Can a Pedestrian Be At-Fault in an Accident?

 Posted on December 14, 2023 in Personal Injury

In Illinois, like most states, the rules of the road prioritize pedestrians. However, there are circumstances where pedestrians can be held partially or entirely at-fault for accidents, especially those involving vehicles. If you live in Illinois and were involved in an accident involving a pedestrian and you suffered injuries, it may be worth pursuing an injury claim. You have rights that you may not be aware of. Your attorney will work with you today to examine your case's details while ensuring your rights are protected.

Legal Framework in Illinois

Illinois follows a modified comparative negligence system. This means that the involved parties can share fault in an accident. According to the Illinois Vehicle Code, pedestrians have the right of way at crosswalks and intersections, but they must exercise reasonable care for their own safety. If a pedestrian fails to exercise reasonable care for their own safety, there may be a finding of comparative fault, reducing the amount of compensation a pedestrian can receive. 

Under Illinois law, pedestrians can be found partially at-fault for an accident if they contributed to the cause of the accident. For example, if a pedestrian jaywalks or crosses against a traffic signal, their actions may be considered negligent. In such cases, the pedestrian's percentage of fault will be determined, and any compensation awarded will be reduced accordingly.

Comparative Fault in Illinois

In Illinois, the doctrine of comparative fault allows for allocating responsibility between parties involved in an accident. If a pedestrian is found partially at-fault, their compensation can be reduced proportionally. For instance, if pedestrians are deemed 20 percent at fault for the accident, their potential compensation will be reduced to 20 percent. 

Potential Exceptions and Special Circumstances

Notably, certain situations may limit or eliminate a pedestrian's liability. For instance, if the driver involved in the accident was under the influence of drugs or alcohol, speeding, or violating traffic laws, the pedestrian's fault may be diminished or completely disregarded. 

Contact a Joliet, IL Pedestrian Accident Attorney

While pedestrians generally enjoy the right of way in Illinois, they are not immune from being held partially at-fault for accidents. Understanding the legal framework surrounding pedestrian accidents is important for both pedestrians and drivers to ensure road safety and protect their rights in the event of an accident. If you were involved in a pedestrian-related accident, contact the efficient Will County, IL pedestrian accident lawyers with Schwartz Injury Law. Call 708-888-2160 for a free consultation.