It may not be common knowledge, but pedestrians on Illinois roadways are responsible for knowing the Illinois Vehicle Code as it pertains to pedestrian right-of-way or driver right-of-way as it pertains to pedestrian traffic. After all, pedestrian traffic is a part of roadway activity, and so the Illinois Vehicle Code has very specific rules that pertain to pedestrian traffic in crosswalk and non-crosswalk situations.
For instance, many people think that, as a rule, vehicles must yield the right-of-way to pedestrians. But in fact, Section 11-1003 of the Illinois Vehicle Code Rules of the Road, 625 ILCS 5/11-1003 maintains:
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
And likewise:
Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
Furthermore, there are circumstances cited in the Code where individuals with disabilities are responsible for yielding the right-of-way to drivers on Illinois roadways.
So, you see, every pedestrian accident is not automatically the fault of the driver and won't necessarily result in damages for an injured pedestrian. Whether pedestrian or driver, it's extremely important to understand your own individual responsibilities in traffic situations, and knowing the rules of the road goes a long way toward that effort.
It's also important for pedestrians injured in vehicular accidents to consult with an experienced personal injury attorney that has expertise in the area of pedestrian accident litigation. Many factors contribute to liability in these kinds of cases, including adherence to the Illinois Vehicle Code.
Additionally, should you find yourself a victim of a hit-an-run driver and you have uninsured/under-insured motorist insurance coverage, a practiced personal injury attorney is able to assist with filing an uninsured motorist claim against your own insurer to recover damages, a facts most insurers won't bend over backwards to tell you.
Further, through the use of police records and traffic cameras, an experienced personal injury attorney can help track down a hit-and-run driver. The personal injury attorneys of Panio Law Offices are experienced and readily able to identify the critical issues in your pedestrian accident case; advise on and negotiate a settlement with insurers; and litigate a case against a responsible party to obtain substantial damages to compensate you for injuries, medical care, loss of income and pain and suffering.
If you have additional questions about pedestrian accident cases, please call (708) 928-8680. We're experiences, we understand the issues and we can help.