Pedestrian Accidents at Crosswalks: Who Is at Fault?

Crosswalk Accidents Happen More Often Than You Think

Every year, hundreds of pedestrians are struck by vehicles at crosswalks in Chicago. Many people assume that a pedestrian in a crosswalk always has the right of way. That is mostly true, but the legal reality is more complicated. Fault in a crosswalk accident depends on several factors, including traffic signals, driver behavior, and what the pedestrian was doing at the time of the crash.

If you were hit by a car while crossing the street, you may be dealing with serious injuries, medical bills, and lost income. Understanding who is at fault can help you figure out your next steps.

What Illinois Law Says About Crosswalks

Under Illinois law (625 ILCS 5/11-1002), drivers must yield the right of way to pedestrians in marked crosswalks and at intersections. This applies when the pedestrian is on the driver’s half of the road or is close enough to be in danger. Drivers must slow down or stop to let pedestrians cross safely.

But this does not mean pedestrians can step into traffic without looking. Illinois law also says pedestrians cannot suddenly leave the curb and walk into the path of a vehicle that is so close it cannot stop in time. Both sides have responsibilities.

Marked vs. Unmarked Crosswalks

A marked crosswalk has painted lines on the road. An unmarked crosswalk exists at any intersection where two roads meet, even without painted lines. Drivers must yield to pedestrians in both types. Many drivers do not realize unmarked crosswalks exist. This leads to a large number of accidents at intersections without clear markings.

When the Driver Is at Fault

In most crosswalk accidents, the driver bears the majority of the blame. Common driver behaviors that cause crosswalk accidents include:

• Failing to stop at a red light or stop sign
• Making a right turn on red without checking for pedestrians
• Speeding through a yellow light while pedestrians are still crossing
• Distracted driving, such as texting or looking at a phone
• Failing to yield when making a left turn at an intersection
• Driving under the influence of alcohol or drugs

When a driver violates a traffic law and hits a pedestrian, that violation is strong evidence of negligence. This can be used in a personal injury claim or lawsuit to show the driver was at fault.

Left Turn Accidents

Left turns are one of the most dangerous maneuvers for pedestrians. A driver making a left turn is often focused on finding a gap in oncoming traffic. They may not see a pedestrian who has entered the crosswalk. In Chicago, many busy intersections see this type of crash during rush hour.

When the Pedestrian Shares Some Fault

There are situations where a pedestrian may share some responsibility for a crosswalk accident. Examples include:

• Crossing against a “Don’t Walk” signal
• Stepping into the road while looking at a phone
• Jaywalking or crossing outside the crosswalk
• Walking while intoxicated and stumbling into traffic

Illinois follows a modified comparative negligence rule. This means you can still recover compensation as long as you are not more than 50 percent at fault. If you are found 20 percent at fault, your compensation is reduced by 20 percent. If you are 51 percent or more at fault, you cannot recover anything.

How Fault Is Determined After a Crosswalk Accident

Determining fault requires evidence. After a crosswalk accident, the following types of evidence can help establish who was responsible:

• Traffic camera footage: Chicago has an extensive network of traffic and surveillance cameras. This footage can show exactly what happened.
• Witness statements: People who saw the accident can describe what the driver and pedestrian were doing.
• Police reports: Officers who respond to the scene document what they observe, including any traffic violations.
• Physical evidence: Skid marks, vehicle damage patterns, and the point of impact can help reconstruct the accident.
• Cell phone records: These can show whether the driver was texting or on a call at the time of the crash.

The Role of Traffic Signals

Traffic signals play a major role in fault determination. If you had a “Walk” signal and a driver ran a red light, that is clear evidence the driver was at fault. But if you crossed against the signal, the insurance company will argue you share blame. Even so, the driver still had a duty to watch for pedestrians and stop if possible.

Common Injuries in Crosswalk Pedestrian Accidents

Pedestrians have no protection against a moving vehicle. Even at low speeds, a car can cause severe injuries. Common injuries from crosswalk accidents include:

• Traumatic brain injuries from hitting the ground or the vehicle
• Broken bones in the legs, hips, and pelvis
• Spinal cord injuries that may cause partial or full paralysis
• Internal organ damage
• Deep cuts and road rash
• Knee and ankle injuries that require surgery

These injuries often require long hospital stays, multiple surgeries, and months of physical therapy. The financial cost can be overwhelming.

What to Do After Being Hit in a Crosswalk

If you are hit by a vehicle while crossing the street, take these steps if you are physically able:

1. Call 911. Get medical help and have the police come to the scene. A police report is important evidence.
2. Do not leave the scene. Stay where you are until help arrives, if possible.
3. Get the driver’s information. Write down or photograph the license plate, driver’s license, and insurance card.
4. Take photos. Photograph the crosswalk, traffic signals, your injuries, and any vehicle damage.
5. Get witness contact information. Bystanders can provide valuable testimony later.
6. See a doctor. Even if you feel okay, some injuries do not show symptoms right away. Get checked out within 24 hours.
7. Contact a lawyer. An experienced pedestrian accident attorney can protect your rights and handle the insurance claim.

Filing a Claim After a Crosswalk Accident

In Illinois, you generally have two years from the date of the accident to file a personal injury lawsuit. If a government entity is involved, such as the City of Chicago, shorter deadlines may apply.

Your claim may seek compensation for medical bills, lost wages, pain and suffering, and other damages. An attorney experienced in car accident claims and insurance disputes can help you build a strong case.

Insurance companies often try to shift blame onto the pedestrian to reduce what they pay. Having a lawyer on your side helps level the playing field.

Why Crosswalk Safety Is a Growing Concern in Chicago

Chicago has invested in pedestrian safety improvements, including better crosswalk markings, pedestrian countdown signals, and lower speed limits in school zones. But these measures have not eliminated the problem. Distracted driving, speeding, and impaired driving continue to put pedestrians at risk every day.

The City of Chicago’s Vision Zero initiative aims to eliminate traffic fatalities. Despite this effort, pedestrian deaths remain a serious issue. If the city fails to maintain safe crosswalks or properly time traffic signals, it may share liability for an accident.

Talk to a Pedestrian Accident Lawyer

If you or a family member was hit by a vehicle at a crosswalk in Chicago, you deserve answers about who is responsible and what your case is worth. A lawyer can investigate the accident, gather evidence, and fight for the compensation you need to recover.

Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.