Written by If you are wondering whether a jaywalking accident can still result in a lawsuit, the honest answer under Illinois law is yes — in most cases. Being hit by a car outside a crosswalk does not automatically disqualify you from recovering compensation. Illinois uses a modified comparative fault system, and what matters is the relative percentage of fault between you and the driver, not simply whether you were crossing at a marked crosswalk or not.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
What Illinois Law Says About Pedestrians Outside Crosswalks
Illinois law does impose duties on pedestrians who cross outside of a marked or unmarked crosswalk. Under 625 ILCS 5/11-1003, a pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection must yield the right-of-way to all vehicles upon the roadway. The statute also requires pedestrians crossing at such locations to cross only at a right angle to the curb or roadway, or by the shortest route to the opposite side.
These are real legal obligations, and insurers routinely cite them when arguing that a pedestrian bears significant fault for a mid-block crash. But having a duty to yield is not the same as being legally responsible for an entire collision. Illinois law gives drivers their own set of obligations that run alongside and independent of pedestrian duties.
Drivers Owe a Duty of Care to Pedestrians Everywhere — Not Just at Crosswalks
625 ILCS 5/11-1003.1 requires every driver of a vehicle to exercise due care to avoid colliding with any pedestrian upon any roadway. This statute does not limit the driver’s obligation to marked crosswalks or intersections. A driver who strikes a pedestrian at any location — at a crosswalk, mid-block, or anywhere on a roadway — can be held liable for failing to exercise due care, regardless of where the pedestrian was crossing.
This is an important point. The driver’s duty to see and avoid pedestrians exists at all times and in all locations. Evidence that a driver was speeding, distracted, failed to slow for reduced visibility, or did not react in time even after the pedestrian became visible can establish the driver’s fault independent of whether the pedestrian was crossing legally.
Illinois Modified Comparative Fault and the 51% Bar
Illinois governs how fault is shared between parties in personal injury cases through 735 ILCS 5/2-1116, the modified comparative fault statute. Under this law, a plaintiff’s damages are reduced by their percentage of fault — but they can still recover as long as their share of fault does not exceed 50 percent. If a plaintiff is found 51 percent or more at fault, recovery is barred entirely.
Applied to a mid-block pedestrian crash, this means a jury could find that the pedestrian was 30 percent at fault for crossing outside a crosswalk and the driver was 70 percent at fault for failing to maintain a proper lookout. In that scenario, the pedestrian recovers 70 percent of their total damages. The pedestrian’s violation of the yield duty under 625 ILCS 5/11-1003 reduces damages but does not eliminate the claim.
The 51% bar is a real risk. In cases where the facts are close — a pedestrian who stepped out suddenly from between parked cars in a poorly lit area — an insurer may aggressively argue for a fault allocation at or above the bar. Documenting what the driver was doing, road conditions, vehicle speed, and sight lines is essential to keeping the pedestrian’s share of fault below the threshold.
How Fault Is Evaluated in Mid-Block Pedestrian Crashes
Investigators and attorneys look at a range of factors when evaluating fault in crashes that occur outside crosswalks. These include:
- The posted speed limit and the driver’s actual speed at the time of impact
- Whether the driver was using a phone, eating, or otherwise distracted
- The visibility of the pedestrian — distance, lighting, clothing, and obstacles
- How long the pedestrian was in the roadway before impact and whether a reasonably attentive driver would have had time to stop
- Whether traffic signals or crosswalks were nearby and whether the pedestrian crossed close to them
- Road conditions, weather, and time of day
- Any vehicle data recorder information showing speed, braking, and steering inputs before impact
A fact pattern where the pedestrian was crossing at a 90-degree angle, the driver was traveling 10 mph over the limit, and the pedestrian was visible for several hundred feet before impact will typically produce a fault allocation very different from a case where the pedestrian ran across mid-block at night between parked vehicles. Each crash is fact-specific.
Don’t Accept an Insurer’s Fault Assessment Without Legal Review
Insurance adjusters routinely lead with arguments that a pedestrian bears most or all of the fault for a mid-block crash. These assessments are made in favor of the insurer’s financial interest, not as neutral legal conclusions. Accepting an early settlement or agreeing to a fault allocation without independent legal review often means leaving significant compensation on the table.
For anyone dealing with injuries after being hit by a vehicle outside a crosswalk, the same legal framework applies to all pedestrian accident cases across Illinois. More information about how Illinois law handles these claims is available through our overview of pedestrian accident claims in Illinois.
Talk to a Chicago Attorney — Free Consultation
If you were hit by a car outside a crosswalk in Illinois, Phillips Law Offices can review your case and give you an honest assessment of your options under the state’s comparative fault rules. We represent injured pedestrians throughout Chicago and the surrounding area. Call (312) 346-4262 or reach us through our contact page to set up a free consultation. Attorney review of all pedestrian injury matters is required before any action is taken.