Both pedestrians and drivers in Illinois are expected to follow specific traffic laws. When either side ignores those rules and a pedestrian accident happens as a result, the question of who was in violation can have a direct impact on any pedestrian injury claim in Chicago that follows.
Knowing how these laws work is useful for anyone who walks or drives on Illinois roads. Here’s what you should be aware of regarding the pedestrian laws in Illinois.
Pedestrian Right-of-Way Rules
One of the most common misunderstandings about pedestrian law is that people walking always have the right of way. That’s not entirely accurate, however. The rules in Illinois depend on where the pedestrian is crossing and what traffic signals are in place.
At crosswalks, drivers are required to yield to pedestrians. This applies to both marked crosswalks with painted lines and unmarked crosswalks at intersections. If a pedestrian has entered the crosswalk, approaching vehicles must stop and let them pass.
However, pedestrians also have responsibilities at crosswalks. If a traffic signal is present, pedestrians must obey it. Stepping into the crosswalk against a “Don’t Walk” signal puts the pedestrian in violation of the law, even if they’re technically in the crosswalk.
Outside of crosswalks, the rules shift. Pedestrians who cross the street mid-block, commonly referred to as jaywalking, must yield the right of way to vehicles. If a pedestrian crosses outside of a crosswalk and is hit by a car, their decision to jaywalk could be used against them in a car accident case in Chicago.
What Drivers Owe to Pedestrians
Illinois law places a significant duty of care on drivers when it comes to pedestrians. Beyond the crosswalk rules discussed previously, drivers are also required to exercise due care to avoid hitting a pedestrian on any roadway. This could apply regardless of whether the pedestrian is violating a traffic law at the time.
Some additional driver obligations include:
- Slowing down and being prepared to stop when approaching a crosswalk
- Yielding to pedestrians when making a turn at an intersection
- Not passing another vehicle that has stopped for a pedestrian at a crosswalk
- Using extra caution in school zones and residential areas where children may be present
A driver who fails to follow any of these rules and hits a pedestrian can face both a traffic citation and civil liability for the pedestrian’s injuries.
How Pedestrian Laws Affect a Personal Injury Claim in Illinois
If you’re hit by a car while walking in Illinois, the pedestrian laws described above will factor directly into your personal injury case. Illinois follows a modified comparative negligence standard, which means you can recover compensation as long as your share of fault doesn’t reach 50%.
For example, if you were crossing at a crosswalk with the signal in your favor and a driver ran through without stopping, the fault would likely fall entirely on the driver. However, if you were jaywalking at the time of the accident, the insurance company will likely argue that you share some of the blame, which could jeopardize the success of your claim.
Contact Meyers & Flowers for Legal Help After a Pedestrian Accident
Were you injured in a pedestrian accident in Illinois? You may be entitled to substantial compensation from the at-fault party. Contact Meyers & Flowers today at (630) 576-9696 for a free consultation to learn more about your legal options and how the law might apply to your case. We’ve recovered more than $6 billion for our clients and will work just as hard on your behalf.