Every day, thousands of Illinois residents travel by foot. Some are walking to work through downtown Chicago, others are crossing quiet suburban streets, and many are simply out for exercise. While walking is part of ordinary life, it can quickly turn dangerous when drivers fail to follow the rules of the road. Pedestrian accidents almost always result in serious harm because a person has little protection against a moving vehicle.
State lawmakers and courts recognize this risk, which is why Illinois has laws that specifically address how drivers and pedestrians must interact. These rules are designed to reduce accidents and clarify who is at fault when they happen. But when collisions occur, questions of liability and compensation can become complicated.
If you or a family member has been injured as a pedestrian, it is important to understand your rights. Contact Fabbrini Law Group to schedule a free consultation with a lawyer who can explain your legal options.
Right of Way and Responsibilities on Illinois Roads
Right of way rules often determine how pedestrian accident cases unfold. In Illinois, drivers must stop for pedestrians who are crossing at marked crosswalks or at intersections where signals permit walking. Motorists must also yield to pedestrians when turning, even if they have a green light. The duty of care goes further in areas such as school zones and residential neighborhoods, where children are likely to be present.
Pedestrians, however, are not free from responsibility. They are expected to obey traffic signals and avoid stepping into the street unexpectedly. A person who runs across a red light, for instance, may share some blame if a crash occurs. Courts examine the actions of both sides carefully, asking whether each person acted reasonably under the circumstances.
These rules reflect a balance. Drivers must operate with caution, but pedestrians must also use good judgment. When either side fails to do so, accidents are more likely.
Fault and Comparative Negligence in Illinois
Illinois applies a system known as modified comparative negligence to accident claims. Under this system, fault can be shared between a driver and a pedestrian. If a jury finds that a pedestrian was partly responsible—for example, by crossing outside a crosswalk—any damages they receive will be reduced by that percentage of fault.
There is also a limit built into the law. If a pedestrian is found to be more than fifty percent responsible for the crash, they cannot recover any damages at all. This makes fault a central issue in every case. Drivers often argue that pedestrians acted carelessly, while pedestrians point to distracted or reckless driving. Insurance companies usually try to shift blame to minimize payouts.
Because fault can directly affect whether an injured pedestrian recovers compensation, gathering evidence is essential. Police reports, camera footage, and witness statements often make the difference in proving who was truly at fault.
Compensation Available to Pedestrian Accident Victims
The injuries caused by pedestrian accidents are often severe. Broken bones, head injuries, spinal damage, and long recoveries are common. Illinois law allows injured pedestrians to seek compensation for the medical treatment they require, both immediately after the accident and in the future. Victims may also pursue damages for lost wages, reduced earning capacity, and the physical and emotional pain that comes with such an injury.
In cases where a pedestrian is killed, surviving family members may file a wrongful death claim. These lawsuits can help recover funeral costs and financial support, as well as recognize the emotional loss the family has suffered.
Every claim is unique. The amount a victim or family may recover depends on the seriousness of the injuries, the degree of fault assigned, and the long-term effects on daily life. Lawyers often consult with medical and financial experts to make sure these damages are fully documented.
Protecting Your Rights After a Pedestrian Accident
Pedestrian accidents in Illinois involve more than traffic laws. They raise difficult questions about responsibility, evidence, and fair compensation. While the law gives pedestrians important protections, asserting those rights often requires experienced legal help.
If you or someone close to you was injured in a pedestrian accident, do not wait to get advice. Call Fabbrini Law Group today to set up a free consultation with a pedestrian accident attorney. A lawyer can review your case, explain your rights, and help you pursue the compensation you need to move forward.