Can I Still Sue If I Was Hit While Jaywalking?

In Illinois, pedestrians often jaywalk, due to various reasons. Sometimes, jaywalking pedestrians are struck by a car or involved in an accident, leading to serious injuries. In these cases, the pedestrians ask whether they still have a legal right to pursue compensation from drivers involved in the incident. While Illinois still allows jaywalkers to pursue a personal injury claim against the driver that hit them, the outcome of such cases is influenced by Illinois’ modified comparative negligence laws, which assess the degree of fault attributed to each party. Understanding these legal principles, alongside relevant statistics, is crucial for anyone involved in a pedestrian accident.

Statistical Overview of Pedestrian Accidents in Illinois

Pedestrian accidents remain a significant concern in Illinois. According to the Illinois Department of Transportation, in 2022, there were 3,864 pedestrians injured, with 886 sustaining A-injuries (the most severe injury classification), and 196 pedestrians were killed. These figures highlight the importance of understanding legal rights and responsibilities for both pedestrians and drivers.

Recent Trends in Pedestrian Fatalities

Recent data indicates a concerning rise in pedestrian fatalities in Illinois. In the six-county region encompassing Cook, DuPage, Kane, Lake, McHenry, and Will counties, pedestrian accident fatalities totaled 144 in 2024, a 6.7% increase from 135 in 2023. This upward trend underscores the pressing need for targeted interventions to enhance pedestrian safety in Chicago and the suburbs.

What is Jaywalking?

Jaywalking occurs when pedestrians cross streets outside designated crosswalks or against traffic signals. In Illinois, while pedestrians generally have the right-of-way at crosswalks, this right is not absolute. According to Illinois law, pedestrians must obey traffic control devices and should not suddenly leave a curb or place of safety to walk or run into the path of a moving vehicle that is too close to yield. When crossing in areas without crosswalks, pedestrians are required to yield the right-of-way to vehicles.

Illinois’ Modified Comparative Negligence Law

Illinois operates under a modified comparative negligence system, specifically the “51% bar rule.” Under this rule, an injured party can recover damages only if they are less than 51% at fault for the incident. If a pedestrian is found to be 51% or more responsible for the accident, they are barred from receiving any compensation. Conversely, if they are 50% or less at fault, they can recover damages, but the compensation will be reduced by their percentage of fault.

Application of Comparative Negligence in Jaywalking Incidents

When a jaywalking pedestrian is struck by a vehicle, determining fault becomes a critical aspect of any legal claim. For instance, if a pedestrian crosses a street outside of a crosswalk and is hit by a driver who was speeding or distracted, both parties may share responsibility for the accident. The court will assess the actions of both the pedestrian and the driver to assign a percentage of fault to each.

The specific circumstances of each case will influence the outcome. For example, if a pedestrian jaywalks but a driver is speeding, both may share responsibility for the accident. If the pedestrian is found to be 30% at fault and the driver 70%, the pedestrian’s compensation would be reduced by their 30% share of fault.

Legal Precedents and Considerations for Injured Jaywalkers

Illinois courts have addressed various cases involving pedestrian accidents where jaywalking was a factor. In these cases, the courts have consistently applied the comparative negligence standard, examining the actions of both the pedestrian and the driver to determine fault percentages. It’s important to note that even if a pedestrian violates traffic laws by jaywalking, this does not automatically absolve the driver of responsibility. Each party’s behavior is scrutinized to assess their contribution to the accident and their percentage of fault is distributed accordingly.

Steps to Take If You Were Injured While Jaywalking

If you are a pedestrian injured while jaywalking in Illinois, consider the following steps:

1. Seek Medical Attention: Your health and safety are paramount. Ensure you receive appropriate medical care for your injuries.
2. Document the Incident: Gather evidence from the scene, including photographs, witness statements, and any available surveillance footage.
3. Consult a Personal Injury Attorney: An experienced Illinois pedestrian accident attorney can help navigate the complexities of Illinois’ comparative negligence laws and assess the viability of your claim.
4. Avoid Admitting Fault: Refrain from making statements that could be construed as admitting fault, as this could impact the outcome of your case.

Contact the Award-Winning Illinois Pedestrian Accident Lawyers at John J. Malm & Associates

While jaywalking is discouraged and can impact the outcome of a personal injury claim, it does not automatically prevent an injured pedestrian from seeking compensation in Illinois. The state’s comparative negligence laws allow for the possibility of recovery, provided the pedestrian’s share of fault is less than 51%. Each case is unique, and the specific facts will determine the allocation of fault and the potential for compensation. Consulting with a knowledgeable personal injury attorney is essential to understand and protect your legal rights following such an incident.

If you were injured while jaywalking, contact John J. Malm & Associates for a free consultation. With over 90 years of combined experience, our Naperville car accident attorneys are ready to help you navigate your legal options and fight for the compensation you need. Contact us today, and let us protect your rights.