Can a Pedestrian Be At-Fault in an Accident?

 Posted on February 28, 2025 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 hit by a car, truck, CTA bus, or motorcycle 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. At Schwartz Injury Law, our personal injury lawyers can fight for your best interests and argue for fair compensation on your behalf.

Modified Comparative Negligence Laws 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.

Insurance companies will look for any loophole to avoid paying for your damages. At Schwartz Injury Law, we will do everything we can to reduce your fault in the collision so that you can get the most out of your claim. Our lawyers have trial experience, and if necessary, we are ready to go to court to advocate for your rights.

How is Liability Determined in Pedestrian Accidents?

Identifying the party at fault for a pedestrian accident requires a thorough investigation. Depending on where the accident took place, your attorney may be able to recover footage from traffic cameras or CCTV footage from a nearby business. If there was dashcam footage showing how the accident occurred, it could play a vital role in determining fault. Additionally, photos of the vehicle with dents showing where the pedestrian was struck could give the insurance company a better idea of what happened.

Aside from evidence of fault, you should also be ready to present medical documentation showing the full extent of your injuries. If you were injured in a pedestrian accident, you should seek out medical attention at an urgent care center for an examination from a doctor. At Schwartz Injury Law, we will advocate for the full value of your claim based on the harm done to you.

Potential Exceptions and Special Circumstances

Notably, certain situations may limit or eliminate a pedestrian's liability, even if he or she would otherwise have partially been at fault. 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.

If you were struck by a drunk or reckless driver, our lawyers will take an aggressive stance to minimize your fault for the accident even if you did not have the right of way. We could even argue for additional punitive damages in cases of extreme negligence, like a drunk driver who was well over the legal limit for alcohol in his or her system.

Injuries in Pedestrian Accidents

Pedestrians usually suffer serious injuries in accidents with vehicles of any kind. The force of the impact from a large vehicle, like a bus or a truck, can lead to severe injuries like internal hemorrhaging, brain damage, major bone breakage, and more. Furthermore, pedestrians often suffer injuries from more than one impact – first they come into contact with a vehicle and then they are thrown to the ground. However, even a slow-moving car can cause life-threatening injuries, especially if the victim was a child or an elderly person.

When an injury is so severe that it leaves you permanently disabled or disfigured, it is referred to as a catastrophic injury. At Schwartz Injury Law, our attorneys can argue for long-term compensation that covers your need for a stable income, as well as compensation for damage to your quality of life or loss of enjoyment. Since catastrophic injuries can affect the rest of your life, it is critical that you secure maximum compensation for your losses.

Fatal Pedestrian Accidents

In the worst-case scenario, pedestrian accidents can kill. If you have lost a close family member to a negligent driver in a pedestrian accident, you can file a wrongful death claim to recover payment for certain losses.

Compensation in a wrongful death claim for a pedestrian accident may factor in the cost of a funeral, emergency room expenses and an ambulance trip, and the loss of income the deceased person would have brought to your household. At Schwartz Injury Law, we will aggressively contest allegations of wrongdoing by your loved one, fighting for justice on your behalf.

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.

At Schwartz Injury Law, we have the experience and the resources to take on complex car accident claims. Over the years, we have secured millions in verdicts and settlements for our clients in hard-fought cases. We know there is a human being behind every personal injury claim, and so, we strive to provide compassionate legal services to those in need.

If you were involved in a pedestrian accident, contact the Will County, IL pedestrian accident lawyers with Schwartz Injury Law. When you work with our firm, you will only be billed if we help you secure compensation. Call 708-888-2160 for a free consultation.