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Pedestrian Accidents
Car or truck accidents involving pedestrians oftentimes cause serious injury or death. If you were a pedestrian who was struck by a car or a truck you may be entitled to compensation. The circumstances surrounding the collision, the conduct of the driver, your location at the time of impact and the nature of the injury suffered affect whether compensation is available. Our firm has the experience necessary to evaluate the issues of liability and damage, protect your rights and maximize the compensation you receive. Contact us today for a free case evaluation.
Frequently Asked Questions
What are the rights of a pedestrian under Illinois law?
Illinois law grants pedestrians the right-of-way at all crosswalks. Drivers of a car or truck must yield the right-of-way to pedestrians within a crosswalk, slowing down or stopping if needed to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling. A car or truck driver must also slow or stop his vehicle as needed when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
The obligation of a driver of a car or truck to slow or stop his vehicle in response to a pedestrian does not apply when the pedestrian is crossing between adjacent intersections at which traffic control signals are in operation.
Illinois law provides that 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. This applies even when a crosswalk is present.
Illinois law further governs the conduct of a driver entering an intersection controlled by stop signs or flashing red signals that also bears a crosswalk. Drivers of cars or trucks must stop before entering the nearest crosswalk and pedestrians within or entering the crosswalk at either edge of the roadway have the right-of-way over vehicles that are stopped. The protection that is provided by the Illinois Motor Vehicle Code for pedestrians crossing at an intersection with crosswalks is substantial.
What if a pedestrian is crossing at an intersection without a marked crosswalk?
The law recognizes that not every intersection provides marked crosswalks. Pedestrians crossing at an intersection within an unmarked crosswalk have the same rights as those pedestrians at intersections with marked crosswalks. Drivers of cars or trucks must yield the right-of-way to pedestrians when they are crossing at an intersection with a marked or unmarked crosswalk.
What if the pedestrian is crossing the street outside of a crosswalk?
The Illinois Motor Vehicle Code provides that every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to the vehicles upon the roadway. This provision does not allow drivers to ignore the presence of pedestrians on the roadway. Rather, Illinois law provides that every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon the roadway. Drivers are also required to give warning by sounding the horn when necessary and must exercise proper precaution upon observing any child or any incapacitated person upon a roadway. The issue of whether the driver of a vehicle or a pedestrian violated the Illinois Motor Vehicle Code in crossing a roadway is an issue for a jury to decide.
What if the pedestrian is hit by an uninsured driver?
If the driver of a motor vehicle is uninsured and strikes a pedestrian causing him injury, the pedestrian may be entitled to uninsured motorist benefits through their own insurance carrier. Many people do not recognize that their automobile insurance coverage may provide coverage in this situation. Automobile policies provide uninsured motorist benefits for their insureds who suffer bodily injury caused by an accident that arises out of the ownership, maintenance or use of an uninsured auto. It oftentimes does not matter whether the injury was suffered while the insured person was a pedestrian or occupant of a vehicle. Whether you are entitled to uninsured motorist benefits depends upon careful review of your insurance policy and the circumstance surrounding the collision and the nature of the injuries suffered.
What if the driver has limited insurance coverage?
A pedestrian who suffers injury as the result of an underinsured motorist may be entitled to benefits pursuant to their own underinsured motorist policy. Most automobile policies provide underinsured coverage similar to the coverage described above. Such coverage protects you when the insurance of the driver is more limited than the coverage you purchased through your own insurer and the compensatory value of your claim exceeds the limits of the other driver's policy.
An example of an underinsured motorist claim is as follows:
Pedestrian is struck by a car in a crosswalk. Pedestrian suffers a broken leg. Pedestrian seeks compensation from driver's insurer whose policy is limited to $20,000.00. Pedestrian is insured by a policy with a limit of $100,000.00. Pedestrian may be entitled to the $20,000.00 policy limit from driver's insurer and an additional $80,000.00 payment pursuant to his own underinsured motorist coverage.
Whether you are entitled to underinsured motorist benefits depends upon careful review of your insurance policy, the policy of the driver, the circumstance of the collision and the nature of the injury suffered.
What evidence may be useful in determining the fault of a driver striking a pedestrian?
A number of factors must be assessed in determining whether the driver of a car or truck is at fault for striking a pedestrian and causing injury. The statements of the driver and pedestrian as well as any witness statements can be critical. Physical evidence including the degree and location of damage the car or truck sustained must be analyzed. The markings on the roadway such as skid marks may also be useful. Depending upon the nature and extent of the injuries the pedestrian suffered, the investigating police department may complete a reconstruct the accident. This oftentimes provides useful information detailing the resting point of the pedestrian and vehicle, the physical evidence at the scene and a collection of witness observations. If such a reconstruction was not performed, our firm has on occasion retained an accident reconstructionist to perform an independent evaluation. The need for such an evaluation depends upon the evidence at issue in each case.
What if a truck strikes a pedestrian?
Many of the issues involved in trucks striking pedestrians are the same as those described above. The Illinois Motor Vehicle Code applies to both car and truck drivers. As noted in the Truck Accident section of this website, truck driver conduct is highly regulated and raises issues different than the common car accident. For example, professional trucking associations as well as the Federal Highway Administration and U.S. Department of Transportation have published a Commercial Vehicle Preventable Accident Manual which addresses countermeasures for truck operators. The Guide provides methods to limit the number of truck accidents including those with pedestrians. The countermeasures include the following:
- Equipment issues including broken mirrors, loose mountings, horn operation and adequate indirect vision devices;
- The truck driver must consider that it is difficult for pedestrians to correctly judge how fast a tractor trailer is approaching;
- The difficulty seeing pedestrians when operating a tractor trailer at night;
- If the tractor trailer is not turned widely enough, it may run onto the sidewalk striking a pedestrian;
- Pedestrians oftentimes walk or stand in blind spots in front of and to the right of a tractor trailer thereby requiring the operator to scan around the vehicle thoroughly when pedestrians are present.
In addition to these considerations, the manner in which the truck was loaded, the qualifications of the truck driver and the condition of the vehicle must be assessed. A thorough review of the driver's conduct is necessary to determine a pedestrian's right to compensation for injuries suffered.
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