Many people commute by foot as walking is a recommended form of cardiovascular exercise. Pedestrian deaths often occur in urban areas more often than in the prairies. According to the National Center for Health Statistics (NCHS), there were 7,668 pedestrian deaths in 2019. Of these deaths, the National Highway Traffic Safety Administration (NHTSA) estimates that 6.205 were traffic accidents on public roads. These pedestrian deaths were in both traffic and non-traffic incidents. Non-traffic incidents happen on private property, driveways, or parking lots.
Illinois is home to some of the biggest and busiest cities in the United States like; Chicago, Aurora, Springfield, and Bloomington. Cities are more dangerous for pedestrians as they have more traffic and a heavier rush of pedestrians.
Although the number of deaths caused by other traffic accidents has gone down, pedestrian deaths have gone up. The main factors affecting this statistic are population growth, increased interest in walking, larger vehicles, and smartphone use. If you were hit by a vehicle while walking, talk to a Jersey County pedestrian accident lawyer as soon as possible. An experienced attorney could help you determine the viability of a claim for damages.
There are many right-of-way laws in Illinois to help determine who should yield and who should proceed first. Understanding who has the right-of-way can help reduce the number of traffic accidents.
In Illinois, the pedestrian has-right-of-way when:
- On a crosswalk
- Children are on a school-zone crosswalk on school days
- The driver is making a turn at an intersection with marked or unmarked crosswalks
- A driver is making a legal turn at a red light after making a complete stop
- They are on a crosswalk when the light is green or yellow before it changes to red
- When they are entering or leaving a road from an alley, building, private road, or driveway
Pedestrians must also obey the following rules:
- Pedestrians must obey traffic signals, use crosswalks, or observe walk lights
- Pedestrians may not walk onto a road into the path of moving traffic in an immediately dangerous way
- Pedestrians should not walk on highways unless there is no sidewalk or shoulder. In this case, walk facing oncoming traffic and far from the outside edge
- Pedestrians should not walk on roads under the influence of drugs and alcohol
- Drivers have the right-of-way at intersections with unmarked crosswalks
- Pedestrians must obey barriers like bridge gates
- Do not hitchhike in Illinois; it is illegal
- Legally adult pedestrians can skateboard on roads with a 45mph or less speed limit during the daytime if they do not impede traffic
Determining Fault for Crosswalk Collisions
In Jersey County and throughout Illinois, drivers have a duty to avoid collisions with any pedestrian and obey all traffic laws. Causing accidents after violating this duty can lead to being sued for negligence.
Pedestrians have a duty to be careful while walking along roads and obey traffic laws in Illinois. Violating this duty can open the pedestrian up to negligence lawsuits.
If a driver crashes while avoiding a pedestrian, they can sue for economic damages, non-economic damages, and punitive damages.
If both the pedestrian and the driver are at fault, Illinois determines who is more at fault through the comparative fault theory. In such cases, if the dependent is determined to have more than 51% fault, they get no compensation.
Insurance for Pedestrians
In most traffic pedestrian accidents, the driver reports to his insurance company, and the pedestrian will claim the driver’s insurance if they are injured.
Illinois requires all drivers to carry liability insurance.
Call a Jersey County Attorney after a Pedestrian Accident
First, seek medical attention for anyone involved in the accident. Even if you don’t think you are hurt, consult a doctor to check for any injuries you may not feel. Some injuries may not show any symptoms for several days.
Try to gather driver information like their name, contact information, license number, and insurance information. Get any witness information you can and file a police report. If you cannot do this due to injury, you can ask a friend or family member for help.
If both the pedestrian and driver are at fault for causing the accident, speak to an experienced accident lawyer. A Jersey County pedestrian accident lawyer can help your case for economic damages.