Being hit by a car while walking can lead to serious injuries. That’s why it’s important to understand the Illinois pedestrian right-of-way laws, as a walker or driver. Being cautious while on the road can lead to fewer accidents.
Key Takeaways for Illinois Pedestrian Right-of-Way Laws
- Pedestrian Right of Way: Pedestrians have the right of way in certain situations, like marked and unmarked crosswalks, but must also follow traffic signals and act safely.
- Driver Responsibilities: Drivers must use “due care” to avoid hitting pedestrians, remain alert, and take extra caution with children, disabled individuals, or those using mobility devices.
- Special Pedestrian Rules: People with disabilities, wheelchair users, and those using personal mobility devices have the same rights as pedestrians. Pedestrians must use sidewalks when available and follow restrictions on soliciting rides or business.
- Illinois Accident Data: In 2023, Illinois recorded 4,533 pedestrian crashes, with 198 deaths and over 4,000 injuries, mostly in urban areas.
Do Pedestrians Have the Right of Way in Illinois?
A common question is whether pedestrians always have the right of way in Illinois. While pedestrians often have priority, there are some things to take into consideration.
Illinois law grants pedestrians the right of way in specific situations, such as at marked and unmarked crosswalks. However, it also places a duty on pedestrians to act safely and yield to traffic when required.
Obeying Traffic Signals
Just like drivers, 625 ILCS 5/11-1001 states that pedestrians must obey all official traffic control devices, including traffic lights and pedestrian signals like “Walk” and “Don’t Walk” signs. If a police officer is directing traffic, their instructions override any signals.
Right-of-Way at Crosswalks
When traffic signals are not present or not working, drivers must stop and yield to a pedestrian in a crosswalk, according to 625 ILCS 5/11-1002. However, a pedestrian cannot suddenly leave a curb and step into a vehicle’s path if it’s too close to stop safely.
Additionally, if one car stops for a pedestrian, other vehicles approaching from behind are not allowed to pass the stopped car.
In School Zones
625 ILCS 5/11-1002.5 states that on school days between 7 AM and 4 PM, drivers must stop and yield to children in a crosswalk within a school zone. This applies even if traffic signals are not in place.
Crossing Outside of Crosswalks
If you cross a road anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection, 625 ILCS 5/11-1003 says you must yield the right of way to vehicles. If a pedestrian tunnel or overpass is available, you are required to use it.
Jaywalking between two intersections with traffic signals is prohibited unless you are in a marked crosswalk.
A Driver’s Duty of Care
All drivers have a fundamental responsibility to exercise “due care” to avoid hitting pedestrians, according to 625 ILCS 5/11-1003.1.
This means they must stay alert, sound their horn if necessary to provide a warning, and use extra caution around children or individuals who may be confused or impaired.
Pedestrians with Disabilities & Motorized Wheelchairs
625 ILCS 5/11-1004 says that drivers must yield the right of way to pedestrians who have a visible disability. Additionally, 625 ILCS 5/11-1004.1 states that anyone operating a motorized wheelchair on a sidewalk or roadway has the same rights and responsibilities as a pedestrian.
Using Crosswalks
625 ILCS 5/11-1005 says that when using a crosswalk, pedestrians should stay on the right half whenever possible.
Pedestrians Who Use Electric Personal Assistive Mobility Devices
People using electric personal assistive mobility devices on sidewalks or roads have the same rights and responsibilities as pedestrians, according to 625 ILCS 5/11-1005.1. Local governments can still regulate or ban their use if they choose.
Soliciting Rides or Business
625 ILCS 5/11-1006 states that it is illegal for pedestrians to stand on a roadway to solicit rides, employment, or business contributions. There are exceptions for charitable organizations with a local permit.
Pedestrians on Sidewalks
625 ILCS 5/11-1007 requires pedestrians to use a sidewalk when one is provided. If no sidewalk is available, you should walk on the shoulder, and if that’s not an option, walk near the edge of the road, facing oncoming traffic.
When a vehicle is crossing a sidewalk, such as when entering or exiting a driveway or alley, 625 ILCS 5/11-1008 states that the driver must yield the right of way to any pedestrian on that sidewalk.
Pedestrians Who Are Under the Influence
625 ILCS 5/11-1010 says pedestrians under the influence of alcohol or drugs to the point of being a hazard may not walk on a highway, except on a sidewalk.
Bridges and Railroad Signals
625 ILCS 5/11-1011 prohibits pedestrians from crossing or remaining on bridges or railroad crossings when signals, gates, or warning devices indicate danger.
Walking around or through closed gates, or crossing tracks when warning bells or lights are active, is not allowed.
Illinois Pedestrian Accident Statistics
Despite these laws, pedestrian accidents remain a serious problem in Illinois. According to the Illinois Department of Transportation’s 2023 crash data:
- There were 4,533 pedestrian crashes in total.
- 198 pedestrians were killed, accounting for nearly 16% of all traffic fatalities.
- 4,169 pedestrians suffered injuries, with 938 of those being categorized as severe.
- The vast majority of fatal and injury-related pedestrian crashes occurred in urban areas.
Common Injuries from Pedestrian Accidents
Because a pedestrian has no protection, the injuries sustained in a collision can lead to catastrophic injuries. Common injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Broken bones and fractures
- Internal organ damage and bleeding
- Severe lacerations and abrasions (“road rash”)
- Emotional trauma, including PTSD
- Wrongful death
Read More: What is the Average Pedestrian Accident Settlement Amount?
Safety Tips for Pedestrians and Drivers
Preventing accidents requires a shared commitment to safety from both pedestrians and drivers.
Safety Tips for Pedestrians
- Wear bright or reflective clothing, especially at night or in poor weather. Carry a flashlight when walking in the dark.
- Avoid distractions like using your phone or wearing headphones. Always be aware of your surroundings.
- Cross at marked crosswalks or intersections whenever possible. Make eye contact with drivers to ensure they see you before you cross.
- If there is no sidewalk, walk on the far-left side of the road or shoulder, facing oncoming vehicles.
- Never assume a driver will stop. Wait for vehicles to come to a complete stop before stepping into the road.
Safety Tips for Drivers
- Always stop for pedestrians in crosswalks.
- Be extra cautious in residential areas, school zones, and areas with high foot traffic.
- Avoid distractions like texting or adjusting the radio. Keep your eyes on the road.
- Never pass a vehicle stopped at a crosswalk; they may be waiting for a pedestrian to cross.
- Look for pedestrians before turning at intersections and when entering or exiting driveways.
We’re On the Side of Injured Pedestrians
Understanding the pedestrian right-of-way laws in Illinois can save lives. If you or a loved one has been hurt in a pedestrian accident, you don’t have to face the aftermath alone.
Insurance companies often try to minimize payouts or shift blame onto the victim. Our experienced pedestrian accident attorneys from DM Injury Law are here to fight for you. We will investigate your case, gather evidence, and work to get you the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.
Tell our East St. Louis attorneys what happened. Speak to our attorneys and support staff of investigators, case managers, and medical records specialists today for reliable legal help.
Contact us today to schedule a free consultation.
Do you tend to travel across the Midwest a lot? Take a look at our other blogs about pedestrian laws across the Midwest:
- Missouri Pedestrian Right-of-Way Laws
- Kansas Pedestrian Right-of-Way Laws
- Oklahoma Pedestrian Right-of-Way Laws
If you’re looking for more safety tips, sign up for our monthly newsletter.