In 2004, 4,641 pedestrians were killed at traffic crashes in the United States. On average a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes according to statistics compiled by the National Highway Traffic Safety Administration. Most pedestrian fatalities in 2004 occurred in urban areas, at non-intersection locations, in normal weather conditions and at night. Nearly 20% of the children between the ages of 5-9 killed in traffic crashes in 2004 were pedestrians. Car accidents involving pedestrians oftentimes cause serious injury to death. Our firm has experience representing pedestrians who are victims of car accidents. This section addresses many of the concerns raised and issues which must be addressed in a case involving a pedestrian hit by a car.


Who is a pedestrian?

A pedestrian is defined as "any person of foot, including the person with a physical, hearing or visual disability." People using a wheelchair are considered pedestrians as are people wearing roller skates or riding a skateboard.

As noted in the introduction above, many victims of pedestrian accidents are children. Illinois law provides that children under the age of 7 are not capable of being contributorily negligent. The issue of the driver's fault would therefore be the exclusive issue in defining liability. CUT & PASTE remaining questions beginning with What are the rights of a pedestrian under Illinois law? to What if a truck strikes a pedestrian?

Illinois Vehicle Code and the Applicable Case Law

What are the obligations of a pedestrian under Illinois law?

The Illinois Vehicle Code defines the obligations of a pedestrian and drivers encountering a pedestrian in the roadway. The Vehicle Codes provides in part as follows:

• When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping and may need to yield to a pedestrian crossing the roadway within the crosswalk when the pedestrian is upon the half of he roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
• No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.
• Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
• Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers must yield the right-of-way to pedestrians.
• Although pedestrians have the right-of-way to crosswalk, the pedestrian must exercise ordinary care for his or her own safety. Whether a pedestrian exercised due care for his or her own safety is ordinarily a question for a jury. Drivers of vehicles do not have rights superior to those of pedestrians in using a street crossing and the pedestrian and driver of the vehicle must each look out for the other so that accidents may not happen. Their duties are equal and mutual.
• If rays of sun are reflecting into a driver's face, the driver has a duty to exercise considerable caution in driving over a crosswalk where pedestrians might reasonably be walking. It is the obligation of the motorist if he sees a pedestrian crossing the street to give reasonable warning of his approach and to use every reasonable precaution to avoid injuring the pedestrian and if necessary to stop his vehicle until he may safely proceed.
• A motorist approaching a street crossing located in a resident area must exercise appropriate care for people who might be in the act of crossing the street.
• Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection must yield the right-of-way to the vehicles upon the roadway.
• Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided must yield the right-of-way to all vehicles upon the roadway. Between adjacent intersection at which traffic control signals are in operation pedestrians must not cross at any place except in a marked crosswalk.
• No pedestrian may cross a roadway intersection diagonally.

Does the Automobile Insurance Protect a Pedestrian Hit by a Car?

If a pedestrian is hit by an uninsured driver, the pedestrian may be able to make an uninsured motorist claim. The pedestrian must be insured under a policy of automobile insurance which provides coverage in such a situation. Coverage need not specifically reference a pedestrian accident. A review of the applicable policy is necessary to determine whether coverage applies. This is an issue which should be addressed by an attorney. If the driver of the vehicle that hits a pedestrian carries limited insurance coverage, an underinsured motorist claim may be made against an injured person's automobile policy in some circumstances. Uninsured/underinsured motorists claims are addressed in the Car Accident section on this web site.

What if a truck hits a pedestrian?

The U.S. Department of Transportation has published a Commercial Vehicle Preventable Accident Manual which addresses countermeasures for truck operators. The Guide addresses countermeasures which should be taken by a truck driver to avoid accidents with pedestrians. The countermeasures include the following:

• The truck driver must consider that it is difficult for pedestrians to correctly judge how fast a tractor trailer is approaching;
  
• Truck drivers may have difficulty seeing pedestrians when operating a tractor trailer at night;
  
• If the tractor trailer is not turned widely enough, it may drive onto the sidewalk and strike a pedestrian when making a turn;
  
• Pedestrians oftentimes walk or stand in blind spots in front of or at the rear of a tractor trailer which requires the operator to scan around the vehicle thoroughly when pedestrians are or may be present.
  

Specific Federal regulations address the conduct of the truck driver and his employer. The Truck Accident Section of this web site addresses this issue in detail.

Conclusion

The circumstances surrounding the truck accident must be considered to determine the liability of the drivers and likelihood of success in recovering compensation for the injured person. Dwyer & McDevitt, Ltd. has experience litigating cases on behalf of pedestrians who have suffered injury in such an accident. If you have suffered injury as the result of a pedestrian accident and require legal assistance, our firm is available to help. Please contact our office for a free case evaluation.