Hit by a Car Outside a Crosswalk in Illinois: Who Is Liable for Your Injuries?

If you were hit by a car outside a crosswalk in Illinois, liability depends on the facts of the accident, not automatically on where you crossed. State law does not prevent injured pedestrians from recovering compensation simply because they jaywalked. Drivers still owe a duty of care to avoid collisions and sometimes fall short of this duty because of behaviors such as speeding, driving distracted, or driving under the influence. Illinois comparative fault rules determine whether and how much compensation you, as a pedestrian, can recover.

An Illinois pedestrian accident lawyer can offer insight. Call DePaolo Zadeikis & Pino, LLC at 312-263-7560 for guidance in the Chicago area.

Who Is Liable When a Pedestrian Is Hit by a Car Outside a Crosswalk in Illinois?

Negligence forms the basis of Illinois pedestrian accident liability. Even when a pedestrian crosses outside a marked crosswalk, the driver is not automatically off the hook.

Drivers Could Bear Responsibility

Liability depends on if the driver acted reasonably under the circumstances and if the pedestrian did the same. Drivers in Illinois have a continuous duty to keep a proper lookout for pedestrians and other roadway users, obey speed limits, adjust their driving to traffic, weather, and visibility conditions, and take reasonable steps to avoid pedestrians.

If drivers speed, drink, drive distracted, ignore poor visibility, or do not brake in time, they may be the main parties responsible for pedestrian injuries. This could be true even if pedestrians were walking outside of crosswalks.

Pedestrians have obligations, too. If they are crossing outside a crosswalk, state law generally requires them to yield the right of way to vehicles. Yielding does not mean drivers can hit them. It means pedestrians should cross when conditions are reasonably safe and that drivers should act to prevent foreseeable harm.

When pedestrians are hit, their injuries can be serious, even fatal. About 6.63% of workers in Chicago commute by walking, which means a pedestrian injury for them can disrupt not just their health, but their daily life and employment if walking to work is no longer possible.

Even a relatively minor injury may lead to significant medical expenses, lost income from missed work, reduced earning capacity or job loss, and ongoing rehabilitation costs. Pedestrians may also seek compensation for pain and suffering, emotional distress, and loss of normal activities.

Other Parties Could Be Responsible

Other parties share liability in some cases. For example:

• Government entities, when inadequate signage, malfunctioning signals, or poor roadway design contributed to the crash
• Property owners, if overgrown landscaping or obstructions blocked sight lines
• Yet another driver, such as in multivehicle or chain-reaction crashes

The facts are different in each case. Each claim could benefit from a personal injury lawyer investigating the particulars.

Can a Pedestrian Still Recover Compensation if They Were Jaywalking in Illinois?

Because state law looks at shared fault, if you were hit by a car outside a crosswalk in Illinois, you could recover damages if the driver’s negligence contributed to the crash. Common scenarios include a driver speeding through a residential area, a driver who failed to slow down adequately despite seeing the pedestrian, a distracted driver who did not notice the pedestrian in time, and a driver who fled the scene in a hit-and-run, which could strongly support driver fault.

Insurance companies often try to use jaywalking as a shortcut argument to deny claims. In reality, fault is rarely that simple. Considerations include timing, distance, lighting, visibility, traffic flow, and driver reaction time, not just whether a crosswalk was present.

If you were partially at fault, that does not end the analysis. It simply affects the calculation of damages under state law.

How Do Illinois Comparative Fault Laws Affect Pedestrian Injury Claims Outside Crosswalks?

Under the Illinois modified comparative fault system, you can recover compensation as long as you are 50% or less at fault for the accident. Compensation reduces by your percentage of fault.

For instance, if you are found 20% at fault and your damages total $100,000, you can recover $80,000. If you are 49% at fault, you may recover $51,000. If you are 51% at fault, the law bars you from recovering compensation.

Factors that influence fault allocation include vehicle speed and stopping distance, whether the driver had enough time to react, lighting and weather conditions, whether the pedestrian was visible, road design issues or inadequate signage, and the driver’s behavior right before the impact. In addition to crossing outside the crosswalk, pedestrian conduct such as texting or being distracted can increase the pedestrian’s share of fault. Never make assumptions about your own percentage of fault. You may not know what exactly anyone did, why, or how.

An Illinois pedestrian accident lawyer can investigate liability in more depth and see if it makes sense to seek compensation if you are hit by a car outside a crosswalk. For help in the Chicago area, contact us today at DePaolo Zadeikis & Pino, LLC.

FAQs About Being Hit by a Car Outside a Crosswalk and Liability

Who is at fault if I was hit by a car while crossing outside a crosswalk in Illinois?
Fault depends on the circumstances. Drivers can be primarily liable if they were speeding, distracted, or failed to avoid a visible pedestrian, even outside a crosswalk.

Can I still file a claim if the driver says I was jaywalking?
Jaywalking does not automatically bar a claim in Illinois. You can recover compensation if you were not more than 50% at fault.

Should I contact an Illinois pedestrian accident attorney after being hit by a car?
A pedestrian accident lawyer can protect your rights, challenge unfair fault claims, and pursue the full compensation to which you are entitled.