the property owner had notice of a hazardous condition may also become an important part of the case.
Commercial activity is common in Schaumburg parking lots. Delivery vans, food-delivery drivers, Uber and Lyft vehicles, contractors, taxis, and company vehicles frequently travel through areas filled with pedestrians.
If the driver who hits a pedestrian is working at the time, I investigate much more than the driver’s personal automobile insurance. Depending on the facts, an employer, commercial insurer, delivery company, or rideshare insurance policy may become relevant.
The driver’s exact activity at the moment of the collision matters. A rideshare driver’s insurance situation, for example, can depend on whether the driver was offline, waiting for a request, traveling to pick up a passenger, or carrying a passenger. Preserving electronic records can therefore be important in determining which insurance coverage may apply.
Parking lots often have something that roadway accident scenes do not: multiple nearby businesses with security cameras. Video may show the pedestrian’s path, the driver’s speed, whether brake lights activated, where the driver was looking, how long the pedestrian was visible, and the exact point of impact.
The problem is that surveillance footage may not be kept indefinitely. A store or property manager may routinely record over older video unless it is preserved quickly.
When I investigate a parking lot pedestrian accident, identifying nearby cameras is one of the first issues I consider. Cameras may belong to the business where the accident occurred, adjoining businesses, parking garages, apartment buildings, security systems, or even vehicles equipped with dash cameras.
Pedestrian cases frequently produce arguments about comparative fault. The driver’s insurer may claim that the pedestrian stepped from between cars, was looking at a phone, walked outside a marked pedestrian area, wore dark clothing, or failed to pay sufficient attention.
Illinois follows a modified comparative fault system. Under 735 ILCS 5/2-1116, a plaintiff whose contributory fault is more than 50 percent of the proximate cause of the injury is barred from recovery. If the plaintiff is 50 percent or less at fault, compensation may still be recovered, but damages are reduced according to the percentage of fault assigned to the plaintiff.
That makes disputed fault especially important. If an insurer tries to assign 20, 40, or 51 percent of the responsibility to the pedestrian, that allegation can substantially affect the claim. I examine the physical evidence rather than simply accepting an insurance adjuster’s interpretation of what occurred.
A serious pedestrian injury can affect nearly every aspect of a person’s life. Medical bills may begin with an ambulance ride and emergency treatment but continue with surgery, physical therapy, diagnostic imaging, pain management, follow-up appointments, and future medical care.
I may pursue compensation for past and future medical expenses, lost income, diminished earning capacity, pain and suffering, disability, disfigurement, and other legally recoverable damages supported by the evidence. Severe injuries may also require home assistance, mobility equipment, additional treatment, or changes to the person’s ability to work and live independently.
The value of a case should therefore not be based simply on the initial hospital bill. I look at how the injury affects the person’s health, employment, daily activities, independence, and future.
Evidence in these cases can disappear surprisingly quickly. Vehicles are repaired, surveillance video can be overwritten, skid or tire marks disappear, witnesses become harder to locate, and a dangerous parking lot condition may be repaired or altered.
I want photographs of the location, the vehicle, surrounding signs, pavement markings, lighting, crosswalks, sight obstructions, and other relevant conditions. I also want to know whether there were witnesses, security personnel, incident reports, police records, 911 calls, commercial driving records, or electronic evidence.
Illinois generally provides two years to commence an action for damages for personal injury under 735 ILCS 5/13-202, although different facts can affect deadlines and claims involving certain defendants can present additional requirements. Waiting until a deadline approaches is rarely helpful. The sooner I can investigate what happened, the better opportunity I have to preserve the evidence needed to establish responsibility and document the full consequences of the injury.
If you were struck by a vehicle while walking through a parking lot, I want to determine why the collision happened rather than allowing an insurance company to decide the facts for you. A parking lot pedestrian accident can involve a negligent driver, a commercial vehicle, a rideshare company, a dangerous property condition, or several overlapping issues. I can investigate available surveillance footage, witness accounts, vehicle evidence, insurance coverage, property conditions, and the medical consequences of your injuries while pursuing the compensation Illinois law permits.
At SJ INJURY LAW, I represent people injured in pedestrian accidents and other serious personal injury cases in Schaumburg, Chicago, Arlington Heights, Buffalo Grove, Des Plaines, Mount Prospect, Northbrook, Palatine, Prospect Heights, Wheeling, Park Ridge, Rosemont, Glenview, and communities throughout Illinois. Whether you were hit while walking toward a store, crossing a parking aisle, loading groceries, returning to your vehicle, or passing behind a vehicle that suddenly backed up, the details of what happened deserve a careful investigation.
Call our Schaumburg accident injury attorney at SJ INJURY LAW at (847) 434-3555 to receive your free consultation. I can review how your parking lot pedestrian accident occurred, identify the parties and insurance coverage that may be responsible, preserve important evidence, and pursue compensation for the injuries and losses the collision has caused.
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