Downtown Chicago is known for being one of the most walkable cities in the country, with several nationally recognized museums, beautiful architecture, some of the best food in the world, and even famous shopping avenues. The downside to this, however, is that pedestrian accidents and fatalities in particular are on the rise.
According to the National Safety Council, 2022 showed a 6% increase in pedestrian fatalities over the previous decade. With pedestrian deaths making up approximately 17.7% of all traffic deaths, pedestrians should be aware of the risks involved with texting and walking. Even a relatively minor accident may result in having to work with a Chicago car accident attorney to recover your damages.
Pedestrian Responsibilities
While navigating roadways or sidewalks pedestrians are expected to follow all applicable traffic and safety guidelines with respect to the context of their situation. While there are significant protections in place for pedestrians in Chicago, they are also held to a standard of care for other pedestrians as well as drivers in the vicinity. This means they can be held liable if their negligence creates a dangerous situation that results in damages or injuries to another party.
Distracted Walking
While many people would consider texting and walking to be an everyday occurrence, it is considered “distracted walking” and could lead to significant injury. While Illinois does not have any distracted walking statutes in effect currently, they have been attempted.
Even though there is no legislation in place that bars pedestrians from operating mobile devices while walking, that simply means it isn’t its own offense. However, if it is found during the investigation of an accident that a pedestrian was acting with negligence, no matter what they were doing at the time, there is the chance that it could eventually affect any potential injury claims.
Contributory Fault
If you are hit by a car while texting and walking, there are a lot of other variables that may factor into the ultimate determination of “fault” by either police at the scene or later litigious action. In most situations, someone walking and texting would not generally be liable for injuries or damages, assuming they were following all rules of the road applicable to pedestrians. This can change, however, if it is found that the person who was guilty of distracted walking was also violating other rules or codes in place to keep pedestrians and motorists safe.
For example, if a pedestrian is walking while distracted, and they attempt to cross a street while traffic has the right of way, they would have demonstrated significant contributory negligence. Since Illinois is a modified comparative negligence state, if it is determined that the pedestrian held 51% of the fault or more, they cannot collect damages and may be liable for damages claimed by others.
Contact Our Chicago Personal Injury Attorneys Today
Hale & Monico has been trusted by Chicago accident victims for many years, earning our clients the compensation they deserve. If you are involved in a car accident, contact our office for a free consultation.