Chicago Accident Lawyer Blog
By Zneimer & Zneimer P.C., Chicago Pedestrian Injury Lawyers
Chicago has invested heavily in pedestrian safety in recent years. You see it everywhere: curb bump-outs, high-visibility crosswalks, pedestrian refuge islands, and redesigned intersections meant to slow cars and protect people on foot. People are encouraged to cross at crosswalks but that doesn’t prevent people from jaywalking.
“Jaywalking” is not a single offense under Illinois law. It generally refers to crossing a street:
- Mid-block instead of at an intersection
- Against a pedestrian control signal
- Outside a marked or implied crosswalk
Under Illinois law:
- Drivers must yield to pedestrians in crosswalks in many circumstances
- Pedestrians crossing outside a crosswalk generally must yield to vehicles
However, yielding does not give drivers the right to hit people.
National crash data consistently shows that the majority of fatal pedestrian crashes occur away from intersections, not inside them. In recent years:
- Over 7,000 pedestrians are killed annually in the U.S.
- Roughly three-quarters of fatal pedestrian crashes happen at non-intersection locations
- Many occur at night, when visibility is reduced
This matters legally, because insurance companies often argue that crossing mid-block equals fault. The data shows something different: street design, speed, visibility, and driver behavior play a major role.
Are Chicago’s pedestrian improvements helping?
Chicago’s pedestrian-safety upgrades are real—and in targeted locations, they work.
Studies and city data show that:
- Driver yielding to pedestrians increased significantly at intersections after safety improvements
- Some redesigned corridors saw double-digit reductions in crashes
- Bump-outs shorten crossing distance and make pedestrians visible sooner
But citywide, serious injuries and fatalities remain stubbornly high. Why?
Because:
- Many Chicago streets are still wide, fast, and hostile to pedestrians
- Speeding and distracted driving remain widespread
- SUVs and trucks cause more severe injuries
- Enforcement is inconsistent
In short: infrastructure helps, but it doesn’t excuse careless drivers.
If you were hit while jaywalking, do you still have a case? That depends.
Illinois follows a modified comparative negligence system. That means:
- Fault can be shared between the pedestrian and the driver
- You can still recover damages as long as you are not more than 50% at fault
- Any recovery may be reduced by your percentage of fault
Insurance companies often claim:
“You were jaywalking, so this is your fault.”
That is not the law.
Drivers still have legal duties, including:
- Maintaining a proper lookout
- Driving at a safe speed for conditions
- Avoiding collisions when reasonably possible
- Using headlights and signals appropriately
- Not driving distracted, impaired, or aggressively
Factors that often determine liability in jaywalking cases
The personal injury lawyers of Zneimer & Zneimer P.C., look far beyond whether a client was in a crosswalk. Critical evidence includes:
- Was the driver speeding or distracted?
- Lighting conditions and visibility
- Distance and reaction time
- Presence (or absence) of nearby crosswalks
- Vehicle size and stopping distance
- Surveillance, dashcam, CTA, or building video
- Witness testimony
- Whether the driver fled the scene
Many “jaywalking” cases become driver-negligence cases once the full facts are uncovered.
Common scenarios where drivers are still at fault
We regularly see serious injuries when pedestrians are struck:
- Crossing multi-lane streets where one car stops and another doesn’t
- Stepping out from between parked cars on poorly lit blocks
- Crossing near bus stops, train stations, or commercial corridors
- At night, when drivers fail to adjust speed for visibility
In these cases, speed, distraction, and failure to anticipate pedestrians are often the real causes, not the pedestrian’s decision to cross mid-block.
What to do if you’re hit while crossing the street
If you’re struck by a vehicle in Chicago:
- Call 911 immediately
- Get medical treatment—even if injuries seem minor
- Obtain the crash report number and driver information
- Photograph the scene, lighting, signals, and street layout
- Get names and contact info of witnesses
- Preserve clothing and shoes
- Do not assume you “don’t have a case”
- Speak with an experienced pedestrian injury lawyer
How Zneimer & Zneimer P.C. can help
Pedestrian injury cases are complex. Insurance companies aggressively shift blame to injured people, especially when jaywalking is involved.
At Zneimer & Zneimer P.C., we:
- Investigate crashes thoroughly
- Preserve and obtain video evidence quickly
- Work with accident reconstruction experts when necessary
- Push back against unfair blame-shifting
- Fight for full compensation for medical bills, lost income, pain, and long-term disability
The personal injury lawyers of Zneimer & Zneimer P.C. have experience handling many types of pedestrian injury cases and we know how important it is to conslute with an experienced attorney after being injured.