You may have a case if the crash happened because another person failed to use reasonable care and that failure caused injury.
In many pedestrian accident cases, the issue is whether the driver involved was speeding, distracted, failed to yield, ignored traffic conditions, or otherwise caused the collision through driver negligence.
A valid pedestrian injury claim also requires proof that the collision caused actual losses, such as treatment costs, lost income, pain, or lasting impairment.
A case may also turn on whether the pedestrian was in a marked or unmarked crosswalk, whether traffic signals applied, whether the driver was turning, whether visibility was limited, and whether the driver failed to keep a proper lookout.
A claim may be supported when:
- You were lawfully walking when a vehicle struck you
- The driver failed to yield or was otherwise negligent
- You needed medical treatment after the crash
- The crash caused bodily injury, missed work, or long-term limitations
- The evidence supports a direct connection between the crash and the losses
A claim can still be worth reviewing even if the driver says the pedestrian was partly responsible.
Illinois comparative-fault rules do not automatically bar every case.
Who Can Be Held Liable in a Pedestrian Accident Claim?
The driver who struck the pedestrian is often the first defendant, but not always the only one.
Depending on the facts, a pedestrian claim may also involve an employer, vehicle owner, commercial carrier, rideshare company, or another party connected to the trip.
Some cases overlap with truck accidents or delivery-vehicle collisions, where liability may extend beyond the individual driver.
If the driver was working at the time, liability may depend on employment status, trip purpose, vehicle ownership, insurance coverage, and whether the driver was acting within the scope of work.
Potentially liable parties may include:
- The at-fault driver
- An employer if the driver was working at the time
- A company that owned or controlled the vehicle
- A commercial motor carrier
- A rideshare company or delivery platform, depending on the driver’s status and available coverage
- Another negligent third party connected to the crash
In some situations, the facts may also raise related issues outside ordinary traffic negligence, including roadway design or even premises liability if a parking-lot or private-property condition contributed to the incident.
Liability depends on who caused or materially contributed to the crash.
What Causes Most Pedestrian Accidents?
The causes of pedestrian accidents vary, but many involve preventable driver behavior.
Some of the most common causes include distracted driving, speeding, failure to yield, turning without checking for pedestrians, backing up without looking, and poor visibility conditions.
A crash can also happen when a driver is focused on other traffic and never sees the person in the roadway until it is too late.
Common causes include:
- Distracted driving
- Failure to yield at a crosswalk
- Speeding
- Running traffic signals or stop signs
- Backing-up collisions
- Driving too fast for visibility or weather
- Impaired driving
- Inattention in parking lots or near intersections
- Left-turn collisions
- Right-turn-on-red collisions
- Drivers failing to check crosswalks before turning
- Poorly marked crosswalks or obstructed visibility
- Door-zone or parking-lot conflicts
- Failure to use headlights in low visibility
Illinois law specifically addresses pedestrians’ right-of-way at crosswalks, which can be a central issue in these cases.
In Edwardsville pedestrian cases, liability often turns on whether the driver should have anticipated foot traffic near crosswalks, intersections, school zones, parking lots, or commercial entrances.