Pedestrian accidents can be devastating to victims – especially when the negligent party is a motorist.
Midwest Injury Lawyers is based in the heart of Chicago. Unfortunately, pedestrian accidents are very common in the Windy City – and more than half result in fatalities, according to the Chicago Department of Transportation. The good news is the state of Illinois has made great strides in the past few years to improve pedestrian safety, with fatalities down 27 percent.
If you or a loved one has been involved in a pedestrian accident, it’s crucial to understand the laws that protect you. In Illinois, pedestrian laws exist to keep you safe while walking, jogging, or crossing streets. Understanding these laws can help you know your rights and what steps to take after an accident.
Let’s get into it.
Why Illinois Pedestrian Laws Matter
In any accident, the law exists to determine who is responsible and who can claim damages.
Illinois pedestrian laws aim to protect both pedestrians and drivers. Knowing these laws can help you navigate your rights if you’re injured in an accident and ensure that responsible parties are held accountable. The law sets clear guidelines for safe interactions between drivers and pedestrians, reducing the risk of accidents.
Without this knowledge, you could risk losing out on the compensation you deserve or facing unnecessary obstacles in your claim. These laws serve as a foundation to hold negligent parties responsible and create safer roads.
What Is Considered a “Pedestrian”?
This may seem obvious, but it’s something that we as pedestrian accident attorneys need to touch on. In Illinois, a pedestrian is anyone traveling on foot. This includes walking, running, jogging, or even using a wheelchair. In essence, if you’re not in a vehicle, you’re considered a pedestrian.
How Illinois Law Protects Pedestrians
Now to get into the finer details of Illinois pedestrian laws and traffic safety. In this section, we want to outline the most common laws that apply to those on foot.
Right-of-Way at Crosswalks
This is arguably the most important Illinois pedestrian law.
Drivers must yield to pedestrians crossing the street within marked or unmarked crosswalks. Even if there are no traffic lights, drivers must stop and let pedestrians pass. Failure to yield can result in fines and – more importantly – may be used as evidence in a personal injury claim
According to the report by the Chicago Department of Transportation (cited above) nearly 40% of pedestrian accidents involve left-turning motorists. Regardless of the law, pedestrian needs to be cautious and make sure that drivers see them before crossing at any plainly marked crosswalk.
Crosswalk Safety
Illinois law requires pedestrians to follow lights and traffic control signals in marked crosswalks.
This includes walking when the “walk” sign appears and stopping when the “don’t walk” sign flashes. Ignoring these signals can make it harder to prove fault in an accident. Given that many intersections these days have cameras; the footage is one of the primary pieces of evidence used to determine fault in pedestrian accidents.
Both pedestrians and drivers must follow traffic signals to ensure everyone’s safety on the road.
What Happens Outside of Crosswalks?
If you cross the street outside of a crosswalk or in an unmarked crosswalk, you must yield to vehicles. This is why police enforce jaywalking in big cities like Chicago.
While this doesn’t mean you lose all rights, it may be difficult to pursue a personal injury claim if you were struck while jaywalking. However, if the driver was speeding, distracted, or otherwise negligent, they may still share some or all of the liability for the accident.
Sidewalk Safety
Pedestrians are generally required to use sidewalks and pedestrian crossing areas when they are available.
Walking in the street (without the right of way) when a sidewalk is present may put some responsibility on you if an accident happens. In some cases, sidewalks may be deemed unsafe or unavailable. For example, a sidewalk is under construction or covered in ice may require you to walk in the street.
In these situations – or those where no sidewalk is present – pedestrians should walk on the shoulder of the road, facing traffic to increase their visibility and safety.
The Drivers’ Duty to Avoid Pedestrians
Illinois vehicle code holds those operating a moving vehicle responsible for being cautious around pedestrians. This includes behind mindful at stop signs or flashing red signals – and giving pedestrians right of way when possible.
Drivers must watch for pedestrians at all times, even outside of the crosswalks. This is especially important in school zones, near parks, and in residential areas. If a driver fails to take reasonable care to avoid a pedestrian, they may be held liable for any injuries, even if the pedestrian was not in a crosswalk or failed to follow certain rules.
Now, as a pedestrian, it’s very important to make yourself visible to drivers. If you’re walking at night with limited streetlights, wear bright clothing, reflectors, or lights.
School Zone Rules
Illinois has specific pedestrian laws in school zones – which apply during school hours. These laws require drivers to yield right of way to pedestrians when school zone speed limits are in effect.
Failing to stop can result in serious penalties and can be used against the driver in an accident case. Speed limits in school zones are lower, and drivers are expected to be extra cautious. This heightened duty of care helps protect children and families crossing near schools.
Pedestrians and Parking Lots
Pedestrian accidents don’t just happen on roads.
Collisions in parking lots are more common than many believe. A survey from the National Safety Council found that around 60% of drivers admit to being distracted while driving through parking lots – likely due to driving at lower speeds. Texting, programming the GPS, scrolling social media, picking a song, etc.; there are a million distractions when moving through a parking lot.
Illinois law treats parking lot accidents much like road accidents. Drivers are required to be cautious and yield to pedestrians. Even though speeds are lower in parking lots, drivers must be attentive, as pedestrians can be harder to see in these tight areas, especially near large vehicles or in crowded conditions.
Illinois Comparative Negligence Law
Illinois follows a “comparative negligence” rule in all personal injury cases – including pedestrian accidents.
This means that even if you were partially at fault for the accident, you can still recover damages. However, this DOES mean your compensation will be reduced by the percentage of fault assigned to you. If you are found to be more than 50% at fault, you may not be able to recover anything.
For example, say you were struck by a vehicle while jaywalking – and the motorist was texting and driving. The insurance companies (or potentially the courts) may decide you were 30 percent at fault and the driver was 60 percent at fault. In this situation, the driver would pay 60 percent of the total damages.
It’s crucial in these situations to work with a pedestrian accident injury attorney to make sure fault is fairly assessed and to protect your rights.
What to Do After a Pedestrian Accident
If you’ve been injured in a pedestrian accident, your first step should be to seek medical care. If the authorities are called to the scene, there will be a medical team – be sure to get checked out by them. Some injuries are not apparent immediately. These specialists are trained to spot the early signs of problems like brain injuries, spinal injuries, and so on.
Even if you feel fine, do not decline a medical assessment.
Afterward, document the accident. You should collect the following information at the scene:
- The driver’s contact information
- License plate and vehicle description
- Photos of the scene
- Witness statements
- Police report
- Weather and lighting conditions
- Road conditions
Filing a Pedestrian Accident Claim with a Pedestrian Accident Attorney
To file a pedestrian accident claim in Illinois, you will need to show that the driver was negligent. This could mean that the driver was speeding, distracted, or failed to yield to you. Your claim must also include proof of your injuries and related expenses, such as medical bills and lost wages.
The steps to file a pedestrian accident claim generally involve:
Seek Medical Treatment
Your medical records will be the foundation of your claim. After the accident visit your doctor as soon as possible to get a diagnosis. Even minor injuries should be documented, as they can worsen over time and impact your ability to recover compensation.
Gather Evidence
Collect and organize documentation such as accident reports, witness statements, photos of the scene, and medical records. The more thorough your evidence, the stronger your case will be when proving fault and the extent of your injuries. When you hire a pedestrian accident attorney, they will help you gather all the necessary evidence to build your claim.
Notify the Insurance Company
Inform the at-fault driver’s insurance company of your intent to file a claim. Make sure to provide only basic information initially, as insurance companies may try to use your statements against you to minimize payouts. Again, an attorney will be instrumental here.
Truth be told, most insurance companies will not take you seriously without a lawyer by your side.
File Your Claim
Your lawyer will submit all relevant documents, including proof of negligence, medical bills, lost wages, and other expenses to the insurance company. Make sure that all required forms are completed correctly and that deadlines are met to avoid delays or denial of your claim.
Negotiate or File a Lawsuit
If the insurance company offers a fair settlement, you can resolve the case. If not, you and your attorney may need to file a lawsuit to pursue the compensation you deserve. Working with a skilled Illinois personal injury lawyer during negotiations can help to protect you in case you are pressured into accepting an unfair offer.
This occurs in almost every personal injury case.
Common Disputes in Settlement Negotiations
During settlement negotiations, the major legal issue is determining liability and damages. Keep in mind, insurance companies are obligated to minimize payouts – by any means necessary. Some of the most common areas we see in negotiations include:
Comparative Negligence
Insurance companies almost always argue that the pedestrian was partially at fault. For example, they may claim you were crossing against the light or were distracted while walking to reduce their payout. Your attorney would need to counter this by providing strong evidence of the driver’s negligence.
Medical Costs
Insurance companies often try to downplay medical expenses, claiming that certain treatments were unnecessary or that the injuries were pre-existing. Your attorney will counter these claims with expert testimony, extensive medical records, and documentation showing the link between the accident and the injuries.
Future Damages
Another major point of contention in personal injury claims is future damages, which commonly include ongoing medical care, physical therapy, or lost earning capacity. Your attorney may work with economic experts to calculate the long-term financial impact of the injury, while the insurance company may attempt to undervalue this.
Navigating the legal process after a pedestrian accident can be overwhelming, especially if you’re recovering from an injury. An experienced personal injury attorney can help you gather evidence, file claims, and negotiate with insurance companies. They can also represent you in court if necessary.
Time Limits for Filing a Claim
Illinois law has a statute of limitations for filing personal injury claims. For most pedestrian accident cases, you have two years from the date of the accident to file a lawsuit. Missing this deadline can prevent you from recovering any compensation.
Compensation You May Be Entitled To
If you’ve been injured as a pedestrian, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Future medical care
Dealing with Insurance Companies
Insurance companies commonly try to minimize the amount they pay in pedestrian accident cases. It’s important to be careful when speaking with them. Never agree to a settlement without consulting a lawyer first, as you may be entitled to more compensation than they offer.
Over to You
Understanding Illinois pedestrian laws can help you protect your rights after an accident. If you’ve been injured due to someone else’s negligence, you don’t have to handle the case alone. A pedestrian accident attorney can help guide you through the process and fight for the compensation you deserve. Following the right steps can make all the difference in your recovery.
At Midwest Injury Lawyers, we help victims of pedestrian accidents seek rightful compensation with compassion and professionalism. Our firm works on a contingency fee agreement – meaning you pay us nothing to take your case. We only make a percentage of the total settlement IF we win.
Schedule a FREE consultation to get started.