The Law Offices of James M. Freeman, P.C.

Pedestrian/automobile accidents are some of the bloodiest accidents an attorney will ever see. Years ago I knew an undertaker who would never stand near a street corner becuase of all the people he had buried over the years who had been run down while just standing on the corner of a street waiting to cross. The law in Chicago is actually reasonably favorable with respect to pedestrians. Pedestrians have the right-of-way on sidewalks and in marked crosswalks unless the pedestrian has a red light or "don't walk" signal.

Pedestrians should not cross streets at places other than marked crosswalks. In instances where pedestrians cross the street mid-block outside of a crosswalk they are required to yield the right-of-way to all traffic before crossing the street.

In Chicago cars are required to yield to pedestrians in crosswalks that are not located at intersections. This is one of the most disregarded traffic laws in Chicago. Pedestrians are supposed to have the right-of-way within such marked crosswalks unless there is a "Don't Walk" sign or red light illuminated for the pedestrian. In marked crosswalks with no traffic control devices cars are required to yield to pedestrians.

Vehicles emerging from an alley or crossing over a sidewalk are also expected to stop, then yield the right-of-way to pedestrians before proceeding. I have found that this is another statute that is largely ignored in Chicago. It is not enough to honk the horn before blindly driving out of an alley.

9-24-050 Pedestrians in roadway to have right-of-way
When the movement of traffic is not controlled by traffic-control devices, a police officer or traffic control aide, the operator of a vehicle shall yield the right-of- way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

9-24-030 Crosswalks – Pedestrians to have right-of-way
Where stop signs are in place at a plainly marked crosswalk at an intersection or between intersections, pedestrians within or entering the crosswalk at either edge of the roadway shall have the right-of-way over vehicles stopped in obedience to such signs. Drivers of vehicles having so yielded the right-of-way to pedestrians entering or within the nearest crosswalk at an intersection shall also yield the right-of-way to pedestrians within any other crosswalk at the intersection.

9-24-060 Right-of-way at sidewalks
The driver of a vehicle emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving onto any sidewalk or sidewalk area extending across an alleyway, yield the right-of-way to any pedestrian as may be necessary to avoid collision and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on the roadway.