When a car hits a pedestrian crossing the street in Chicago, you might assume that the driver who struck the pedestrian bears sole responsibility for the car accident. But can a pedestrian bear some responsibility for a collision with a motor vehicle? And what happens when a pedestrian shares fault for an accident with a car in Chicago?
Understanding Liability in Illinois Car Accidents
After a pedestrian accident, parties may need to determine liability for the crash to hold one or more parties responsible for injuries and property damage caused by the collision. Liability for a pedestrian accident will ultimately fall on the party who bears more than 50 percent responsibility for causing the accident. The law has many provisions designed to protect pedestrians from collisions with motor vehicles, meaning drivers frequently bear liability for pedestrian accidents. However, both drivers and pedestrians can share liability for a crash between a car and a pedestrian.
When Can Pedestrians Be Held Liable?
Pedestrians can bear some or all the fault for a collision with a motor vehicle under certain conditions, including:
- Jaywalking: Illinois traffic laws require pedestrians to cross streets or roads at marked crosswalks or intersections with traffic signals or stop signs. A pedestrian who crosses the street outside of a marked crosswalk or intersection must yield the right of way to oncoming traffic. Thus, a pedestrian may bear responsibility for an accident if they jaywalk while failing to yield to oncoming vehicles.
- Distracted walking: A pedestrian may bear some responsibility for a collision with a motor vehicle if they walk while distracted by a cell phone or while wearing headphones that block the sounds of oncoming vehicles.
- Suddenly entering the street: A pedestrian may bear fault for an accident when they suddenly step into the street in front of another vehicle so close that the driver cannot stop before hitting the pedestrian.
- Walking on highways or restricted routes: Pedestrians may bear liability for collisions with motor vehicles if they walk on interstates, limited access highways, or other routes that restrict pedestrian travel.
How to Determine Fault in Pedestrian Accidents
Insurance companies and courts rely on various pieces of evidence from a pedestrian accident to identify the person or persons at fault, such as:
- Police accident reports
- Eyewitness statements
- Surveillance or traffic camera footage
- Dashcam footage
- Vehicle event data recorder (“black box”) logs
- Medical records
- Cell phone logs
- Accident reconstruction expert reports and testimony
Accident evidence and accident reconstruction experts can help explain the legal standards for the rules of the road and the reasonable behavior expected of pedestrians and motorists.
Legal and Financial Consequences for At-Fault Pedestrians
Under Illinois’ contributory negligence rules, a pedestrian who bears some of the fault for an accident with a motor vehicle may have their rights to financial recovery affected. A pedestrian may still pursue a compensation claim if they bear 50 percent or less of the fault for causing the accident. A pedestrian who bears more than 50 percent fault will lose their right to seek compensation. However, under the contributory negligence rule, a partially at-fault pedestrian may see their compensation reduced in proportion to their share of responsibility for causing the accident.
Contact a Pedestrian Accident Lawyer Today
When you get hurt in a pedestrian accident in Chicago, you need experienced legal counsel to protect your rights to compensation, especially if the driver tries to blame you for the crash. Contact Saperstein Law Group today for a free, no-obligation consultation with a pedestrian accident attorney to discuss your options for pursuing financial recovery for your accident injuries and losses.