Who is Liable in a Car Crash With a Distracted Walker?

Chicago is known as a pedestrian-friendly city, with newcomers to the region often surprised at how easily pedestrians will step into a crosswalk even though there are cars approaching. As a result, pedestrian accidents are often assumed to be the driver’s fault. Drivers have an obligation to take reasonable steps to protect pedestrians and bicyclists. The risk of a severe or fatal accident is significantly higher with these groups because they have little to no protection from multi-ton vehicles.

But what happens when a pedestrian is distracted when they’re hit? Are they to blame, or does liability still lie with the driver? A lot comes down to the details of your accident, which is why we recommend talking to a pedestrian accident lawyer as soon as possible. Contact Gainsberg Injury and Accident Lawyers to discuss your next steps now.

What is a “distracted pedestrian?”

A distracted pedestrian is someone whose attention lies anywhere but on the road and their surroundings prior to a collision. In Chicago, you’ll see pedestrians distracted in a dozen different ways. You may see commuters on their way to work, engrossed in their phone because they know their route so well that they don’t need to look. You might also see tourists staring at their GPS, trying to find Navy Pier, the Willis Tower, or another must-see landmark.

Pedestrians may also be distracted by conversations, music, food and drink, or even their own thoughts. The distraction doesn’t have to be external — if it keeps a pedestrian from paying attention to their surroundings while walking, it can be dangerous.

These distractions may seem minor, but when it comes to pedestrian accidents in Chicago, fractions of a second can make the difference between a near-miss and a serious accident. Distractions impact reaction time and awareness.

Pedestrians and the right of way

There’s a misunderstanding among drivers that pedestrians have the right of way in every scenario. That isn’t the case. Pedestrians generally have the right of way when lawfully crossing in marked or unmarked crosswalks at intersections and when crossing with a walk signal, unless traffic control devices indicate otherwise.

They may not have the right of way when they are crossing on a ‘Don’t Walk’ signal, crossing outside of a crosswalk where prohibited by law, or suddenly entering the roadway in a manner that creates an immediate hazard.

When a pedestrian does not have the right of way, and they go ahead anyway, liability in an accident may be split. However, it’s important to note that a pedestrian not having the right of way doesn’t mean that a driver doesn’t have to stop. Drivers should always be prepared to yield the right of way to a pedestrian, even when they legally have the right of way. A pedestrian crossing illegally doesn’t give a driver the right to barrel through and hit them. Drivers are still legally required to take reasonable care to prevent an accident, even if the pedestrian is in the wrong while crossing.

How fault is determined in distracted pedestrian cases

These cases can get complex very quickly, with both sides telling significantly different stories that affect liability. Claims generally come down to what the evidence says. The good news is that many of these accidents occur at busy intersections in areas of the city that have no shortage of traffic cameras and other surveillance cameras.

Eyewitnesses, dashcam footage, and surveillance camera footage can all paint a clearer picture of what really happened and who is to blame. For example, a driver’s dash cam may show a pedestrian with their face buried in their phone as they step out into the road without looking both ways. Surveillance footage may also show a pedestrian who gets to a crosswalk, makes sure that they have the right of way, and starts to cross, only to get hit by a driver who doesn’t make any attempt to avoid the crash.

Weather and traffic conditions may also come into play in these claims. Chicago is known for its ever-changing weather, and snow, ice, rain, and fog can all significantly affect a driver’s ability to stop and how well they can see. A driver who fails to adjust their speed and driving habits in response to heavy traffic or poor weather may be considered negligent.

It’s also important to note that Illinois generally requires crashes involving injury or death to be reported to law enforcement.

Shared fault cases

Quite a few pedestrian accident claims in Illinois end up involving shared liability. Illinois is considered a modified comparative negligence state, meaning a victim of a collision may still be able to recover compensation even when they are partially to blame. This is only the case if they are 50% or less at fault. Once an injured party is more than 50% to blame, they cannot recover any compensation in court.

Should a pedestrian be found to be partially liable for an accident, their compensation is then reduced in proportion to their share of blame. For example, if a pedestrian is deemed 30% responsible for a collision in which they have $50,000 of losses, their compensation would be decreased 30% to $35,000.

However, it’s important not to assume that you are partially to blame — even if the driver’s insurance adjuster claims you are. Drivers have a long list of excuses they use when they strike a pedestrian, and the pedestrian being distracted is one of them. By working with a pedestrian accident lawyer, you can protect yourself from unfair accusations that paint you as the at-fault party.

Explore your options with Gainsberg Injury and Accident Lawyers

If you’re ready to discuss your options after a Chicago pedestrian accident, we’re here to help you seek fair and full compensation. Call us today or get in touch with us online now.