In most cases, the driver making the left turn is liable in the context of a pedestrian accident. Illinois law requires left-turning drivers to yield to all oncoming traffic and pedestrians before completing the maneuver; a failure to do so is a traffic violation. If a driver turns left and strikes a pedestrian in a crosswalk, the evidence of fault is typically compelling. That said, liability is not always straightforward. Other parties may share responsibility depending on the circumstances, and insurance companies will often try to shift blame onto the pedestrian to reduce what they owe.
Read on to learn more about how liability works in these Chicago personal injury cases and what legal options may be available to you going forward.
Why the Left-Turning Driver Is Usually at Fault
Per the Illinois Vehicle Code in 625 ILCS 5/11-801, drivers making a left turn must yield the right of way to pedestrians and oncoming vehicles before proceeding. A driver who fails to do so and strikes a pedestrian is almost certainly going to be held at fault.
These accidents often happen because of a gap in attention. A driver waiting to turn left is typically focused on finding an opening in oncoming traffic. Once they spot one, they accelerate through the turn without checking the crosswalk on the other side of the intersection. By the time they notice the pedestrian, it’s too late to stop. The vehicle’s “A-pillar” can also create a blind spot that blocks the driver’s view of a person on foot, particularly when the turn is taken at a wider angle.
Chicago has implemented measures like bollards and enlarged speed bumps near crosswalks to force slower, sharper turns. Despite those efforts, left-turn pedestrian accidents remain a serious problem across the city.
Other Parties Who May Share Liability
The driver isn’t always the only party who can be held liable. Depending on the facts, other potentially responsible parties may include:
- The driver’s employer, if the driver was operating a commercial vehicle or was on the job at the time of the crash
- The City of Chicago or another government entity, if something like malfunctioning traffic signals contributed to the accident
- A vehicle manufacturer, if a mechanical defect such as brake failure played a role
Identifying every responsible party matters because it can expand the available insurance coverage and increase the total compensation you’re able to recover.
Contact Our Experienced Chicago Pedestrian Accident Attorneys for Legal Help
If you were hit by a left-turning vehicle in Chicago, you may be entitled to substantial compensation for your injuries. However, the opposing party likely won’t pay the full value of your claim willingly. Meyers & Flowers can fight for you and help you recover the maximum amount of money you’re owed.
Call us today to get started with a free consultation at (630) 576-9696. We’re ready to get to work on your behalf right away and work on a contingency fee basis, so you’ll only pay attorney’s fees if we win your case.