Who Is Responsible for a Pedestrian Accident?

 Posted on January 15, 2026 in Car Accidents

Pedestrian accidents often cause serious injuries because pedestrians have little protection against impact from a vehicle. As of 2026, Illinois still uses fault-based rules in pedestrian accident cases. This makes the details of the crash especially important. Deciding who is responsible for a collision depends on who failed to follow traffic laws or act safely at the time of the crash. While drivers are often at fault, responsibility is not automatic and depends on the facts.

Pedestrian crashes remain a serious safety issue. In a report released in 2025, the Governors Highway Safety Association estimated that more than 7,100 pedestrians were killed in motor vehicle crashes in a single year. If you were hit by a vehicle, our Orland Park, IL pedestrian accident lawyer can help review what happened and who may be responsible.

Are Drivers Always at Fault in Pedestrian Accidents in Illinois?

Drivers are not automatically at fault in every pedestrian accident. Still, they have a duty to watch for pedestrians and follow traffic laws.

A driver may be responsible if they were speeding, distracted, failed to yield, ran a red light, or ignored a crosswalk. Police reports and witness statements often help show what the driver was doing before the crash.

Can a Pedestrian Be Partly Responsible for an Accident in Illinois?

Pedestrians also must follow traffic rules. For example, a pedestrian may share fault if they crossed outside a crosswalk, ignored a signal, or stepped into traffic suddenly.

Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. Under this rule, a pedestrian cannot receive compensation if they are found to be equally or more responsible than the driver. If the pedestrian is partly responsible but less than half at fault, any compensation they receive is lowered to reflect their level of responsibility.

Who Else Could Be Responsible for a Pedestrian Accident?

Sometimes, other parties may share responsibility. This depends on how and where the accident happened.

Possible responsible parties may include:

• A vehicle owner who allowed an unsafe driver to use the car

• An employer, if the driver was working at the time

• A government agency responsible for poor road design or lighting

• A construction company that created unsafe walking conditions

Finding all responsible parties can affect how much compensation may be available.

How Do Traffic Laws Affect Pedestrian Accident Claims?

Traffic laws play a major role in these cases. Illinois law gives pedestrians the right of way in many situations, especially in marked crosswalks.

Under 625 ILCS 5/11-1002, drivers must yield to pedestrians in crosswalks when required. Violations of traffic laws often support a claim that a driver was negligent.

What Evidence Matters in a Pedestrian Accident Case?

Evidence helps explain how the accident happened and who was at fault. Pedestrian accidents happen quickly, and evidence should be gathered as soon as possible.

Important evidence may include police reports, witness statements, traffic camera footage, and photos of the scene. Medical records also help demonstrate the extent of injuries.

What Compensation May Be Available After a Pedestrian Accident?

Injured pedestrians may seek compensation for medical care, missed work, and the physical effects of their injuries. Serious injuries may require future treatment or limit a person’s ability to work.

If a pedestrian is killed, family members may bring a wrongful death claim under the Illinois Wrongful Death Act. These claims may address loss of support and companionship.

What Should You Do After Being Hit by a Vehicle?

Getting medical care should come first after being hit by a vehicle. Some injuries are not obvious right away and can get worse over time if they are left untreated.

Reporting the accident, keeping records, and avoiding statements that assign fault too early can help protect your claim. Speaking with a lawyer early can also help preserve evidence.

Schedule a Free Consultation With Our Orland Park, IL Pedestrian Accident Attorney

If you were injured in a pedestrian accident, Issa Law, LLC can help you understand your options. Attorney Kal Issa has handled well over 100 contested matters, including bench trials and jury trials in both criminal defense and personal injury cases. That experience helps him advocate strongly for injured pedestrians.

Call 708-966-2408 to schedule a free consultation with our Orland Park, IL pedestrian accident lawyer. Personal injury cases are handled on a contingency-fee basis, so you pay no attorney’s fees unless we recover compensation for you.