Yes. Illinois drivers owe pedestrians two duties written directly into the Vehicle Code: a general duty to exercise due care to avoid hitting anyone on foot or on a bicycle (625 ILCS 5/11-1003.1), and a specific duty to stop and yield to a pedestrian in a crosswalk (625 ILCS 5/11-1002). A driver who breaks either one and causes an injury can be held responsible for it.
Illinois Laws That Protect Pedestrians
Pedestrians are among the most vulnerable people on Illinois roads, and when a driver’s negligence causes an accident the injuries are often severe. Because of the great and obvious dangers of these accidents, Illinois drivers owe pedestrians special duties of care, and a driver who is negligent and directly causes such an accident can be pursued for justice and your compensation.
According to 625 ILCS 5/11-1003.1, in reference to drivers’ legal duty of care:
“Notwithstanding other provisions of this Code or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.”
The crosswalk rule goes further. Where there is no working traffic signal, a driver must come to a full stop, not merely slow down, for a pedestrian crossing on the driver’s half of the road or approaching closely enough to be in danger. A second driver may not pass a vehicle that has stopped to let someone cross. Here is the law regarding pedestrians’ right-of-way at crosswalks (625 ILCS 5/11-1002) (from Ch. 95 1/2, par. 11-1002) Sec. 11-1002:
(a) When traffic control signals are not in place or not in operation the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section 11-1003(b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.
Pedestrians have duties of their own. Outside a marked or unmarked crosswalk, it is the pedestrian who must yield to vehicles on the roadway, and between adjacent signalized intersections a pedestrian may cross only in a marked crosswalk (625 ILCS 5/11-1003). Where a pedestrian tunnel or overhead crossing is available, the same yield rule applies. Those provisions do not end a claim, but they do affect how fault is divided.
Common Causes of Illinois Pedestrian Accidents
Accidents involving pedestrians are relatively common in Illinois, more so than people realize. Those who are struck by vehicles are often unaware that they are in danger, sightseeing or simply not paying attention, and are blindsided, unable to get out of harm’s way. The three most common reasons pedestrians are hit and injured are:
- Using a mobile device. Pedestrians (and drivers) who walk or drive while talking or texting on their phones are not paying attention to their surroundings, and when attention is on a phone rather than the road or crosswalk, it can result in devastation.
- Crossing outside a crosswalk. Crossing streets away from a crosswalk, or in dangerous sections of the road, causes many pedestrian accidents. Illinois law puts the duty to yield on the pedestrian in that situation (625 ILCS 5/11-1003), which insurers will use to argue you share the blame. The way to avoid it is to use crosswalks and pay attention to the street signals that tell you when it is okay to cross.
- Being young. Children often are not aware of how close they are to danger and may run into traffic for any reason, especially chasing a toy or pet. Parents are often hit in these instances as well, focused only on getting the child.
Cell Phones and Distracted Driving
Cell phones have become all but the focal point of the debate about distracted driving, as well as distracted pedestrians. They are arguably the most common way for drivers and pedestrians to become distracted in and near our roadways and cause needless accidents that can result in serious injuries and even death. When behind the wheel, it can take only a split-second of distraction for an accident to occur, and looking at a phone takes much longer than that. Distraction can certainly qualify as negligence, and when a driver’s or pedestrian’s negligence directly results in an accident, that party must be held accountable for the damages.
Hands-Free Technology
While hands-free technology within vehicles may seem more convenient than using a cell phone, it can also offer distractions of its own. Over 100 people lose their lives in auto accidents each day, according to the National Safety Council, and an estimated 9% of these fatalities are caused by distracted drivers. While hands-free modes allow the driver to keep his or her hands on the wheel, they can still force drivers to take their eyes off the road and distract the mind even when the hands and feet are where they should be. Drivers are legally responsible for avoiding distractions while operating a vehicle.
Negligent Road Design
The driver of a vehicle is typically found liable for a traffic accident involving a pedestrian. But when a road is so poorly designed, constructed, or maintained that it actually contributes to the accident, the entity or entities responsible for the road may be partially or even fully liable. Roads must be designed with a variety of concerns in mind: curves must not be too sharp, especially considering the speed-limit; shoulders and recovery zones can be especially important on high-speed roads; guardrails are often necessary to protect against oncoming lanes, trees, rock formations, and changes in elevation; and some curves must be properly banked so that drivers may not lose control. In rare cases in which an accident is directly caused by a road’s negligent design, the public or government entities responsible for designing the road may share partial or full liability. If a city, village, county, or park district is involved, act quickly: the deadline for suing a local public entity is one year, not two, as explained below.
Road Hazards
Road hazards can vary greatly, from gravel and potholes to debris and construction zone equipment. Although drivers are legally responsible for driving with caution when such hazards are present, there are cases in which a public entity or construction company may share liability. When hazards exist due to construction, those responsible for the construction are typically responsible for the appropriate signage indicating the hazard. In other cases, the government or construction company which designed and constructed a road may be liable. When accidents caused by road hazards also involve a pedestrian, liability may be difficult to determine and can sometimes fall on more than one party. Here too, a claim against a local government carries the shorter one-year deadline.
Common Types of Pedestrian Accidents
While pedestrian accidents can occur in any number of ways, there are some common circumstances in which they happen:
- Backing vehicle — These typically occur in parking lots and driveways with limited visibility when a pedestrian enters the vehicle’s reverse path.
- Work/play accidents — These involve children as well as construction workers or other outdoor professionals being struck by vehicles, especially in residential areas.
- Pedestrian highway crossing — These occur when a pedestrian attempts to cross a highway.
- Off-road accidents — These may involve striking a pedestrian on a sidewalk or other place where the car should not be, and often involve intoxicated driving.
- Roadside accidents — When a sidewalk or shoulder is unavailable and a pedestrian attempts to walk on the road’s edge, they are at greater risk of being struck.
- Intersection: through-vehicle — When a pedestrian crossing an intersection is struck by a driver moving straight through it.
- Intersection: turning-vehicle — When a pedestrian crossing an intersection is struck by a driver making a turn.
- Failure to yield at a crosswalk — These result directly from a driver’s negligence when a “yield” sign is not obeyed while a pedestrian is crossing.
- Midblock dart-and-dash — These occur when a pedestrian suddenly attempts to cross the street in front of a moving vehicle, and not at a crosswalk. Liability is often contested in these cases.
- Multiple-threat accident — This occurs when a pedestrian walks between two stopped vehicles into the next lane, where an oncoming driver may not see them in time.
- Mailbox/midblock accident — When a pedestrian is struck by a vehicle while checking the mail or interacting with a stopped vehicle, such as an ice cream truck.
- School bus crossing accident — Children’s lives are endangered when a driver attempts to pass a stopped school bus with its lights on.
How Pedestrian Accidents Can Be Prevented
Here are some helpful tips to reduce and mitigate the risks of traffic accidents involving pedestrians.
For drivers:
- Reduce speed in pedestrian areas — Be it a residential area or a high-traffic commercial area, be more cautious of your speed when entering and moving through these areas.
- Make eye contact — Eye contact between a driver and pedestrian is a highly effective way of preventing an accident; pedestrians want to know they’ve been seen by the driver, and the driver receives the same reassurance.
- Avoid passing stopped vehicles — A stopped vehicle ahead of you may be allowing a pedestrian to cross, and it is unlawful to pass a vehicle stopped for this purpose.
- Obey school zone traffic laws — These laws protect children who are prone to distraction and inattentiveness, so exercise caution in these areas at all times.
For pedestrians:
- Only cross at designated areas — Designated crosswalks are where you and your right-of-way are legally protected against vehicles, so avoid crossing outside them whenever possible.
- Don’t assume you can be seen — Never enter the path of a moving vehicle under the assumption that the driver can see you.
- Watch for passing vehicles — The vehicle in front of you may have yielded, but watch for a second vehicle attempting to pass it from behind.
- Stay attentive — Avoid distractions, even cell phones, while walking through crosswalks and intersections, and always stay aware of your surroundings.
Common Pedestrian Accident Injuries
When a pedestrian is hit by any vehicle, the injuries can be very severe and life-threatening. Soft tissue injuries, meaning damage to muscles and tendons, are surprisingly common in pedestrian accidents, while head, neck, and back injuries may carry long-term or lifelong complications that require recurring or ongoing treatment.
Illinois Soft Tissue Injury Settlements
The Illinois results below are illustrative examples of what soft tissue pedestrian claims have produced. Every case turns on its own facts, and past results do not guarantee a future outcome.
- Madison County — Schmidtke v. Pullis — In Jonesboro, Illinois, a man pumping gas into his car was struck by another vehicle, pinning him between it and his vehicle. The pedestrian’s resulting soft tissue damage developed into “costochondritis” (Tietze’s syndrome). The jury ruled that the defendant was liable for negligence and awarded the pedestrian (plaintiff) $65,000 in compensation.
- Kane County — Schaughnessy v. Storm — In an interstate construction zone, a 39-year-old woman was struck by a vehicle and suffered soft tissue damage in her knee, spine, and shoulder, as well as other injuries. The case was settled before trial and the pedestrian received $200,000 in compensation.
- Cook County — Mavros v. Greenfield — A 20-year-old pedestrian was struck by a motorist who drove through a crosswalk, resulting in soft tissue damage and bruising. The jury ruled in favor of the plaintiff, since she had the right-of-way in the crosswalk, and awarded her just over $198,000, which included $50,000 in punitive damages.
Compensation Available After a Pedestrian Accident
If the driver in the accident is found to be negligent, and legally liable as a result, you may be entitled to compensation for the damages you sustained, including medical expenses, property damage, lost wages, and pain and suffering.
Emotional Distress
In some cases, compensation includes “emotional distress,” which is typically a subcategory of pain and suffering. Emotional distress specifically refers to profound and lasting trauma resulting from the accident which, in serious cases, can eventually manifest as post-traumatic stress disorder (PTSD). With sufficient evidence of emotional distress, you may be eligible for this form of compensation, among others, provided that the driver was directly responsible for the accident and your injuries.
Punitive Damages
In some cases, compensation includes “punitive damages.” Punitive damages, while rare in personal injury cases, are awarded when the defendant’s conduct was especially reckless and should be deterred not only directly, but also generally. In Kelsay v. Motorola, Inc. (74 Ill. 2d 172, 186 (1978)), the Illinois Supreme Court described these damages as such: “[P]unitive or exemplary damages may be awarded when torts are committed with fraud, malice, deliberate violence or oppression or when the defendant acts with such gross negligence as to indicate a wanton disregard of the rights of others.” For example, punitive damages may be sought if a driver struck a pedestrian while intoxicated and also fled the scene, making the driver guilty of both intoxicated driving and a hit-and-run simultaneously. Whether that conduct clears the bar is decided case by case.
Future Medical Treatment
A settlement may include compensation for future medical expenses, not just the bills you have already received. This is especially common for head, neck, and back injuries that may have long-term or lifelong complications requiring recurring or ongoing treatment. If you negotiate with the insurance company alone and accept a settlement offer that isn’t enough (as is usually the case), you will still be barred from ever receiving further compensation for the same accident, which is why attorney representation is worth considering before you sign anything, so your compensation accounts for future medical treatment.
Insurance Coverage
Your own auto policy can matter even though you were on foot. Illinois requires every auto policy to include uninsured motorist (UM) coverage at least equal to the state’s minimum liability limits of $25,000 per person and $50,000 per crash (215 ILCS 5/143a), which is what responds when the driver who hit you had no insurance or fled and was never identified. Underinsured motorist (UIM) coverage works differently: it is required only in an amount equal to the UM limits you actually bought, and only where those limits exceed the state minimum (215 ILCS 5/143a-2). In practical terms, a bare-minimum policy gives you no extra UIM cushion when the at-fault driver’s coverage runs out, which is a good reason to check your declarations page and consider higher limits. Recovering under UM or UIM still requires proving the other driver was at fault, and your policy will impose its own conditions, such as prompt notice and proof of the other driver’s insurance status, so read those terms or have someone read them with you.
Determining Fault in Illinois Pedestrian Accidents
When a pedestrian-related accident occurs, this does not automatically mean that the pedestrian is free of blame. Illinois uses modified comparative fault: you are barred from recovering only if you are found more than 50% at fault for the accident, so a pedestrian who is exactly 50% responsible can still recover (735 ILCS 5/2-1116). Whatever share of fault is assigned to you comes off your damages, so a $100,000 award drops to $80,000 if you are 20% at fault. You may be compensated for your injuries even if more than one driver was at fault, in which case your injury claim will be filed against multiple parties.
Time Limit to File an Illinois Pedestrian Accident Lawsuit
For filing a personal injury claim, the state of Illinois offers a timeframe (known as a “statute of limitations”) of two (2) years from the date on which the accident occurred. This can be found in 735 Illinois Compiled Statutes Section 5/13-202. There are some rare exceptions to this time-limit:
- A plaintiff (injured victim) who was legally disabled at the time of the accident may file up to two years after the disability is removed (735 ILCS 5/13-211)
- A plaintiff who was under 18 at the time of the accident has two years from his or her 18th birthday to file (735 ILCS 5/13-211)
- If the perpetrator (defendant) leaves the state of Illinois after the accident but before a lawsuit could be filed, the defendant’s period of absence may not be considered part of the two-year limit (735 ILCS 5/13-208)
One deadline runs much shorter and catches people out. If any part of your claim is against a local public entity, meaning a city, village, county, township, park district, or transit agency, or against one of its employees, you have only one year from the date of the injury to file suit (745 ILCS 10/8-101(a)). That is the deadline that applies to the road design, signage, and maintenance claims described above, and missing it ends that part of the case even though the two-year clock against the driver is still running.
Contact 844-SEE-MIKE
If you or a loved one has been injured in a pedestrian accident due to another’s negligence, reach out to 844-SEE-MIKE for a free consultation. We represent individuals and families who have suffered an injury or loss, we will advise you every step of the way, and we do not get paid attorney’s fees unless we win your case. We’re here 24/7.
