What Duties do Drivers Have to Pedestrians Under Illinois Law?
Illinois drivers owe pedestrians special duties of care under state law because the state recognizes the great dangers that motor vehicles pose to individuals who travel on foot.
Recognizing the grave risks that cars, trucks, and other motorized vehicles present to pedestrians, the Illinois legislature has passed laws requiring motorists to exercise “due care” in the presence of persons traveling on foot. Under Illinois vehicle code:
“…every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a child or any obviously confused, incapacitated or intoxicated person.”
(625 ILCS 5/11-1003.1)
Therefore, the onus is placed upon the driver to exercise special care when people are walking the same streets and roads.
Do Different Pedestrians Deserve Different Duties?
In certain situations, the law affords different rights to different types of pedestrians. This means that as a motorist you must treat certain people with more care than you otherwise would. For instance, persons walking through crosswalks have the right-of-way and are supposed to receive extra care from drivers, bicyclists, and others. Additionally, the law imposes special duties on drivers to avoid striking children. If you know they are in the area for school, play, or other recreational activity, you are supposed to drive slower and exercise more caution than you ordinarily would. There are other protected classes of pedestrians including the disabled.
How are Pedestrians Usually Injured in Illinois?
These are some of the most common reasons that Illinois motorists strike pedestrians:
- Driving over the speed limit
- Failing to yield to pedestrians at crosswalks/intersections
- Driving while intoxicated (DUI)
- Going through red lights and stop signs, or ignoring other traffic signs and signals
- Failing to use proper signals
- Losing control of their vehicles because of inclement weather
- Failing to slow down or drive safely when construction crews or law enforcement are present on the road
There are some causes of pedestrian injury that are not the fault of the driver, such as traffic signal malfunction. However, the scenarios described above are how our accident attorneys see most Illinois pedestrian injuries occurring, and consequently where our firm gets most of its cases.
Still Have Questions About Illinois Pedestrian Accidents?
Rosenfeld Injury Lawyers LLC is dedicated to securing the best compensation possible for injured Illinois pedestrians. We represent all clients on a contingency basis, where we only charge for our legal services if we obtain financial recovery for you. Contact our pedestrian injury lawyers today to begin the process of receiving your rightful compensation.