In motor vehicle collisions involving pedestrians, a vehicle driver’s liability may be significantly reduced or eliminated by the pedestrian’s conduct being in violation of state, federal, or municipal laws. Pedestrians (including children darting out onto roadways) related laws are abstracted and summarized by the Parad firm for public education. 

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Pedestrians shall: 

• Obey the instructions of any official traffic control device applicable to him, unless otherwise directed by a police officer. 625 ILCS 5/11-1001. 

• Move, whenever practicable, upon the right half of the crosswalks. 625 ILCS 5/11-1005. 

• Walk only on a shoulder, as far as practicable from the edge of the roadway, where a sidewalk is not available, while walking along and upon a highway. 625 ILCS 5/11-1007 (b) 

• Walk only on the left side of the roadway while walking along and upon a two-way roadway highway and as near as practicable to an outside edge of a roadway, and, if where neither a sidewalk nor a shoulder is available. 625 ILCS 5/11-1007 (c) 

• Yield the right-of-way to all vehicles upon the roadway when a pedestrian crosses a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection. 625 ILCS 5/11-1003(a).

•  Yield the right-of-way to all vehicles upon the roadway when crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided. 625 ILCS 5/11-1003(b). 

• Yield the right-of-way to all vehicles upon the roadway while walking upon a roadway. 625 ILCS 5/11-1007 (d) 

• Yield the right-of-way to the authorized emergency vehicle upon its immediate approach using audible and visual signals, or a police vehicle properly and lawfully using an audible signal only. 625 ILCS 5/11-1009. 

• Move whenever practicable upon the right side of the crosswalks. CMC 9-60-070. 

•  Walk along and upon an adjacent roadway where sidewalks are provided. CMC9-60-080 (a). 

• Walk only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction where sidewalks are not provided for pedestrians walking along and upon a roadway. CMC 9-60-080 (b). 

•  Be subject to traffic-control signals. CMC 9-60-100. 

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Pedestrians shall not: 

•  Suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle that is so close as to constitute an immediate hazard. 625 ILCS 5/11-1002(b). 

• Walk or be on a highway except on a sidewalk if a pedestrian is under the influence of alcohol or any drug to a degree that renders himself a hazard. 625 ILCS 5/11-1010. 

•  Walk along and upon an adjacent roadway where a sidewalk is provided and its use is practicable. 625 ILCS 5/11-1007(a). 

• Cross at any place except in a marked crosswalk if traffic-control signals are in operation between adjacent intersections. 625 ILCS 5/11-1003(c) 

•  Cross a roadway intersection diagonally unless authorized by official traffic-control devices pertaining to such crossing movements. 625 ILCS 5/11-1003(d). 

• Enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. 625 ILCS 5/11-1011(a). 

• Pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. 625 ILCS 5/11-1011(b). 

• Enter, remain upon or traverse over a railroad grade crossing or pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical signal device is giving warning of the presence, approach, passage, or departure of a railroad train or railroad track equipment. 625 ILCS 5/11-1011(c). 

• Pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. 9-60-040 (a). 

• Enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. 9-60-040 (b). 

• Cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk 9-60-060 (a). 

• Suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield. 9-60-060 (b). 

• Stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. 9-60-090. 

• Carry or use on the public streets of the city any cane or walking stick that is white in color, or white with a red end on the bottom, except for persons wholly or partially blind 9-60-110. 

 

Pedestrians shall not cross: 

•  Between intersections except where there may be a marked crosswalk. 9-60-010 

• A roadway other than in a crosswalk on any street. 9-60-020.

• The roadway of a limited-access street or highway other than by means of those facilities which have been constructed as pedestrian crossings or at those points where marked crosswalks have been provided. 9-60-030 (a). 

• A roadway where a public pedestrian tunnel or bridge has been provided other than by way of the tunnel or bridge within a section designated by the erection of appropriate signs or fencing. 9-60-030 (b). 

 

Pedestrians with disabilities may cross a roadway at any point other than within 

• A marked or unmarked crosswalk where the intersection is physically inaccessible to them but must yield the right-of-way to all vehicles upon the roadway. 625 ILCS 5/11-1003(e). 

 

Every person operating a motorized wheelchair, or an electric personal assistive mobility device, upon a sidewalk or roadway, is subject to all the rights and duties applicable to a pedestrian. 625 ILCS 5/11-1004.1; 625 ILCS 5/11-1005.1. 

 

Pedestrians have the duty to exercise due care for their own safety. CMC 9-60-120. 

• Every pedestrian crossing a roadway at any point other than within a crosswalk shall yield the right-of-way to all vehicles upon the roadway. 9-60-050 (a). 

 

In sum, a pedestrian knocked down by a car traveling on a highway may not be entitled to injury compensation if the pedestrian violated the duty to exercise due care for his/her own safety and acted contrary to the above-listed laws, e.g., by suddenly stepping into the path of the fast-moving car and, thus, becoming contributorily negligent in causing the collision. If the court deems that such contribution in collision causation is more than 50% of the total liability, then the pedestrian and her next of kin will not receive any recovery for their damage.

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Based on the Chicago Municipal Code and Illinois Statutes.

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