Pedestrians do not always have the right-of-way in every situation under Illinois law. Although drivers must yield to people in marked or unmarked crosswalks, pedestrians must also follow traffic signals and exercise reasonable care when traveling on foot. Failing to do so can lead to shared fault for any resulting collision.
When Drivers Must Yield to Pedestrians
Illinois laws place clear legal duties on drivers to prioritize pedestrian safety in specific situations on the road. These include:
- Yielding to people crossing within marked or unmarked crosswalks when traffic signals are absent.
- Stopping for pedestrians when official traffic signals or walk indicators grant them lawful passage.
- Yielding while making turns at intersections to pedestrians lawfully crossing within their path.
- Exercising due care to avoid striking pedestrians, regardless of technical right-of-way status.
This rule requires drivers to stay alert and remain cautious around pedestrians at all times, even outside designated crosswalks.
When Pedestrians Must Yield to Vehicles
Pedestrians also have a duty of care and must obey traffic laws. Failing to follow state rules can result in contributory fault for an accident. Examples include:
- Yielding the right-of-way to vehicles when crossing outside a marked or unmarked crosswalk.
- Following traffic control signals rather than stepping into the street against a “Don’t Walk” sign.
- Avoiding stepping into traffic suddenly in a way that creates an immediate hazard for oncoming cars.
Violating these rules and then suffering an injury in a collision does not automatically prevent an injured pedestrian from recovering money. However, it directly impacts how fault is divided.
Understanding Modified Comparative Fault in Pedestrian Injury Claims
Under 735 ILCS 5/2-1116, Illinois utilizes a modified comparative fault rule in personal injury cases. An injured pedestrian can still receive compensation if they are partially to blame for their accident, provided their assigned fault stays below 51%. However, the total damages awarded will be reduced by their percentage of fault.
For example, if total damages equal $200,000 and the pedestrian is found 25% responsible for jaywalking, their final payout is reduced to $150,000. Being assigned 51% or more fault prevents any recovery from the pedestrian.
Protecting the Value of Your Personal Injury Claim
Comparative fault provides a way for insurers to reduce their liability exposure and the payout they are responsible for. Not surprisingly, these corporations often blame pedestrians for collisions, usually citing jaywalking or failures to yield the right of way.
In some situations, these allegations may be true. In others, they are nothing more than a negotiating tactic. If you do not believe you share fault, traffic camera footage, witness statements, and accident reconstruction can help show what truly happened.
If you were hit by a car as a pedestrian in Illinois, you may have a pedestrian accident claim. You should take legal action right away to preserve your chances of success. The pedestrian accident lawyers at Feagans Law Group can analyze your accident and help you seek full compensation. Contact us today to schedule a consultation.