Illinois Crosswalk Laws
The definition of crosswalk, extracted from the Illinois Vehicle Code, Chapter 1. Title and Definitions, 625 ILCS 5/1-113,
Sec. 1-113.
Crosswalk.
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of the highway, that part of the highway included within the extension of the lateral line of the existing sidewalk to the side of the highway without the sidewalk, with such extension forming a right angle to the centerline of the highway;
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface placed in accordance with the provisions in the Manual adopted by the Department of Transportation as authorized in Section 11-301.
(Source: P.A. 83-831.)
The right of way at crosswalks, extracted from the Illinois Vehicle Code, Rules of the Road, 625 ILCS 5/11-1002
Sec. 11-1002.
Pedestrians' right-of-way at crosswalks.
(a) When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section 11-1003 (b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.
(Source: P.A. 79-857.)
Crossing at other than crosswalks, extracted from the Illinois Vehicle Code, Rules of the Road, 625 ILCS 5/11-1003
Sec. 11-1003.
Crossing at other than crosswalks.
(a) 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.
(b) 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.
(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
(e) Pedestrians with disabilities may cross a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk where the intersection is physically inaccessible to them but they shall yield the right-of-way to all vehicles upon the roadway.
(Source: P.A. 88-685, eff. 1-24-95.)
Drivers to exercise due care, extracted from the Illinois Vehicle Code, Rules of the Road, 625 ILCS 5/11-1003.1
Sec. 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.
(Source: P.A. 82-132.)
Pedestrian Right-of-Way
Drivers and pedestrians are both responsible for traffic safety. Following are instances when a DRIVER MUST YIELD the right-of-way to a pedestrian.
* When a pedestrian is in a marked or unmarked crosswalk on the driver’s side of the roadway and there are no traffic control signals.
* When making a turn at any intersection.
* When making a lawful turn on a red light, after coming to a complete stop.
* After coming to a complete stop at a STOP sign or flashing red signal at an intersection.
* When a pedestrian enters a crosswalk before the traffic light changed.
* When a pedestrian is walking with a green light, to a "walking person" symbol or a "walk" signal.
* When a pedestrian is leaving or entering a street or highway from an alley, building, private road or driveway.
* To persons working on highway construction or in a maintenance area.
* To persons with disabilities, including those with physical, hearing and visual disabilities. When crossing the road with a guide dog, a white cane or other assistive device, a pedestrian who is blind or visually impaired has the right-of-way. Pedestrians with disabilities operating mobility devices, including motorized wheelchairs, on a sidewalk or roadway also are granted the same rights as other pedestrians.
In 2004, 4,641 pedestrians were killed at traffic crashes in the United States. On average a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes according to statistics compiled by the National Highway Traffic Safety Administration. Most pedestrian fatalities in 2004 occurred in urban areas, at non-intersection locations, in normal weather conditions and at night. Nearly 20% of the children between the ages of 5-9 killed in traffic crashes in 2004 were pedestrians. Car accidents involving pedestrians oftentimes cause serious injury to death. Our firm has experience representing pedestrians who are victims of car accidents. This section addresses many of the concerns raised and issues which must be addressed in a case involving a pedestrian hit by a car.
Who is a pedestrian?
A pedestrian is defined as "any person of foot, including the person with a physical, hearing or visual disability." People using a wheelchair are considered pedestrians as are people wearing roller skates or riding a skateboard.
As noted in the introduction above, many victims of pedestrian accidents are children. Illinois law provides that children under the age of 7 are not capable of being contributorily negligent. The issue of the driver's fault would therefore be the exclusive issue in defining liability. CUT & PASTE remaining questions beginning with What are the rights of a pedestrian under Illinois law? to What if a truck strikes a pedestrian?
Illinois Vehicle Code and the Applicable Case Law
What are the obligations of a pedestrian under Illinois law?
The Illinois Vehicle Code defines the obligations of a pedestrian and drivers encountering a pedestrian in the roadway. The Vehicle Codes provides in part as follows:
* When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping and may need to yield to a pedestrian crossing the roadway within the crosswalk when the pedestrian is upon the half of he roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
* No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.
* Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
* Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers must yield the right-of-way to pedestrians.
* Although pedestrians have the right-of-way to crosswalk, the pedestrian must exercise ordinary care for his or her own safety. Whether a pedestrian exercised due care for his or her own safety is ordinarily a question for a jury. Drivers of vehicles do not have rights superior to those of pedestrians in using a street crossing and the pedestrian and driver of the vehicle must each look out for the other so that accidents may not happen. Their duties are equal and mutual.
* If rays of sun are reflecting into a driver's face, the driver has a duty to exercise considerable caution in driving over a crosswalk where pedestrians might reasonably be walking. It is the obligation of the motorist if he sees a pedestrian crossing the street to give reasonable warning of his approach and to use every reasonable precaution to avoid injuring the pedestrian and if necessary to stop his vehicle until he may safely proceed.
* A motorist approaching a street crossing located in a resident area must exercise appropriate care for people who might be in the act of crossing the street.
* Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection must yield the right-of-way to the vehicles upon the roadway.
* Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided must yield the right-of-way to all vehicles upon the roadway. Between adjacent intersection at which traffic control signals are in operation pedestrians must not cross at any place except in a marked crosswalk.
* No pedestrian may cross a roadway intersection diagonally.
Does the Automobile Insurance Protect a Pedestrian Hit by a Car?
If a pedestrian is hit by an uninsured driver, the pedestrian may be able to make an uninsured motorist claim. The pedestrian must be insured under a policy of automobile insurance which provides coverage in such a situation. Coverage need not specifically reference a pedestrian accident. A review of the applicable policy is necessary to determine whether coverage applies. This is an issue which should be addressed by an attorney. If the driver of the vehicle that hits a pedestrian carries limited insurance coverage, an underinsured motorist claim may be made against an injured person's automobile policy in some circumstances. Uninsured/underinsured motorists claims are addressed in the Car Accident section on this web site.
Uninsured motorist claim
When a driver who hit you does not have motor vehicle insurance, you may receive coverage under your uninsured motorist coverage. We will talk to the insurance company for you. This coverage is part of everyone's insurance policy. Most people do not know the steps to file an uninsured motorist claim. We will settle your claim or take it to arbitration for you.
Underinsured motorist claim
When a driver's insurance policy does not cover all of your expenses, your underinsured motorist coverage will pay the un-reimbursed balance of your damages. Many people purchase substandard insurance policies that cover only up to $20,000 of your expenses. Your medical bills can easily surpass this amount.
Pedestrians must constantly "navigate motorists who speed through intersections, pass illegally, impede crosswalks and ignore signs," said Christy Prahl, chair of Logan Square Walks. She said that 4,000 traffic collisions involve pedestrians each year in Chicago, and cites a 1997 study reporting an average of 245 deaths of pedestrians in traffic collisions each year in Chicago. "This is a growing public health crisis," she said.
Over 13 percent of traffic fatalities in Illinois are pedestrians, yet only 1 percent of federal transportation hazard reduction funds go to improving pedestrian environments, said Johanna Nyden of the Center for Neighborhood Technology. "Even sidewalks are usually an afterthought" in roadway projects, she said. CNT is backing the Safe Routes to School Act (SB 2396) to ensure that a larger portion of federal funds go to pedestrian infrastructure around schools and parks.
"Jaywalkers" in Chicago . . .
Good news, sorta. Chicago mayor backs off plan to ticket pedestrians, but spins it as an issue of pedestrian safety rather than the original emphasis on drivers' rights and efficient traffic movement. Hmm. While I certainly don't advocate jaywalking, I side with pedestrian rights advocates on this since the crackdown seemed a thinly veiled attack on pedestrians in general and a concession to drivers who already own the road. Hope this gives more momentum to steering the discussion, pun intended, to making cities more sustainable, which means car-free or at least car-lite.
from: Spielman, Fran. "Jaywalkers safe as mayor backs off ticket plan," Chicago Sun-Times, 28 September 2005
After nearly a week of ridicule, Mayor Daley on Tuesday put the brakes on a controversial plan to ticket pedestrians who tie up downtown traffic by jaywalking and racing across streets after the light has changed.
Daley tried his best to be delicate about it. He didn't want to saw off the limb with Andrew Velasquez, the mayoral aide who oversees the Traffic Management Authority, still sitting on it. But, the mayor left little doubt that the plan to bring the hammer down on pedestrians would never see the light of day.
"I don't know about ticketing them. But, it's a safety issue. When someone . . . tries to run across, like Lake Shore Drive, and they get killed, don't blame the city and don't blame the driver,'' Daley said. "Jaywalking is very dangerous. A lot of people get seriously injured or killed. . . .
If enough people break the law it ceases to be a crime. Daley sees a lot of voters illegally crossing the streets, which explains his cautioning them to not get killed or ruin it for everybody else by suing the City. The French have parkour; we have the running of the bull-headed on the Adams Street Bridge every day at 4PM!
-MIKE FOULKS
P.S. Does anyone remember the 'That's Incredible' TV show featuring the guy who jumped straight up into the air while a Trans Am zoomed underneath him at like 90mph? ...that was awesome.
That sounds like something straight out of "Mein Kampf" brother.
Be careful whom you quote lest you quote the devil himself.
He (It?) won't like it and you will have to pay big time without hope of change.
Mr. White,
It is dangerous to hold up traffic in an intersection by J-walkers.
It doesn't take alot for someone to let a car go by, does it?
A car is a dangerous weapon that can kill someone, just like a gun. Walking in front of a oncoming car, is like walking in front of a loaded gun. Think about this.
What would happen if the brakes on a oncoming car goes out? or, the driver of the oncoming car can't stop quick enough? Who's fault is that? So, why take a chance and blame the driver, when that's the j-walkers own ignorance.
Better for the car to go by and be safe than sorry.
TED BUDZYNSKI
Feelin' lucky punk?
Go ahead, make some pedestrain's day....
You are hereby notified that you are hereby EXCOMMUNICATED.
Nexy time you touch Holy Water, it may BURN, baby burn.
Ben Pope
