Pedestrian Accident Claims in Illinois
When drivers in Illinois must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where there are no working traffic signals, drivers must stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching closely from the other half. 625 ILCS 5/11-1002, 11-1003
| Pedestrian right-of-way | Where there are no working traffic signals, drivers must stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching closely from the other half. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and must not suddenly step into the path of a vehicle too close to stop. Read on ilga.gov on 2026-10-28. Source: 625 ILCS 5/11-1002, 11-1003 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse. Source: 735 ILCS 5/2-1116 |
| Minimum car insurance | Vehicles must be covered by liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one crash, and $20,000 for property damage (25/50/20). Source: 625 ILCS 5/7-601, 5/7-203 |
| Deadline to sue for an injury | A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit. Source: 735 ILCS 5/13-202 |
More Illinois personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Illinois
- Wrongful Death Lawsuits in Illinois
- Medical Malpractice Rules in Illinois
- Car Accident Claims in Illinois
- Dog Bite Liability in Illinois
- Slip, Trip and Fall Injuries in Illinois
- Sidewalk and Public Property Falls in Illinois
- Motorcycle Accident Claims in Illinois
- Bicycle Accident Claims in Illinois
- Uber and Lyft Accident Claims in Illinois
- Truck Accident Claims in Illinois
- Construction Site Injuries in Illinois
- All Illinois personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Illinois?
Where there are no working traffic signals, drivers must stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching closely from the other half. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and must not suddenly step into the path of a vehicle too close to stop.
Can you recover damages if you were partly at fault in Illinois?
Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse.
What is the minimum car insurance required in Illinois?
Vehicles must be covered by liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one crash, and $20,000 for property damage (25/50/20).
What is the statute of limitations for personal injury in Illinois?
A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.