Chicago Injury Lawyer Blog
Pedestrian accidents remain a pressing concern in Chicago, with recent data highlighting a troubling increase in fatalities. In 2024, the city recorded 38 pedestrian deaths on surface streets, marking a significant rise from previous years. Understanding the intricacies of Illinois right-of-way laws is crucial for both drivers and pedestrians to navigate the streets safely and determine liability in the event of an accident.
The Rise in Pedestrian Fatalities in Chicago
Despite a general decline in overall traffic fatalities in Illinois, pedestrian deaths have surged. According to the Illinois Department of Transportation, in 2024, there were 219 pedestrian fatalities statewide, a 9.5% increase from the 200 recorded in 2023 . In Chicago alone, pedestrian deaths on surface streets reached 38, underscoring the city’s unique challenges in ensuring pedestrian safety.
The Chicago Department of Transportation points to several factors contribute to this alarming trend:
- Vehicle Speed and Size: High-speed driving was involved in 68% of Chicago traffic deaths, and nearly half of the pedestrians killed were struck by SUVs or larger vehicles.
- Reckless Driving: A staggering 84% of traffic deaths in the city involved reckless behavior by drivers.
Illinois Right-of-Way Laws: A Closer Look
Illinois law outlines specific scenarios where drivers must yield to pedestrians, aiming to protect those on foot. Key provisions of the Illinois Vehicle Code include:
- Marked and Unmarked Crosswalks: Drivers must stop and yield to pedestrians crossing within any crosswalk, marked or unmarked, especially when the pedestrian is on the driver’s side of the roadway or approaching closely from the opposite side.
- Turning Vehicles: When turning at intersections, drivers are required to yield to pedestrians crossing the street.
- School Zones: On school days between 7 a.m. and 4 p.m., drivers must stop and yield to pedestrians in crosswalks near schools when children are present.
- Pedestrians with Disabilities: Drivers must yield to the right-of-way of any pedestrian with clearly visible disabilities, regardless of whether they are in a crosswalk or not.
Determining Fault in Pedestrian Accidents
In Illinois, fault in pedestrian accidents is determined based on the principle of comparative negligence. This means that if a pedestrian is found to be partially at fault for the accident, their compensation may be reduced proportionally. However, if they are more than 50% at fault, they may be barred from recovering damages.
Scenarios Impacting Fault Determination:
- Jaywalking: Pedestrians crossing outside of crosswalks or against traffic signals may be found partially or fully at fault.
- Distracted Walking: Pedestrians engrossed in mobile devices may not notice oncoming traffic, affecting fault assessments.
- Driver Distraction or Impairment: If a driver is texting, under the influence, or otherwise distracted, they may bear greater responsibility.
Steps to Take After a Pedestrian Accident
If you’re involved in a pedestrian accident in Chicago, consider the following steps:
- Seek Immediate Medical Attention: Even if injuries seem minor, it’s essential to get evaluated.
- Report the Incident: Call 911 to report the accident and ensure a police report is filed.
- Gather Evidence: Collect contact information from witnesses, take photographs of the scene, and note any traffic signals or signs.
- Consult an Attorney: Engage a Chicago personal injury attorney experienced in pedestrian accidents to navigate the legal complexities and advocate on your behalf.
Contact the Top-Rated Chicago Pedestrian Accident Lawyers at John J. Malm & Associates
If you or a loved one has been injured in a pedestrian accident in Chicago, don’t wait to get the legal help you deserve. Fault in these cases can be complex, and insurance companies often try to shift blame onto the pedestrian. At John J. Malm & Associates, we understand Illinois right-of-way laws and know how to fight for maximum compensation. Contact us today for a free consultation—we’ll review your case, explain your rights, and help you take the next steps toward justice and recovery.