Who Is Responsible for a Pedestrian Accident?

 Posted on December 00, 0000 in Car Accidents

Pedestrian accidents can be fatal and it may seem obvious who is at fault for the accident, Illinois law may see it a different way. Although pedestrian deaths were down from the year prior, 5,977 people in the United States lost their lives due to being hit by a car.

As a fault state, Illinois breaks down damages by whose fault the accident was. When it comes to pedestrian accidents, it breaks down to who has the right of way. This is the legal right for a vehicle or pedestrian to proceed first when on the road. For example, at a four-way stop, the first driver to arrive at the intersection has the right of way, and then the driver to the right then has the legal right to cross.

There are two opportunities where a pedestrian can be hit while crossing the street - in a crosswalk and outside a crosswalk. Crosswalks are the safest point for people to cross, and pedestrians are often given the right of way - but that does not mean that a pedestrian cannot be blamed for an accident in a crosswalk. It is unlawful to cross in front of a moving vehicle close enough to cause danger to yourself and the driver. If there is no light system, then drivers must yield to pedestrians crossing the street in the crosswalk if the people on foot are halfway, or further, across the road. Drivers behind a stopped vehicle at a crosswalk may not lawfully pass.

If there is no crosswalk, vehicles have the right of way when pedestrians are trying to cross. Pedestrians should wait for vehicles to pass before safely crossing the street. If there are operational crosswalks available to cross with, pedestrians should only cross in the marked area. The only exception of when a person can lawfully cross elsewhere is if they have a disability and the crosswalk is not accessible. Right of way is still given to vehicles in this scenario. When crossing, pedestrians should adhere to crossing signs and lights. Pedestrians cannot lawfully cross an intersection diagonally unless authorized by the later.

If a pedestrian is not following the law, then the driver may attempt to argue that they caused their own harm. While a pedestrian may be considered partially liable for an accident, if a driver was being negligent, they can also be at fault.

Contact an Illinois Pedestrian Accident Attorney

When the circumstances of an accident are complicated, an experienced Orland Park pedestrian accident attorney can make a difference in the outcome of a personal injury case. Set up a free consultation by calling our office at 708-966-2408.

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-1002

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-1003