Can Pedestrians Share Fault for Car Accidents?

 Posted on March 13, 2025 in Pedestrian Accidents

At some point during the day, most people are pedestrians. You may walk from your car into a store, to catch a bus, or into your office from a parking area. Many people also walk, jog, and run for exercise. Unless you remain on a sidewalk at all times, chances are that you will share the street with motor vehicles.

Some people believe that pedestrians always have the right of way, and that drivers are always at fault in pedestrian accidents. The reality is that that is not always true. If you are injured in a pedestrian accident, a knowledgeable Orland Park, IL pedestrian accident lawyer can investigate the incident to determine fault and help you pursue the highest possible amount of compensation.

Are Pedestrian Accidents Common in Illinois?

In 2023, there were 4,533 pedestrian accidents reported in Illinois. Those crashes produced 4,336 pedestrian injuries, 956 suspected serious injuries, and 195 fatalities. Each of those numbers is higher in urban areas than in rural areas.

How Can Pedestrians Cause Car Accidents?

Pedestrians have laws to follow just like drivers do. Both are responsible for adhering to their respective laws to reduce the likelihood of accidents. For example, pedestrians are supposed to use crosswalks at intersections, and they should not step onto a street directly in the path of a moving vehicle. Many times, pedestrians do have the right of way. However, when a signal says "Don’t Walk," pedestrians should not enter a crosswalk.

Pedestrians can contribute to causing accidents in several ways. Jaywalking, which is crossing against a pedestrian signal or outside an available crosswalk, can lead to collisions because drivers do not expect pedestrians to be in those places at that time. Pedestrians may also be distracted, stepping onto a street without realizing it. Wearing dark clothing while walking after dark can make it difficult for drivers to see pedestrians.

Drivers, whether they have the right of way or not, should take notice of nearby pedestrians and be prepared to slow down or stop if necessary. Drivers can contribute to pedestrian collisions by:

• Speeding

• Driving while impaired, fatigued, or distracted

• Failing to yield the right of way

Every accident is different. A number of factors may combine to cause pedestrian accidents. That is why your attorney needs to investigate to find out why your accident happened.

Can I Still Sue If I Am Partly to Blame for My Pedestrian Accident?

In Illinois, if you share fault, you can still pursue a compensation claim if your degree of fault is less than 50 percent. However, the amount you could receive as compensation will be reduced according to your share of the fault.

The driver’s insurance company may try to blame you for more than your share of fault to reduce the amount of your settlement. If you do bear partial responsibility, your lawyer will ensure that the percentage assigned to you is fair.

Call Our Skilled Orland Park, IL Pedestrian Accident Lawyer

If you are injured as a pedestrian, our experienced Cook County, IL personal injury attorney can help you secure the compensation you deserve. Call Law Office of J. Francis Barker, P.C. today at 708-321-1223 to arrange for your free consultation. You can also send a confidential message online.