Can Pedestrians Be At Fault for Car Accidents? | IL

 Posted on August 30, 2024 in Catastrophic Injuries

Whether walking for exercise, pleasure, or simply to get to their destinations, pedestrians are a common sight in Rockford, IL. When you hear about a pedestrian accident, you probably assume a careless driver was at fault. But did you know that pedestrians may share the blame or be fully responsible for these collisions?

Pedestrians are extremely vulnerable to any kind of motor vehicle collision, often sustaining severe or catastrophic injuries. Fatalities are not uncommon. If you were involved in a pedestrian accident, you may be entitled to compensation, and the skilled attorneys at Mannarino & Brasfield, A Division of Schwartz Jambois, can help to maximize your settlement.

How Is Fault Determined in Pedestrian Accidents?

Illinois drivers have several traffic laws to follow, and they are also legally obligated to use reasonable care to avoid harming others. Pedestrians must also follow Illinois laws. Although motorists should usually yield the right of way, pedestrians must yield to cars in some situations.

Highlights of these laws that can help determine fault in pedestrian accidents include:

• Pedestrians should use crosswalks or pedestrian tunnels unless none are present.

• Pedestrians should not run or walk into the road when a moving vehicle is close.

• Pedestrians must follow traffic signals such as stop lights.

• In areas without crosswalks, pedestrians should yield to traffic.

• Pedestrians should use sidewalks rather than walking on road surfaces.

• On two-lane roads, pedestrians should walk against the flow of traffic.

• When pedestrians cross a road, they should walk straight across, not diagonally.

• Drivers must yield to pedestrians in crosswalks.

• Drivers should remain aware of their surroundings, particularly when pedestrians are present.

When establishing fault in pedestrian accidents, law enforcement officers and your attorney from Mannarino & Brasfield, A Division of Schwartz Jambois, will investigate the events leading up to the collision. We will find the answers to questions like who had the right of way, whether the driver or pedestrian was distracted, and whether the pedestrian left the sidewalk suddenly and walked directly in front of an oncoming car. These and other answers give us enough data to determine who caused your accident.

Whether you were the driver or pedestrian, you may share some of the blame. For instance, a pedestrian may be listening to loud music through earbuds, step off the curb, and walk directly into the path of an approaching car. The driver may have been able to avoid hitting the pedestrian had he not been speeding. Both parties contributed to causing the collision in this scenario.

Your lawyer from Mannarino & Brasfield, A Division of Schwartz Jambois, cannot determine who was at fault for your accident until we examine case-specific details. We can discuss these during your free consultation.

What If a Child Runs In Front of a Car?

Young children do not fully understand the dangers of running into a street. They might be chasing a ball, playing tag, or trying to get to a friend’s house. Children are often not accountable for these types of negligence because they cannot comprehend the risks.

The child’s age may be a determining factor, but drivers are generally at fault if they hit children due to negligence or recklessness. Unfortunately, even the most cautious driver may not be able to avoid hitting a child who runs directly in front of him. Contact Mannarino & Brasfield, A Division of Schwartz Jambois, for information and advice that applies to your unique situation.

Call Our Skilled Rockford, IL Pedestrian Accident Lawyers Today

The fault is not always clear in pedestrian accidents. When you work with Mannarino & Brasfield, A Division of Schwartz Jambois, we will ensure that liability is placed accurately and help you get the compensation you deserve. Call us at 815-215-7561 for your free consultation with one of our dedicated Winnebago County, IL personal injury attorneys.