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HomeBlogAuto AccidentsDo Pedestrians Always Have The Right of Way?
23 May, 2022

Do Pedestrians Always Have The Right of Way?

In the Chicago region, a lot of confusion exists regarding at which point a pedestrian has a right of way to cross the street, and this can lead to accidents. Whether or not a pedestrian has a right of way depends on the circumstances surrounding the attempted crossing of the roadway. Illinois law specifies when a right of way exists for pedestrians to which cars must yield, and many factors can be considered. If a driver hit you while you were crossing the street, contact a pedestrian accident lawyer at The Horwitz Law Group for help. 

When Do Pedestrians Have the Right Of Way on Roadways In Illinois?

First, we turn to the circumstances under which pedestrians do have the right of way. In Illinois, statutory grants of right of ways to pedestrians exist in several circumstances. Under such circumstances, cars must yield to pedestrians with the right of way. 

In Illinois, pedestrians are required to abide by all traffic laws and traffic control devices – for example, the electronic sign that tells pedestrians when to cross a road by a changing light. In the absence of traffic controls, pedestrians will have a right of way in a crosswalk – and subsequently vehicles must stop and yield to this right of way. 

A right of way for pedestrians to which all cars must yield also arises under the statute when the leading car at an intersection or crosswalk has stopped, intending to allow a pedestrian to cross. The statute prohibits any other car than the one stopped from overtaking or going around the stopped car, failing to yield to the pedestrian’s right of way in this instance. 

Furthermore, whenever there are “stop signs or flashing red light signals” at an intersection or a plainly marked crosswalk, pedestrians will be afforded the right of way over vehicles. Finally, under 625 ILCS 5/11-1001, any pedestrian with a “clearly visible” disability must be given the right of way by any vehicle, and such pedestrians are authorized to cross the road at any point, regardless of crosswalks or intersections. 

When Do Pedestrians Not Have the Right Of Way & Must Yield to Cars?

Any pedestrian attempting to cross a roadway at any place other than within a marked crosswalk or an unmarked crosswalk at an intersection is obligated to yield to the motorist’s superior right of way. At any intersection or roadway where there is no designated crosswalk, pedestrians must yield to a vehicle’s right of way. Pedestrians are prohibited from crossing intersections or roadways diagonally and must yield to cars having the right of way. Between adjacent intersections at which traffic control signals are in operation for pedestrians, pedestrians have no right of way except crossing within the marked sidewalk designated for them. 

Contact a Chicago Pedestrian Accident Attorney

If you were injured as a pedestrian by a driver failing to yield the right of way, you need to call The Horwitz Law Group. Our firm has substantial experience and handles these kinds of pedestrian injury cases in the Chicago area. Don’t wait to reach out to ensure your legal rights are protected. Contact us today for more details on how we can potentially represent you in your claim.

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