The Majority of Chicago Pedestrians Who Get Hit Are Hurt at Crosswalk
The majority of pedestrian-vehicle accidents in Chicago take place in the crosswalk. Careless drivers need to be held accountable for their negligence.

October 14, 2011 /24-7PressRelease/ -- Although pedestrian-vehicle crashes have declined over the past fifteen years, the sheer volume of them coupled with the discovery of where they took place reveals a city in need of a change. In August, the Chicago Tribune revealed the results of a five year study conducted by the Chicago Department of Transportation. The results even shocked law enforcement.

The city study was conducted from 2005 to 2009 and covered a broad range of the city, from Lake Calumet in the south past the Magnificent Mile to West Ridge and Rogers Park in the north. The vast majority of pedestrian accidents, almost 80 percent, took place when people were legally using crosswalk. Most of the people that were struck were hit by motor vehicles that were turning. The following highlights some of the most disturbing statistics:
- There were 17,487 accidents that involved 18,377 pedestrians
- 16 percent of those accidents resulted in a serious injury or a fatality
- One-third of all pedestrian accidents is a hit-and-run
- 3,683 people were killed by hit-and-run drivers over the study period
- There are 2 hit-and-run accidents each day in Chicago that cause either injury or death
- Almost 30 percent of the pedestrians hit by vehicles were teens

Who is Responsible?

According to the article in the Tribune, Chicago Transportation Commissioner, Gabe Klein, sees taxi cab drivers in Chicago as a "menace" and would like to see reforms in place that force Chicago taxi drivers to use more caution. His feelings may not be misplaced. Taxi cab drivers were responsible for 28 percent of pedestrian crashes in busy areas of downtown.

Changes in enforcement and possibly licensing of cab drivers may be in order. The Chicago Tribune conducted its own investigation of cab drivers because of the death of two pedestrians earlier this summer by taxis. The Tribune uncovered an unexplained pattern of dismissing cab driver citations by city prosecutors.

But taxi drivers are not the only culprits. The study found increased pedestrian-vehicle accidents were more closely tied to locations, such as high-crime areas or several high- traffic areas downtown.

Drunk drivers also take their toll. In late September, a 50 year-old man from Redmond, Wash was killed while attempting to cross Lake Shore Drive.

Consequences for Carelessness

The city vows to step up enforcement efforts to address this issue, but tickets alone are unlikely to alter a hurried driver's behavior. For those injured or killed, their lives have been changed forever by a driver's negligence.

The consequences for a driver's negligence are felt most profoundly by the injured person and his/her family. The injuries may be short term resulting in a loss of income from being out of work and medical bills arising out of treatment, but more often, because the pedestrian is not typically wearing protective gear, the impact from a pedestrian-vehicle accident will result in long-term or permanent injury.

A pedestrian may suffer anything from a sprain or broken bone to spinal cord, brain injury or death. In these cases, it is important to hold the negligent party accountable for their actions.

Illinois Negligence Laws

Typically, injured individuals or families will file a personal injury action against the driver using a negligence claim to try and recover damages for their losses. In Illinois, an injured person must prove three things:
- The defendant had a duty to exercise care to prevent injury to the plaintiff
- The defendant breached that duty or failed to perform it sufficiently to prevent injury
- Prove that the plaintiff suffered a loss of some kind as a result of that breach

Even though the defendant may not be 100 percent to blame for the plaintiff's injuries, the plaintiff can still recover some damages under two doctrines of plaintiff responsibility. Comparative negligence simply reduces the injured party's award by his or her portion of responsibility in the accident.

Like comparative negligence, contributory negligence offsets the damages to the injured person by their respective percentage of responsibility. The difference is that contributory negligence limits the point at which recovery will be possible.

Contributory negligence allows an injured person to recover from party who injured them as long as his or her portion of responsibility is under 51 percent. This operates under the theory that the plaintiff breached a duty to protect himself or herself from harm. Courts generally must determine whether the injured person's own negligence played a significant role in their injury.

Illinois uses a modified contributory negligence statutes. Originally, this defense would prevent a plaintiff from recovering anything if they bore some responsibility in the accident.

If you or a family member have been hit by a motor vehicle, whether it is a car, truck or bus, it is important you speak with an experienced Chicago personal injury attorney before you speak with an insurance adjuster. Not only will a pedestrian crosswalk attorney give you peace of mind, they will help you preserve your rights.

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