You’re walking down a busy street, texting a friend or checking directions. A driver turns the corner without noticing you. The next thing you know, you’re on the ground—and both of you think the other is to blame.
It’s essential to be aware that pedestrian accidents involving distracted walking are on the rise, particularly in areas like Northbrook where foot and vehicle traffic intersect. While it’s a common assumption that the driver is always at fault, the law may see it differently, especially if the pedestrian was also distracted at the time of the crash.
Distractions Aren’t Just for Drivers
We talk a lot about distracted driving, and for good reason. But distracted walking is also a real problem. Smartphones are the main culprit, but they’re not the only ones. People walking while wearing earbuds, eating, talking to someone else, or simply zoning out can all put themselves at risk, especially when crossing busy roads, parking lots, or intersections with limited visibility.
The National Safety Council reports that pedestrian injuries associated with smartphone use have increased in recent years. The combination of shorter attention spans and larger vehicles has made everyday walks far more hazardous than they once were.
Can a Pedestrian Really Be at Fault?
Yes, a pedestrian can be at fault in Illinois. According to our state’s modified comparative negligence rule, both the pedestrian and the driver can share legal responsibility for an accident. If you, as the pedestrian, are found to be less than 50% at fault, you can still receive compensation for your injuries. However, this compensation will be reduced based on your share of fault. If you’re 51% or more at fault, you may not be able to recover anything.
This can lead to complicated cases where both sides claim the other wasn’t paying attention. For example, a pedestrian might have been checking their phone while crossing, but the driver might also have been adjusting the radio or speeding through a yellow light. The key question becomes: Who was more responsible?
How Fault Is Determined
Fault isn’t something either party gets to decide on their own. It’s typically determined based on a combination of:
- Eyewitness accounts
- Traffic or security camera footage
- Police reports
- Cell phone records
- Physical evidence at the scene
Insurance companies will conduct their own investigation, and they’re often quick to shift blame toward the pedestrian to reduce the amount they have to pay. That’s why having an experienced pedestrian accident attorney on your side can make a big difference.
Real-Life Examples of Shared Fault
Here are some situations where fault may be split between a driver and a pedestrian:
- A pedestrian looks down to read a text and steps into the street outside of a crosswalk while a driver rolls through a stop sign without looking.
- A jogger wearing noise-canceling headphones crosses an intersection just as a car makes a right turn without checking the crosswalk.
- A pedestrian is daydreaming or intoxicated while a driver speeds through a parking lot and hits them.
In each case, the details matter. The timing, the location, and the conduct of each party can influence how fault is assigned and whether compensation is available.
What to Do After a Pedestrian Accident in Northbrook
If you’ve been injured as a pedestrian, even if you were partially distracted, it’s essential to protect your rights. Start by getting medical attention as soon as possible. Not all injuries show up right away, and your health should always come first.
You should also try to document the scene if you’re able. Take photos, get contact information from witnesses, and make a police report. Avoid discussing fault with the driver or their insurance company. Instead, speak with a local personal injury lawyer who can evaluate your case and help you understand your legal options.
You May Still Have a Case
Remember, being distracted doesn’t automatically make you the one to blame. If you were hurt in a pedestrian accident in Northbrook, don’t hesitate to seek the guidance of an experienced injury attorney. Shared fault can be complex, but you have options and rights available to you. At Stein & Shulman, we’re here to help injury victims like you stand up for their rights, even when fault isn’t clear-cut. Contact us today so we can start working on your claim.
