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Pedestrians and drivers: who has the right of way?

On Behalf of | Nov 30, 2020 | Personal Injury

You were injured as a pedestrian in Illinois, and you’re aware that the other side may question whether you were following the traffic laws. This will naturally affect your chances of seeking compensation from the driver who hit you. For example, someone who was injured at a crosswalk or intersection may have had the right of way.

When drivers must yield to pedestrians

It’s not in every situation that drivers must yield to pedestrians. In this state, they must do so when stopped at a stop sign or red light, turning right on red, approaching a crosswalk even where no traffic-control signs have been installed, approaching a yield sign and making a left-hand turn, especially when the arrow is a flashing yellow.

When a green traffic light allows for a right turn but a pedestrian is about to cross at a walk signal, drivers must yield, waiting until after the pedestrian has crossed. That’s not all, of course, as pedestrians may cross where it’s not permitted.

The rule of due care

Pedestrians have a duty to yield to drivers when crossing anywhere outside of a marked crosswalk or intersection. In fact, they should never cross into the path of an oncoming vehicle if doing so constitutes an immediate hazard.

On the other hand, drivers must take reasonable steps to avoid a collision with a pedestrian who does such a dangerous thing. This does not necessarily mean stopping, though, since that could give rise to a rear-end collision. Only in an extreme case should the driver honk the horn at a pedestrian.

Having a lawyer evaluate your case

Pedestrian incidents can be the fault of the pedestrian, the driver or both. As an injured pedestrian, you will likely need some kind of evidence to show that the driver was negligent in order to pursue a personal injury case. A lawyer may help in this regard by offering a network of crash investigators. You may leave it to the lawyer to handle evidence and negotiate on your behalf.