While fatal pedestrian accidents are at epidemic proportions in the Chicagoland area, it is not because lawmakers have failed to enact laws designed to protect pedestrians from harm on our streets. The Illinois General Assembly has passed quite a few pedestrian safety statutes that apply throughout the state. There are also numerous municipal ordinances that are a part of the City of Chicago Municipal Code intended to keep pedestrians safe.
The state statutes govern all parts of the Prairie State. However, the Chicago code’s jurisdiction ends at the city limits. If there is a pedestrian accident within the larger metroplex, then the municipal ordinances of that particular area will control.
Laws Defining Rights and Duties of Chicago Pedestrians
All this regulation focuses primarily on two things: the actions of the pedestrian and the actions of the drivers of any form of motor vehicle on roadways shared with the pedestrian. Legislation exists that defines the responsibilities of both driver and pedestrian, with a key duty being defined as when the driver must stop or yield to give the pedestrian the right-of-way.
These laws also provide guidance on things like (1) crosswalks; (2) railroad crossings; (3) highways; (4) hitchhikers; and more.
For victims of fatal pedestrian accidents in Chicago, the state statutes together with corresponding municipal code provisions not only define the legal parameters of the driver’s actions at the time of the crash, they also give specifics on both the “duties of care” for both the driver and the pedestrian.
State law clearly explains Illinois drivers are to “exercise due care to avoid colliding with any pedestrian…and shall give warning … and shall exercise proper precaution upon observing any child or any obviously confused, incapacitate or intoxicated person.” Meanwhile the city code alerts pedestrians that they are also required to exercise due care.
Pedestrian Accident Injury Claims Based Upon Driver’s Breached Duty of Care
For victims of severe or fatal pedestrian accidents in Chicago, these laws become vital in establishing justice in a civil injury claim. Criminal actions may or may not proceed as a result of the accident. That is to be determined by local law enforcement and the state’s attorney. Read, Hit-and-Run Pedestrian Accidents in Chicago.
Sadly, it will be the job of the accident victim and their grieving loved ones to seek civil justice after the crash. Civil claims will have to be investigated, confirmed, and pursued by those suffering from the actions of the wrongdoer. This will involve a demand for damages and a possible lawsuit filed in the appropriate court.
In these civil cases, the driver’s breach of care must be legally defined by the claimant-plaintiff. The breach(es) is then proven with admissible and authenticated evidence in order to support the damages claim. Luckily for Chicago pedestrian accident victims, unlike some other injury plaintiffs, there are a number of specific laws and statutes that define the driver’s duties to the pedestrian.
Illinois Vehicle Code: Pedestrian’s Rights and Duties
Article X of Chapter 11 of the Illinois Vehicle Code defines the “Pedestrians’ Rights and Duties” for the entirety of the state (625 ILCS 5). These statutes cover the following (individual text omitted):
- 11-1001. Pedestrian obedience to traffic control devices and traffic regulations.
- 11-1002. Pedestrians’ right-of-way at crosswalks.
- 11-1002.5. Pedestrians’ right-of-way at crosswalks; school zones.
- 11-1003. Crossing at other than crosswalks.
- 11-1003.1. Drivers to exercise due care. Notwithstanding other provisions of this Code or the provisions of any local ordinance, 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 any child or any obviously confused, incapacitated or intoxicated person.
- 11-1004. Pedestrian with disabilities; right-of-way. The driver of a vehicle shall yield the right-of-way to any pedestrian with clearly visible disabilities.
- 11-1004.1. Motorized wheelchairs. Every person operating a motorized wheelchair upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian.
- 11-1005. Pedestrians to use right half of crosswalks.
- 11-1005.1. Electric personal assistive mobility devices. Every person operating an electric personal assistive mobility device upon a sidewalk or roadway has all the rights and is subject to all the duties applicable to a pedestrian. Nothing in this Section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of local government from regulating or prohibiting the use of electric personal assistive mobility devices.
- 11-1006. Pedestrians soliciting rides or business.
- 11-1007. Pedestrians walking on highways.
- 11-1008. Right-of-way on sidewalks.
- 11-1009. Pedestrians yield to authorized emergency vehicles.
- 11-1010. Pedestrians under influence of alcohol or drugs.
- 11-1011. Bridge and railroad signals.
For more on state pedestrian safety laws, read the synopsis provided online by the Illinois Secretary of State.
Chicago Municipal Code: Pedestrian’s Rights and Duties
Chapters 9-24 and 9-60 of the Chicago Municipal Code define the “Pedestrian’s Rights and Duties.” These ordinances give specifics not only regarding the activities of drivers and pedestrians, but mandate engineering and planning for pedestrian safety. These ordinances cover the following (individual text omitted).
Of importance here are the specific regulations for pedestrian right-of-way on Chicago streets, where drivers are to stop and yield for those on foot.
Chapter 9-24 Right-of-Way
- 9-24-030 Crosswalks—Pedestrians to have right-of-way.
- 9-24-050 Pedestrians in roadway to have right-of-way when.
- 9-24-060 Right-of-way at sidewalks.
- 9-24-100 Blind persons to have right-of-way when.
Chapter 9-60
- 9-60-010 Crosswalks authorized—Crossing between intersections prohibited when.
- 9-60-030 Limited access streets and highways—Public pedestrian tunnels and bridges.
- 9-60-040 Railroad grade crossing and bridges.
- 9-60-050 Pedestrian to yield right-of-way when.
- 9-60-060 Pedestrian crossing.
- 9-60-070 Use of crosswalk.
- 9-60-080 Walking along roadways.
- 9-60-100 Traffic-control signals.
- 9-60-120 Imitation of blind persons prohibited.
- 9-60-120 Pedestrians to exercise due care.
Pedestrian Accident Victims’ Claims for Damages: Legally Defined Rights and Duties
There are both state and municipal protections in place to keep anyone walking on the streets of Chicago safe from harm in a pedestrian accident. Both drivers and pedestrians need to know their duties of care, especially regarding things like the pedestrian’s right of way on Chicago streets.
There are legal duties for those who are walking. For instance, pedestrians must understand what Chicago ordinances mandate when no sidewalk is provided, or they come to an intersection without a crosswalk.
However, great legal responsibilities are placed upon those operating motor vehicles alongside pedestrians in Chicago. These duties are clear. Chicago drivers who fail to stop or yield the right-of-way; who drive under the influence; speed; fail to slow and pay attention for anyone in a crosswalk; or run a red light will clearly be in breach of legally defined duties of care to any pedestrian who is hurt or killed in a pedestrian accident.
For more on Chicago Pedestrian Accidents, read:
- Chicago Pedestrian Accidents with Commercial Vehicles
- Causes of Chicago Pedestrian Accidents
- Why is Chicago So Deadly for Pedestrians?
- Chicago Pedestrian Accidents: How Dangerous Are Chicago Streets?
- Walking Can Be Deadly: Fatal Pedestrian Accidents in Indiana and Illinois.
Too many people have died on Chicago streets in preventable pedestrian accidents. Anyone choosing to walk in Chicagoland must be made aware of the great dangers they face from drivers who fail to obey legally established duties of care and safety. Pedestrian safety laws are not keeping people safe, but they are able to help victims seeking justice in the aftermath of a fatal pedestrian accident tragedy. Please be careful out there!
