Chicago is one of the most walkable cities in America. With that said, the increased number of pedestrians can create unique challenges for other motorists on the road.
To keep every traveling Chicagoan safe, pedestrians, bicyclists, and motorists should be familiar with the pedestrian right-of-way laws in Chicago.
In this Article:
- Illinois Pedestrian Right-of-Way Laws
- Is Jaywalking Illegal in Chicago
- Who’s At Fault for Pedestrian Accidents?
- When to Contact a Pedestrian Accident Lawyer
Illinois Pedestrian Right-of-Way Laws
Pedestrian right-of-way laws in Illinois can be difficult to grasp at first. For the most part, cars should always be aware of and yielding to pedestrians. When it comes down to it, the driver is operating one to two TONS of machinery.
When a Driver Must Come to a Complete Stop
Illinois pedestrian right-of-way laws mandate that drivers must come to a complete stop under certain conditions to ensure pedestrian safety. These conditions include:
Illinois laws require drivers to stop completely in specific situations to protect pedestrians:
- In marked crosswalks, always stop if a pedestrian is crossing.
- Near school zone crosswalks on school days, stop when children are nearby.
When a Driver Must Yield to a Pedestrian
Drivers must yield to pedestrians in various scenarios to ensure safety:
- In unmarked crosswalks on the driver’s side without traffic signals
- When turning at intersections
- Turning right on red after a complete stop
- At stop signs or flashing red signals
- When a pedestrian starts crossing before the light changes
- With a green light or walk signal
- When exiting or entering from alleys, buildings, private roads, or driveways
- At intersections with a flashing yellow arrow
Additionally, drivers must always yield to highway construction workers and individuals with disabilities.
Is Jaywalking Illegal in Chicago
Jaywalking, or crossing the street outside of a designated crosswalk, is generally discouraged in Chicago but not necessarily illegal. According to local regulations, drivers must yield to pedestrians when they are in an unmarked crosswalk on the driver’s side of the road and there are no traffic control signals. However, when pedestrians choose to cross at any place other than a marked or unmarked crosswalk, they must yield the right of way to drivers.
Additionally, pedestrians are advised not to walk on roadways unless there is no available sidewalk or shoulder. If no sidewalk is present, pedestrians should walk as far from the edge of the road as possible. On highways without sidewalks but with shoulders, pedestrians should walk on the shoulder, maintaining the maximum distance from the roadway.
In areas with two-way traffic, it is recommended that pedestrians walk facing oncoming traffic to increase visibility and safety. These guidelines aim to protect pedestrians by keeping them out of the direct path of vehicles whenever possible.
Who’s At Fault for Pedestrian Accidents?
Determining fault in pedestrian accidents can be complex and depends on the specific circumstances of each incident. Generally, drivers are expected to exercise a high degree of care to avoid collisions with pedestrians, especially in areas where pedestrians are likely to be present, such as crosswalks and intersections.
If a driver fails to yield the right of way, drives recklessly, or is distracted (e.g., by using a cell phone), they can be found at fault for an accident. Traffic laws typically place a significant burden on drivers to be vigilant and cautious, recognizing the vulnerability of pedestrians.
However, pedestrians also have a responsibility to adhere to traffic regulations and exercise caution. If a pedestrian crosses the street outside of a designated crosswalk (jaywalking), ignores traffic signals, or behaves unpredictably, they may be found partially or fully at fault for an accident.
Comparative fault, a legal principle applied in many jurisdictions, allows for the assignment of fault to both the driver and the pedestrian based on their respective contributions to the accident. This means that even if a pedestrian is partly at fault, they may still recover some damages, although their compensation might be reduced by their percentage of fault.
When to Contact a Pedestrian Accident Lawyer
Pedestrians are at a much higher risk for injury in an accident due to the lack of protection around them. Drivers have the safety of their vehicles. This is why, ultimately, drivers should always be prepared to yield the right-of-way to pedestrians.
Pedestrians who have been injured in an accident should reach out to a pedestrian accident lawyer as soon as possible. Odds are — the accident caused injuries that required medical attention, resulting in expensive hospital bills and possibly lost wages during recovery.
An attorney would be able to negotiate with insurance companies and the at-fault party so you are compensated for the financial impact of being hit by a car. At Disparti Law Group, we work hard to get the maximum settlement for our clients. Contact us today for a FREE case review. Call (312) 600-6000 and find out why thousands say… Larry wins!
