Yes — jaywalking does not automatically disqualify you from filing a personal injury claim in Illinois. However, your ability to recover compensation will depend on how much fault you share in the accident.
How Does Comparative Negligence Affect Jaywalking Cases?
Illinois follows a modified comparative negligence system. This means:
- You can recover damages as long as you were 50% or less at fault.
- Your compensation will be reduced proportionally to your share of fault.
For example, if you were jaywalking and found to be 30% responsible for the accident, and your damages totaled $100,000, you could still recover $70,000.
Jaywalking Doesn’t Automatically Equal Fault
Just because you were jaywalking doesn’t mean the driver wasn’t also negligent. You may still have a valid claim if the driver was:
- Speeding
- Distracted
- Driving under the influence
- Failing to yield or obey traffic signals
The key factor is whether the driver’s actions also contributed to the accident — and to what extent.
Proving Negligence and Seeking Compensation
If you were hit by a car while jaywalking, recovering compensation depends on your ability to prove that the driver was negligent. This involves establishing four key elements of a personal injury claim:
- Duty of Care – The driver owed you a legal duty to operate their vehicle safely.
- Breach of Duty – The driver failed to meet that duty by acting carelessly (e.g., speeding, texting while driving, failing to yield).
- Causation – The driver’s actions directly caused the accident.
- Damages – You suffered physical, emotional, or financial harm as a result.
To build a strong case, you’ll need solid evidence. This can include:
- Witness statements
- Police reports
- Surveillance or traffic camera footage
- Medical records and expert evaluations
Why You Should Talk to an Attorney
Even if you were injured, compensation is not automatic. Insurance companies often fight these claims aggressively, especially when jaywalking is involved. That’s why it’s crucial to consult with an experienced personal injury attorney. A lawyer can help you gather the right evidence, build a compelling case, and negotiate effectively to maximize your compensation.
Don’t go through this alone — working with a legal professional significantly increases your chances of a successful outcome.
We’re Here to Help
At our firm, we’ve helped many injured pedestrians pursue compensation — even in cases where they were partially at fault. We offer free consultations, so don’t hesitate to reach out and tell us your story. Let us help you understand your options and take the next step toward recovery.
