Walking is a common way to get around Chicago, whether someone is commuting to work, heading to a CTA station, running errands, or enjoying one of the city’s many neighborhoods. But when a pedestrian and motor vehicle collide, the person on foot is often at a significant physical disadvantage. Illinois pedestrian right of way law establishes specific rules governing pedestrian right-of-way at crosswalks and intersections. At the same time, pedestrians have responsibilities of their own.
Understanding these rules can be important after a pedestrian crosswalk accident in Chicago, particularly when an insurance company argues that the injured pedestrian was partly responsible for the crash. Read on for this helpful guide from the Chicago pedestrian accident lawyers at Lerner and Rowe.
What Is the Illinois Pedestrian Right-of-Way Law?
Illinois’ pedestrian right-of-way rules are found in Article X of the Illinois Vehicle Code. One important provision is 625 ILCS 5/11-1003, which addresses pedestrians crossing roadways outside of crosswalks.
Under Section 11-1003, a pedestrian generally must yield to vehicles when crossing a roadway anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection. The law also places restrictions on crossing between signalized intersections and on crossing diagonally through intersections, unless authorized by traffic-control devices.
When Do Pedestrians Have the Right-of-Way?
Under 625 ILCS 5/11-1002, when traffic signals are not present or are not operating, the applicable right-of-way rule depends on whether the crossing is controlled by a traffic signal, stop/yield sign, or neither.
This means a driver cannot simply assume that a pedestrian must wait for every vehicle to pass. When a pedestrian is lawfully crossing within a crosswalk (and does not suddenly leave the curb), Illinois law can require the driver to stop and yield.
What Does Illinois Law Require of Drivers?
A pedestrian’s violation of a right-of-way rule does not necessarily resolve whether the driver was negligent or whether the pedestrian can recover.
Under 625 ILCS 5/11-1003.1, every driver must exercise due care to avoid colliding with a pedestrian. The statute also requires drivers to take proper precautions when they observe a child or someone who is obviously confused, incapacitated, or intoxicated.
This provision is important in pedestrian accident cases because right-of-way is only one part of the analysis.
For example, suppose a pedestrian begins crossing outside a marked crosswalk. The pedestrian may have violated a right-of-way rule under Section 11-1003. That does not necessarily mean the driver is automatically free from responsibility. If the motorist was speeding, distracted, failed to keep a proper lookout, or otherwise failed to exercise reasonable care, those facts may still be relevant to determining liability.
Illinois law also provides additional protections for pedestrians with clearly visible disabilities. Drivers must yield the right-of-way to such pedestrians under 625 ILCS 5/11-1004.
Common Chicago Locations for Pedestrian Crashes
Car crashes involving pedestrians can occur anywhere, but certain environments naturally create more interactions between people walking and motor vehicles.
In Chicago, potential areas of concern include:
- Busy downtown intersections, especially near the loop
- Streets surrounding CTA stations and bus stops
- Major arterial roads
- Intersections near schools and universities
- Retail and restaurant corridors
- Residential intersections with significant foot traffic
- Areas with construction, temporary lane changes, or obstructed sightlines
- Intersections where turning vehicles cross pedestrian paths
A pedestrian may have a green signal or be lawfully using a crosswalk while a turning driver is focused on traffic coming from another direction. Similarly, parked vehicles, delivery trucks, construction equipment, or other obstructions can make it more difficult for drivers and pedestrians to see one another.
The specific location and circumstances of a crash can therefore become important evidence in determining what happened.
Can a Pedestrian Be Partially at Fault?
Yes. Illinois follows a modified comparative-fault system for negligence claims.
Under 735 ILCS 5/2-1116, an injured person generally may recover damages when their contributory fault is 50% or less, but the amount recovered is reduced according to their percentage of fault. If the person’s contributory fault is more than 50%, the person is barred from recovering damages.
For example, imagine a pedestrian suffers $100,000 in damages and is found to be 20% responsible for the crash. If the other party is responsible for the remaining 80%, the pedestrian’s recoverable damages could be reduced to $80,000.
What Evidence Can Help Prove a Pedestrian Accident Claim?
Evidence can disappear quickly after a crash. Obtaining and preserving it can therefore be an important part of investigating a pedestrian injury claim.
Potentially valuable evidence may include:
- Traffic and surveillance video: Traffic-camera footage, business surveillance cameras, dashcam recordings, and nearby security systems may show the vehicles, pedestrians, traffic signals, and events immediately before the collision.
- Witness statements: People who saw the crash may be able to describe the pedestrian’s location, the driver’s behavior, the traffic signal, vehicle speed, or other circumstances that are difficult to establish later.
- Police reports: A police report may contain statements from drivers and witnesses, observations from responding officers, diagrams, citations, and other information about the collision.
- Photographs and video: Pictures of the intersection, crosswalk, traffic signals, road conditions, vehicle damage, and injuries may help reconstruct what happened.
- Medical records: Medical documentation can establish the nature and extent of injuries and the treatment required after the crash.
- Vehicle data: Depending on the circumstances, information from a vehicle’s electronic systems or other technology may provide evidence concerning speed, braking, or other factors.
Because surveillance footage may not be retained indefinitely, it can be important to identify potentially relevant cameras and request preservation of evidence promptly.
How Do Insurance Claims Work After a Chicago Pedestrian Accident?
After a pedestrian crash, an injured person may pursue compensation through the at-fault driver’s automobile insurance coverage. Depending on the circumstances, other insurance coverage may also become relevant.
Insurance companies may investigate the accident and look for evidence that reduces their insured’s responsibility. They may ask questions about where the pedestrian was walking, whether the pedestrian had a signal, whether the person was using a crosswalk, and whether anything distracted the pedestrian.
An injured pedestrian should be cautious about making statements that others could later take out of context. The insurer’s interests are not necessarily the same as the injured person’s interests.
A Chicago pedestrian accident lawyer can investigate the circumstances independently, gather available evidence, evaluate comparative fault, and determine what damages may be available.
Frequently Asked Questions About Illinois Pedestrian Right-of-Way Law
1. Do pedestrians always have the right-of-way in Illinois?
No. Illinois law gives pedestrians the right-of-way in certain circumstances, particularly when they are lawfully crossing within a crosswalk. However, pedestrians also have duties, including yielding to vehicles when crossing outside a marked or applicable unmarked crosswalk and obeying traffic-control devices.
2. What happens if a pedestrian is hit outside a crosswalk in Illinois?
A pedestrian crossing outside a crosswalk generally must yield to vehicles under 625 ILCS 5/11-1003. However, being outside a crosswalk does not automatically resolve every question of liability. Drivers still have a statutory duty to exercise due care to avoid collisions with pedestrians. The facts of the particular crash must be examined to determine whether either party was negligent and to what extent.
3. Can I recover compensation if I was partly at fault for a pedestrian accident in Illinois?
Possibly. Illinois’ modified comparative-fault law generally permits recovery when the injured person’s contributory fault is 50% or less, but damages are reduced according to that person’s percentage of fault. If the person’s fault exceeds 50%, recovery is barred.
4. What evidence can prove a Chicago pedestrian accident claim?
Evidence may include traffic-camera footage, nearby business surveillance video, dashcam recordings, photographs, police reports, witness statements, medical records, vehicle information, and other evidence showing how the collision occurred. Prompt investigation can be important because some forms of video evidence may not be preserved indefinitely.
5. How long do I have to file a pedestrian accident lawsuit in Illinois?
Illinois generally provides a two-year statute of limitations for personal injury actions under 735 ILCS 5/13-202. However, exceptions can affect the deadline in some cases. Anyone injured in a pedestrian crash should consult an Illinois pedestrian accident attorney promptly rather than assuming the general deadline applies to their particular circumstances.
Talk to an Illinois Pedestrian Right-of-Way Law Attorney
A pedestrian crash can leave you facing serious injuries while an insurance company investigates who was responsible. Illinois pedestrian right-of-way laws can be complicated, particularly when the facts involve a crosswalk, traffic signal, turning vehicle, or allegations of pedestrian fault.
If you or a loved one was injured in a pedestrian accident in Chicago, the Chicago personal injury lawyers at Lerner and Rowe can investigate the circumstances, help preserve important evidence, deal with insurance companies, and pursue the compensation you may be entitled to receive.
Contact the Lerner and Rowe Chicago office for a free consultation by calling, filling out a contact form, or using LiveChat. You do not have to face the insurance company alone.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.