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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-wayWhere 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.
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.
Minimum car insuranceVehicles 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).
Deadline to sue for an injuryA 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.

More Illinois personal injury & wrongful death

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.