Who’s at Fault If a Pedestrian Gets Hit Jaywalking?

 Posted on March 31, 2026 in Pedestrian Accidents

Getting hit by a car is a traumatic experience no matter where it happens, and unfortunately, it’s fairly common. The National Highway Traffic Safety Administration estimates that 60,577 pedestrians were injured in traffic crashes in the United States in one recent year alone. 

But if you were crossing the street outside of a marked crosswalk when a driver struck you, you may be wondering if you can still file a personal injury case. A Decatur personal injury attorney can help you understand where the liability falls and if you can still recover any damages in 2026.

Does Getting Hit While Jaywalking Prevent You from Taking Legal Action in Illinois?

Crossing outside a crosswalk (commonly called jaywalking) doesn't automatically end your rights to sue. Illinois follows a rule called "modified comparative fault," which means that fault for an accident can be divided between multiple parties. Your part of the blame reduces your compensation, but it doesn’t cut it entirely unless you are found more than 50 percent responsible for the accident per 735 ILCS 5/2-1116. 

This means that the question is more nuanced than just "were you outside a crosswalk." How your actions and the driver's actions contributed to the crash are both relevant.

What Responsibilities Do Illinois Drivers Have Around Pedestrians?

Drivers have a greater responsibility regardless of whether pedestrians near them are in or out of crosswalks. Drivers are legally required to exercise "due care" to avoid hitting pedestrians anywhere on a roadway. A driver who is speeding, distracted by a phone or other device, impaired, or not responding appropriately to the conditions around them can still be held liable even if pedestrians aren’t in a designated crossing area.

How Is Fault Determined After a Pedestrian Accident in Illinois?

Courts and juries will look at the full picture of the situation when assigning fault for car/pedestrian accidents. This includes:

• How fast the driver was going relative to the speed limit and road conditions

• Whether the driver had time to react and could have avoided the pedestrian

• Whether the driver was distracted, i.e., by a phone

• The visibility and lighting conditions at the time of the accident

• Whether the driver had any prior warning that pedestrians were in the area

A driver who had a reasonable opportunity to avoid hitting someone and failed to do so carries significant fault, regardless of where the pedestrian was in the road.

Important Evidence for Your Pedestrian Personal Injury Claim

If you’re afraid a court might find fault with your jaywalking, you need to put together a strong case that the driver contributed to the accident. Evidence from the scene is very important for this. 

Immediately after the accident, take note of any traffic and security cameras on nearby businesses or intersections. The footage from these cameras can be a key piece of evidence. Get witness statements from people who saw what happened, and after police have arrived and made a report, get a copy of their report and any citations issued to you or the driver. 

Take photos of skid marks, your injuries, and the layout of the scene. Write down exactly what happened so you can articulate it clearly to your lawyer (and a court if needed). Don’t admit fault at the scene. Even an apology can be misconstrued as fault.  

Acting quickly is important to avoid insurance companies posing you as the one who caused the accident. When a pedestrian was outside a crosswalk, insurance adjusters often use that to argue that the pedestrian was entirely at fault. This is a strategy to avoid a payout, not necessarily an accurate picture of what happened. An attorney who has handled these cases knows this. They also know how to present evidence that shows the driver also had a role in the accident.

Call a Springfield, IL Pedestrian Accident Attorney Today

Crossing outside a crosswalk doesn’t mean you’re out of options. Our Decatur personal injury lawyer at Kanoski Bresney offers free consultations. Attorney Bresney previously served as a State's Attorney for Cook County, and our firm brings over 100 years of combined legal experience to personal injury cases like yours. Call 888-826-8682 to schedule your free consultation today.