If a pedestrian is struck by a vehicle while using a crosswalk in Illinois, the driver is most likely at fault. Illinois law requires drivers to stop and yield to pedestrians in both marked and unmarked crosswalks, and a failure to do so is a violation of the Illinois Vehicle Code. The injured pedestrian can typically file a personal injury claim against the driver for both their economic and non-economic damages.
While the pedestrian’s right of way in a crosswalk doesn’t guarantee full liability on the driver in every scenario, it creates a legal foundation for a claim that’s worth looking into. Read on to learn more about how these cases work and how a pedestrian accident lawyer in Chicago can help.
Illinois Crosswalk Law
The rules governing crosswalks in Illinois are laid out primarily under 625 ILCS 5/11-1002 of the Illinois Vehicle Code. When traffic signals are not in place or not in operation, drivers must stop and yield to any pedestrian crossing within a crosswalk. This applies when the pedestrian is on the driver’s half of the roadway or is approaching closely enough from the opposite side to be in danger.
The law also prohibits drivers from passing another vehicle that has stopped at a crosswalk to let a pedestrian cross. This rule exists because a driver approaching from behind often cannot see the pedestrian until it’s too late.
Illinois recognizes unmarked crosswalks at intersections as well. In cases where painted lines aren’t present, pedestrians still generally have the right of way when crossing at an intersection.
How Crosswalk Laws Can Help Your Personal Injury Case
Being in a crosswalk at the time of the accident puts you in a favorable legal position for several reasons. First, the driver had a clear legal duty to yield to you under state law, and striking you is strong evidence that they breached that duty. Second, your presence in the crosswalk establishes that you were crossing lawfully, which makes it harder for the other side to argue that you share significant fault.
There is one important exception to keep in mind. Per state law, a pedestrian cannot suddenly leave a curb or other place of safety and dart into the path of a vehicle that is too close to stop. If the driver can show this is what happened, it could reduce or eliminate their liability via the state’s modified comparative negligence law.
A Personal Injury Lawyer Can Help if You Were Hit in a Crosswalk
Were you hit by a vehicle while using a crosswalk in Illinois? Significant compensation may be available to you, but you’ll likely need to go through an insurance company with an entire legal department on its side to secure it.
Meyers & Flowers can help you level the playing field and handle your claim from start to finish. Call (630) 576-9696 today to schedule a free consultation and learn more about your best course of action.