Jaywalking and Pedestrian Accidents in Illinois

 Posted on April 30, 2024 in Personal Injury

In the bustling streets of Illinois, pedestrian accidents involving jaywalking can raise important legal questions involving fault and liability. While jaywalking is indeed considered a traffic violation, pedestrians involved in accidents still have legal options under the concept of comparative negligence. Accordingly, if you were injured in a pedestrian accident, contact a lawyer for assistance pursuing the compensation which may be owed to you. 

The accomplished legal team at Schwartz Injury Law is no stranger to assisting those injured as a pedestrian. With a demonstrated track record of obtaining major multimillion-dollar settlements, clients can trust our firm to deliver when it matters most. 

What is Jaywalking?

Jaywalking, or crossing a street outside designated crosswalks or against traffic signals, is a common issue in urban areas like Illinois. While jaywalking is a traffic violation and can contribute to pedestrian accidents, it does not automatically absolve drivers of his or her duty to operate a motor vehicle in a cautious manner while yielding to pedestrians on the road.

What Does Comparative Negligence Mean?

In Illinois, comparative negligence is a legal principle that applies to personal injury cases, including pedestrian accidents. Comparative negligence allows for fault to be allocated between parties based on the respective level of negligence. In the context of jaywalking, this means that even if a person committed the unlawful act of jaywalking at the time of the accident, they may still be eligible to recover damages if the driver involved in the accident was also negligent in some way. 

Fault May Be Shared After an Illinois Pedestrian Accident

In cases involving jaywalking and pedestrian accidents, both the pedestrian and the driver may share fault for the incident. For example, if a pedestrian is jaywalking but the driver is speeding or texting while driving, both parties may be deemed partially at fault. In situations like this, the damages awarded to the pedestrian may be reduced depending on his or her degree of fault. 

Injured While Jaywalking? Speak with an Attorney

Pedestrians injured in accidents involving jaywalking can still pursue compensation for his or her injuries through a personal injury claim. Working with an attorney experienced in pedestrian accidents and comparative negligence law will give you a distinct advantage when it comes time to pursue damages. 

Contact Our Kendall County, IL Personal Injury Attorney

Just because you were injured while jaywalking does not mean you have totally missed your chance of obtaining compensation. For legal help, contact the esteemed Will County, IL personal injury lawyers with Schwartz Injury Law. Call 708-888-2160 for a free consultation.