Can a Pedestrian Be Liable in a Car Accident Case?

 Posted on April 14, 2025 in Pedestrian accidents

Most states, including Illinois, have road laws that prioritize pedestrian safety. In theory, a car accident involving an injured pedestrian would likely place the blame on the driver. However, there are incidents where a pedestrian could be at fault.

If you were a pedestrian hit by a car, an Illinois pedestrian accident lawyer will understand the laws that apply to your case, including those that govern recoverable damages. Knowing your rights is crucial in a personal injury case.

What Is Modified Comparative Negligence?

Pedestrians are responsible for upholding traffic laws that apply to them. Therefore, they can be partially liable for a car accident if they contributed to the cause, typically by violating a traffic law. For example, crossing a crosswalk when the signal says not to walk would be a violation of pedestrian traffic law. If a pedestrian was hit by a car while crossing the street illegally, they would at least be partially liable.

Illinois law applies the rule of modified comparative negligence to cases involving shared fault. If the pedestrian is deemed more than 50 percent responsible for the accident, they will not be able to recover damages. If they are less than 50 percent liable, they can recover a portion of the total losses equal to the other party’s percentage of fault.

How Do You Determine if a Pedestrian is Liable for an Accident?

With any auto accident case, a thorough investigation is required to determine fault. The police are the first to investigate when they arrive on the scene. After filing an insurance claim with the at-fault party’s provider, the insurance adjuster will investigate. If the injured pedestrian hires an attorney, the attorney will conduct independent research to find evidence proving fault.

What Evidence Can You Use To Prove Fault?

Evidence of fault will vary based on the circumstances, but some common examples include:

• Footage recovered from traffic or security cameras
• Dashcam recordings that show the accident as it happens
• Photographs of the scene
• Eyewitness testimony from onlookers and people involved in the accident

Some situations may limit a pedestrian’s liability. For example, if they were hit by a driver who was under the influence or violating traffic laws, such as speeding or running a red light, the pedestrian’s fault may be diminished in light of the driver’s gross negligence.

Contact a Park Ridge, IL Personal Injury Attorney for a Free Consultation

If you were struck by a car and injured, you likely have questions about how your case could impact you financially. At Quinn Law Group, LLC, fighting for clients’ right to compensation and protecting them from predatory insurance companies that may take advantage of them in a difficult situation is the priority. Call 847-232-7180 to schedule a free consultation with an experienced Glenview, IL pedestrian accident lawyer.