It’s normal for individuals to think pedestrians always have the right of way. However, this isn’t necessarily true, even in the highly pedestrian-friendly state of Illinois. While Illinois law does provide significant protections to pedestrians, there are rules pedestrians must follow as well. It’s important for both drivers and pedestrians to know and follow the rules so everyone is safe on the road.
When Pedestrians Do Have the Right of Way
Pedestrians do have the right of way in several specific circumstances in Illinois:
- At Marked Crosswalks – Drivers are required to yield to pedestrians crossing the road at marked crosswalks, regardless of whether there are traffic signals or stop signs.
- At Unmarked Crosswalks at Intersections – Even if a crosswalk isn’t painted, intersections still count as crosswalks under the law. Drivers must stop for pedestrians crossing at these spots.
- When Turning – If a vehicle is turning and a pedestrian is crossing the road, the driver must yield to allow the pedestrian to finish crossing safely.
- School Zones – Extra precautions are taken in school zones, particularly where children are present or when crossing guards are working.
In these cases, vehicles are legally bound to stop and give pedestrians an opportunity to cross safely.
When Pedestrians Do Not Have the Right of Way
Pedestrians also have to obey traffic rules. This includes instances when they do not possess the legal right of way, such as:
- Crossing Outside of a Crosswalk, or Jaywalking – Pedestrians crossing between intersections or in areas without crosswalks must give way to traffic. Motorists have no obligation to stop unless it is unsafe to drive by.
- Ignoring Traffic Signals – If a pedestrian steps into the crosswalk during an interval when the pedestrian signal says not to walk, they are not technically right and may be at fault if there is a crash.
- Unexpected Entrances onto Streets – Even at crosswalks, pedestrians should not suddenly leave the curb and walk into the path of an oncoming vehicle that doesn’t have time to stop.
Who’s to Blame in an Accident
Discovering who is at fault in a pedestrian accident can be a complicated matter. Illinois has a comparative negligence statute, so it is possible for more than one party to be responsible. If the pedestrian was somewhat responsible, such as by jaywalking or being on their phone and distracted, their financial recovery would be reduced by their fault percentage.
Contact a Personal Injury Attorney
Drivers and pedestrians have a responsibility to follow traffic regulations and be careful towards each other. Whether driving or walking, staying alert and watchful will prevent accidents and save lives. If you are a pedestrian victim of a car accident who has obeyed all traffic laws while on the road, an experienced personal injury attorney like Jon E. Rosenstengel can help you fight for justice and compensation for your injuries. Contact Bonifield & Rosenstengel, P.C., today and let us help you fight for the compensation you need to recover.