Pedestrian Accident Complaint - Illinois

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — ILLINOIS

IN THE CIRCUIT COURT OF THE [________________] JUDICIAL CIRCUIT

[________________] COUNTY, ILLINOIS

NOW COMES Plaintiff, [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, and complaining of Defendants, states as follows:

I. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction pursuant to article VI, § 9 of the Illinois Constitution and 735 ILCS 5/2-101, as this is a civil action for damages.

2. This Court has personal jurisdiction over Defendants under 735 ILCS 5/2-209 because each Defendant is an Illinois resident and/or committed a tortious act within Illinois giving rise to this action.

3. Venue is proper in [________________] County under 735 ILCS 5/2-101 and 5/2-102 because the transaction or occurrence out of which this cause of action arose occurred in this County and/or one or more Defendants reside or are doing business in this County.

II. PARTIES

4. At all relevant times, Plaintiff was an individual residing in [________________] County, Illinois, and was a pedestrian lawfully using the public roadways and crosswalks of this State.

5. At all relevant times, Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") was an individual residing in [COUNTY] County, Illinois, and was the operator of the motor vehicle that struck Plaintiff.

6. At all relevant times, Defendant [DEFENDANT OWNER / EMPLOYER NAME] ("Defendant Owner") was the owner of the vehicle operated by Defendant Driver and/or the employer of Defendant Driver, and is named for vicarious liability and negligent entrustment as set forth below.

III. FACTUAL ALLEGATIONS

7. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing [STREET / HIGHWAY] [within a marked crosswalk / within an unmarked crosswalk at the intersection / with the pedestrian "WALK" signal] at or near [INTERSECTION] in [CITY], [________________] County, Illinois (the "Collision").

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner, traveling [DIRECTION] on the same roadway.

9. Plaintiff was crossing with due care for his/her own safety, was visible to approaching traffic, and was crossing [within the crosswalk / with the right-of-way / in compliance with the applicable pedestrian-control signal].

10. Defendant Driver caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE: failing to stop and yield the right-of-way to Plaintiff, a pedestrian in a crosswalk / failing to keep a proper lookout / driving at a speed greater than was reasonable and proper / driving while distracted / failing to slow, stop, or take evasive action to avoid striking Plaintiff].

11. As a direct and proximate result of the Collision, Plaintiff — an unprotected pedestrian without the structural protection or restraint systems of an enclosed vehicle — was struck and thrown to the pavement and sustained severe and permanent bodily injuries, including but not limited to [DESCRIBE INJURIES — e.g., fractures, traumatic brain injury, spinal injury, internal injuries, degloving/road rash, disfiguring scarring].

12. The [Illinois State Police / Police Department / Sheriff's Office] investigated the Collision and cited Defendant Driver for violation of [TRAFFIC STATUTE — e.g., 625 ILCS 5/11-1002].

13. Plaintiff received emergency and continuing medical care at [HOSPITAL / PROVIDER] and has incurred, and will continue to incur, medical expenses, lost income, and other damages.

IV. COUNT I — NEGLIGENCE

(Against Defendant Driver)

14. Plaintiff realleges and incorporates by reference paragraphs 1 through 13 as though fully set forth herein.

15. At all relevant times, Defendant Driver owed Plaintiff a duty to operate the motor vehicle with ordinary and reasonable care, to keep a proper lookout for pedestrians, to yield the right-of-way to pedestrians in crosswalks, to obey the Illinois Vehicle Code, and to avoid creating an unreasonable risk of harm to persons lawfully using the roadway.

16. Defendant Driver breached that duty in one or more of the following respects, in that Defendant Driver:

a. Failed to stop and yield the right-of-way to Plaintiff, a pedestrian crossing within a crosswalk;

b. Failed to keep a proper and sufficient lookout for pedestrians;

c. Operated the vehicle at a speed greater than was reasonable and proper under the conditions;

d. Operated the vehicle while distracted or inattentive;

e. Failed to slow, stop, sound the horn, or take evasive action to avoid striking Plaintiff when the danger was or should have been apparent; and/or

f. Otherwise carelessly and negligently operated the vehicle.

17. As a direct and proximate result of one or more of the foregoing negligent acts or omissions, the Collision occurred and Plaintiff sustained the injuries and damages described herein.

V. COUNT II — STATUTORY VIOLATION (PRIMA FACIE EVIDENCE OF NEGLIGENCE)

(Against Defendant Driver)

18. Plaintiff realleges and incorporates by reference paragraphs 1 through 17 as though fully set forth herein.

19. At the time of the Collision, Defendant Driver violated one or more provisions of the Illinois Vehicle Code enacted for the protection of persons such as Plaintiff, including but not limited to:

• 625 ILCS 5/11-1002 (Pedestrians' right-of-way at crosswalks): when traffic-control signals are not in place or not in operation, the driver of a vehicle "shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger";
• 625 ILCS 5/11-1003.1 (Drivers to exercise due care): "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian . . . and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person";
• 625 ILCS 5/11-1004 (no overtaking and passing a vehicle stopped at a crosswalk to permit a pedestrian to cross);
• 625 ILCS 5/11-601 (Speed Restrictions); and/or
• [OTHER APPLICABLE PROVISION — verify exact section].

20. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

21. Defendant Driver's violation of these statutes is prima facie evidence of negligence under Illinois law and was a proximate cause of Plaintiff's injuries and damages.

VI. COUNT III — RESPONDEAT SUPERIOR / NEGLIGENT ENTRUSTMENT

(Against Defendant Owner)

22. Plaintiff realleges and incorporates by reference paragraphs 1 through 21 as though fully set forth herein.

23. To the extent Defendant Driver operated the vehicle within the course and scope of employment or agency with Defendant Owner, Defendant Owner is vicariously liable under the doctrine of respondeat superior for Defendant Driver's negligence.

24. In the alternative, Defendant Owner negligently entrusted the vehicle to Defendant Driver with actual or constructive knowledge that Defendant Driver was incompetent, unfit, reckless, or otherwise unsafe to operate the vehicle, and such negligent entrustment was a proximate cause of Plaintiff's injuries and damages.

VII. DAMAGES

25. Plaintiff realleges and incorporates by reference paragraphs 1 through 24 as though fully set forth herein.

26. Economic Damages. As a direct and proximate result of Defendants' conduct, Plaintiff has incurred and will incur past and future medical and rehabilitation expenses, lost wages and impaired earning capacity, and other out-of-pocket losses, in an amount to be proven at trial.

27. Noneconomic Damages. Plaintiff has suffered and will suffer disability and loss of a normal life, physical pain and suffering, emotional distress, disfigurement, and permanent impairment, in an amount to be proven at trial.

28. Plaintiff seeks damages in a sum in excess of $50,000, exclusive of interest and costs, together with costs of suit.

VIII. UNINSURED / UNDERINSURED MOTORIST AND HIT-AND-RUN NOTE

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) claim, including a hit-and-run collision. If applicable, Plaintiff asserts a claim against [UM/UIM CARRIER] under Policy No. [________], alleging that Plaintiff is an insured, that all conditions precedent have been met, and that UM/UIM benefits due and owing remain unpaid.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, and each of them, as follows:

A. Awarding compensatory damages, both economic and noneconomic, in an amount in excess of $50,000 to be proven at trial;

B. Awarding costs of suit and statutory interest as allowed by law;

C. Awarding such other and further relief as the Court deems just and proper.

X. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to 735 ILCS 5/2-1105 and article I, § 13 of the Illinois Constitution.

XI. SIGNATURE AND ATTORNEY CERTIFICATION

Pursuant to Illinois Supreme Court Rule 137, the undersigned certifies that to the best of his/her knowledge, information, and belief formed after reasonable inquiry, this Complaint is well grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME]
[LAW FIRM NAME]
ARDC No. [________]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [________]
Email: [________]
Attorney for Plaintiff

XII. SOURCES AND REFERENCES

• 735 ILCS 5/13-202 (Two-year limitation — personal injury) — https://www.ilga.gov/documents/legislation/ilcs/documents/073500050k13-202.htm
• 735 ILCS 5/2-1116 (Modified comparative fault — 51% bar) — https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K2-1116.htm
• 625 ILCS 5/11-1002 (Pedestrians' right-of-way at crosswalks) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-1002
• 625 ILCS 5/11-1003 (Crossing at other than crosswalks); 5/11-1003.1 (Drivers to exercise due care) — https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-1003-1/
• 625 ILCS 5/11-1004 (No overtaking vehicle stopped for pedestrian); 5/11-601 (Speed restrictions)
• 625 ILCS 5/1-113 (Definition of "crosswalk" — marked and unmarked)
• 215 ILCS 5/143a, 143a-2 (Uninsured/underinsured motorist coverage)
• Ill. Sup. Ct. R. 137, R. 222 — https://www.illinoiscourts.gov/
• Illinois Pattern Jury Instructions (Civil) — Motor Vehicle; IPI Civil 60.01 (statutory violation as evidence of negligence)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Illinois must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.