Chicago, IL asked in Personal Injury and Car Accidents for Illinois

Q: Lets say i'm a pedestrian in chicago IL, Apon taking a picture of the cities skyscrapers I begin crossing the side walk

I assume its my turn but I wasn't a 100% sure because I was mostly trying to take pictures but no cars were driving on toward me. Apon looking left I look right and I see a sedan flying by possibly speeding and almost hitting me, What would have happend if i got hit and who would have been liable the driver could have willingly honked, slowed down and or stopped

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: An Illinois attorney could advise best, but your question remains open for a week. Both of you would be liable to some extent - the vehicle for speeding (and other possible reasons, depending on whether it was in a crosswalk, traffic control device, etc.). You would be liable for being distracted by taking pictures (and possibly more, depending on whether your assumption was correct or incorrect). Good luck

Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: As Mr. Akpinar told you, you would BOTH be liable. Under Illinois' modified comparative negligence, if a party is found 51% at fault, the party CANNOT recover. On your facts, it's too close to call. Be more careful.

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