Pedestrian fatalities have risen sharply in Illinois and nationwide. High-hood vehicles, including large SUVs and pickup trucks, are a growing safety concern. Their elevated front ends create larger blind spots and increase the severity of pedestrian injuries. Collisions with these vehicles often result in catastrophic or fatal outcomes. These incidents raise important legal questions about whether vehicle height and design may be considered safety defects under Illinois law.
Hess Injury Law Firm represents families in Hoffman Estates and across Illinois in wrongful death and catastrophic pedestrian injury cases. The firm is experienced in handling complex legal issues involving high-hood vehicle accidents, product liability, and wrongful death claims. When vehicle design contributes to a fatal pedestrian accident, multiple parties, such as manufacturers and drivers, may be held responsible.
The Rising Danger of High Hood Vehicles
Large SUVs and pickup trucks are increasingly popular in Illinois, including suburban areas such as Hoffman Estates, Schaumburg, Palatine, and Arlington Heights. These vehicles sit higher off the ground and have taller front ends. While drivers may see benefits, these designs significantly increase the risk of serious injury or death for pedestrians. Additionally, when a collision occurs, the higher impact point often results in more severe injuries. Instead of being pushed onto the hood of a vehicle, pedestrians may be struck in the torso or head, increasing the likelihood of fatal injuries.
These design issues have prompted greater scrutiny of vehicle safety standards and potential product liability claims.
When Vehicle Design Becomes a Safety Defect
Under Illinois product liability law, manufacturers may be held responsible for injuries caused by defective vehicle design. A design defect claim may arise when a product is unreasonably dangerous and causes injury during normal use.
Illinois courts recognize product liability claims under 735 ILCS 5/2-621, which allows claims against manufacturers, distributors, and sellers when defective products cause injury or death. In pedestrian accident cases involving high-hood vehicles, families may pursue claims based on:
- Dangerous vehicle design
- Inadequate visibility
- Lack of pedestrian safety features
- Failure to warn consumers of risks
These claims often require expert analysis and accident reconstruction. Attorneys collaborate with engineering experts to assess vehicle design and determine if a defect contributed to the accident.
Driver Negligence and High Hood Vehicles
Even when vehicle design contributes to a fatal accident, driver negligence may also play a role. Illinois law requires drivers to exercise due care to avoid striking pedestrians. Under 625 ILCS 5/11-1003.1, drivers must exercise caution when approaching pedestrians and yield when required.
Drivers of high-hood vehicles must exercise extra caution due to reduced visibility. Failing to check blind spots, speeding, or driving while distracted can increase liability.
Multiple Parties May Be Held Responsible
Fatal pedestrian accidents with high-hood vehicles often involve several liable parties, including manufacturers, drivers, employers, and others. Identifying all responsible parties is essential to maximizing compensation.
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. Compensation may be reduced if the pedestrian is partially at fault. If the fault exceeds fifty percent, recovery may be barred. Insurance companies often attempt to shift blame in these cases. Early legal investigation helps counter these arguments.
Illinois Wrongful Death Laws and Pedestrian Fatalities
When a pedestrian is killed in a high-hood vehicle accident, families may pursue compensation under the Illinois Wrongful Death Act (740 ILCS 180/1). This law allows surviving family members to seek compensation for loss of companionship, financial support, and emotional suffering.
Additionally, the Illinois Survival Act (755 ILCS 5/27-6) allows recovery for damages experienced by the deceased person prior to death. These may include medical expenses, pain and suffering, and lost income.
These claims allow families to pursue full compensation.
Statute of Limitations in Illinois
Illinois generally provides a two-year statute of limitations for wrongful death claims under 735 ILCS 5/13-209. Product liability claims may also be subject to additional deadlines. Missing these deadlines may prevent recovery.
Prompt legal action preserves evidence and protects family rights.
The Importance of Early Investigation
High-hood vehicle cases require a thorough investigation. Evidence such as vehicle measurements, crash reconstruction, surveillance footage, and witness statements can be lost quickly if not preserved.
Experienced attorneys act quickly to secure evidence and build strong claims.
Why Experience Matters in High Hood Vehicle Cases
These cases involve complex legal issues, such as product liability, negligence, and wrongful death. Experienced attorneys know how to navigate these challenges and pursue maximum compensation.
Hess Injury Law Firm has extensive experience with serious injury and wrongful death cases in Illinois. The firm partners with experts to investigate accidents and identify all responsible parties.
Why Choose Hess Injury Law Firm
Hess Injury Law Firm is committed to assisting families after catastrophic pedestrian accidents. Founder Matt Hess has managed thousands of insurance claims and hundreds of lawsuits over sixteen years. Before practicing law, he worked for a major insurance company and gained insight into how insurers minimize payouts.
Matt Hess has earned recognition as a Super Lawyer and Rising Star from 2017 through 2024. He has also provided pro bono service through the Northwest Suburban Bar Association and served as Pro-Bono Committee Chairman. As a lifelong Hoffman Estates resident, he is deeply connected to the local community.
The firm provides personalized representation and strong advocacy for families.
What Happens When Families Call Hess Injury Law Firm
When families contact Hess Injury Law Firm, they receive a detailed case evaluation. The firm reviews liability, assesses damages, and explains the legal process, providing clear guidance and support.
This consultation offers valuable insight into next steps and potential claims.
Families may recover compensation for financial losses, emotional suffering, loss of companionship, and other damages recognized by Illinois law. Each case requires careful evaluation to determine its full value.
Accident Claim Frequently Asked Questions
Can Vehicle Height Really Be Considered A Safety Defect?
Yes. If vehicle design creates unreasonable danger and contributes to injury, manufacturers may be held liable under Illinois product liability law.
Who Can Be Held Responsible For A Pedestrian Fatality?
Responsible parties may include drivers, manufacturers, employers, and other negligent parties.
How Soon Should Families Contact A Lawyer?
Families should contact an attorney as soon as possible to preserve evidence and protect rights.
What Compensation Is Available?
Compensation may include financial losses, emotional damages, and wrongful death damages.
How Long Do These Cases Take?
Timelines vary depending on complexity and whether litigation is required.
Call Hess Injury Law Firm Today For A Free Initial Consultation
Families facing the loss of a loved one deserve experienced legal representation. Hess Injury Law Firm is available 24-7 to provide free consultations. The firm represents clients throughout Hoffman Estates, Schaumburg, Palatine, Rolling Meadows, Elk Grove Village, Streamwood, Hanover Park, Inverness, Arlington Heights, and East Dundee.
Hess Injury Law Firm is committed to holding negligent parties accountable and pursuing full compensation for families. Contact our Hoffman Estates car accident attorney by calling (847) 708-4377 to receive your free consultation. Be sure to read our client reviews.
