How Illinois Law Handles Car Accidents Involving Pedestrians

Car accidents involving pedestrians can lead to devastating injuries and complex legal disputes. Illinois law sets clear rules about who has the right of way, how fault is assigned, and what compensation may be available. Understanding these rules is crucial for both pedestrians and drivers, especially when accidents lead to medical bills, lost income, and lasting pain.

If you or someone you love has been hurt in a pedestrian accident, you do not have to navigate these issues alone. The Law Offices of Michael J. Brennan offers free legal consultations to help victims understand their rights and take the next steps toward justice.

Pedestrian Rights and Responsibilities Under Illinois Law

Pedestrians in Illinois enjoy significant legal protections, particularly when crossing at intersections and designated crosswalks. Drivers are required to yield when pedestrians are lawfully crossing, whether or not a crosswalk is marked. This rule exists to provide safety in areas where foot traffic is expected.

That said, pedestrians also carry responsibilities. For instance, someone who crosses outside of a crosswalk or ignores a traffic signal may be considered partially at fault if an accident occurs. Courts expect pedestrians to act with reasonable caution just as they expect drivers to operate vehicles safely.

This balance between driver responsibility and pedestrian responsibility is at the heart of many accident cases. Whether a claim succeeds often depends on the details of where and how the collision occurred.

Driver Duties and Common Forms of Negligence

Drivers in Illinois have a legal duty to exercise caution whenever pedestrians are present. This duty extends to residential streets, intersections, school zones, and parking lots. A driver who fails to meet this standard of care may be held negligent if an accident results.

Some of the most common examples of negligence include distracted driving, excessive speed, ignoring traffic lights, or failing to look for pedestrians while turning. Drunk and impaired driving remain persistent causes of pedestrian accidents, often leading to the most severe outcomes.

Even in situations where negligence seems obvious, insurance companies often dispute liability. They may attempt to argue that the pedestrian acted carelessly or contributed to the accident. This is why having a clear understanding of driver obligations is so important in building a strong legal claim.

How Comparative Negligence Affects Pedestrian Accident Claims

Illinois follows the rule of modified comparative negligence. This means that if a pedestrian is partly responsible for an accident, they may still recover damages so long as their share of the fault is less than fifty one percent. If they are found more responsible than the driver, however, they cannot recover any compensation.

Consider an example. A pedestrian steps into the road outside of a crosswalk while a driver is speeding and glancing at a phone. A court might assign thirty percent of the blame to the pedestrian and seventy percent to the driver. In that situation, the pedestrian could still recover damages, but the total amount would be reduced by thirty percent.

This rule makes pedestrian cases more complicated than they first appear. Insurance adjusters often use comparative negligence as a tool to reduce payouts, which makes skilled legal representation all the more valuable.

What Compensation May Be Recovered After a Pedestrian Accident

Pedestrian accident victims may be entitled to a range of damages. These typically include medical expenses, rehabilitation costs, and lost wages. If the injuries are serious enough to prevent someone from returning to work, loss of earning capacity can also be claimed.

In addition to financial losses, Illinois law allows recovery for non-economic damages. These may cover physical pain, emotional suffering, and loss of enjoyment of life. In fatal accidents, surviving family members may pursue wrongful death claims that include funeral expenses and loss of companionship.

Because non economic damages are difficult to measure, they are often the focus of disputes. Insurance companies frequently offer quick settlements that do not reflect the true cost of an injury. An attorney can evaluate the full scope of damages and work to secure a fair resolution.

Protecting Your Rights After a Pedestrian Accident in Illinois

Illinois law is designed to safeguard both pedestrians and drivers, but the reality is that pedestrian accident claims can become complex very quickly. Determining fault requires careful attention to detail, and compensation is rarely straightforward. Insurance companies have teams of professionals working to minimize claims, and without legal guidance, victims can be left at a serious disadvantage.

If you or a loved one has been struck by a vehicle, you should not face the legal system or insurance companies on your own. The Law Offices of Michael J. Brennan has decades of experience handling pedestrian accident cases throughout Illinois. We are committed to protecting your rights and ensuring that you receive the compensation you deserve. Contact us today for a free consultation and take the first step toward recovery.