Accidents with pedestrians involve unique legal rules compared to regular car crashes. Illinois laws set specific duties for both drivers and people on foot.
Right-of-Way Rules for Pedestrians
Under state law, drivers must yield to pedestrians in marked or unmarked crosswalks when there are no traffic signals. Drivers turning at intersections must let pedestrians pass safely. Also, drivers must always use caution to avoid hitting pedestrians, no matter where they are crossing.
For their part, pedestrians must follow traffic signals and use crosswalks whenever possible. Otherwise, they are in violation of traffic law, commonly known as “jaywalking. Stepping into traffic without giving a driver time to stop can affect who is ultimately responsible if a crash occurs.
Common Causes of Pedestrian Accidents
Pedestrian crashes in Illinois often happen because of many common careless behaviors. Poor driving conditions can also play a part.
Common causes of pedestrian collisions include:
- Distracted driving, such as using a cell phone behind the wheel
- Failing to yield at crosswalks or intersections
- Speeding in busy areas with lots of foot traffic
- Poor visibility from bad weather or dim streetlights
- Making left turns where drivers look for oncoming cars instead of pedestrians
Most pedestrian accidents are preventable and occur because of a lack of reasonable care on the part of a driver.
How Fault Is Determined in Pedestrian Accident Cases
Illinois features a modified comparative fault rule under 735 ILCS 5/2-1116. This rule lets an injured pedestrian recover money as long as they are less than 51% at fault, with their final payout reduced by their percentage of blame. Being 51% or more at fault blocks a pedestrian’s right to compensation.
Damages Available After a Pedestrian Accident
If a negligent driver strikes you, Illinois law allows you to seek compensation for medical bills, lost wages, pain and suffering, and other long-term impacts. The at-fault driver’s insurance policy will be one of the primary sources for this compensation.
Minimum policies only provide $25,000 in bodily injury liability coverage per person, $50,000 per accident, and $20,000 in property damage liability coverage. Accordingly, you may need to identify other sources of recovery if your expenses exceed these limits.
In fatal crashes, surviving family members may file a wrongful death lawsuit under the Illinois Wrongful Death Act.
How Long Do Pedestrians Have to Take Legal Action?
After a pedestrian accident in Illinois, pedestrians generally have two years from the date of the accident to file a personal injury claim under 735 ILCS 5/13-202. Two years from the date of death is the deadline for a wrongful death claim.Â
Claims against a government entity, such as a city responsible for a defective crosswalk, often require notice within a much shorter window. Missing these deadlines can bar you from recovering any compensation, so consulting an attorney is an important early step.
If you were injured in an Illinois pedestrian accident, Feagans Law Group can evaluate your case and fight for the compensation you deserve. Contact us today to schedule a consultation with a St. Charles injury lawyer.