Can I Sue if I Wasn't Using a Sidewalk When a Car Hit Me?

 Posted on October 27, 2026 in Personal Injury

Pedestrian accidents often happen in places without sidewalks. Many rural roads or older subdivisions in Illinois don't have sidewalks at all. In other areas, a sidewalk may be there but blocked by snow, construction, or parked cars.

Walking in the road doesn't automatically stop you from suing a driver who hit you. Illinois drivers have a duty to watch out for pedestrians wherever they are. Where you were walking may have an effect on how much you can recover, though.

A Lake County, IL pedestrian accident lawyer can help you understand your options after a 2026 accident.

Where Does Illinois Law Allow Pedestrians to Walk?

Illinois has specific rules for pedestrians walking along a road (625 ILCS 5/11-1007). Which rule applies depends on the situation:

• If there's a usable sidewalk, you should walk on it instead of the road.
• If there's no sidewalk, you may walk on the shoulder, but as far from the road's edge as you reasonably can.
• If there's no sidewalk or shoulder, you should walk as close to the outside edge of the road as you can. On a two-way road, you should walk on the left side, facing traffic.

The same law indicates that a pedestrian in the roadway generally needs to yield to vehicles, but this doesn't give drivers immunity if they hit someone. A separate law (625 ILCS 5/11-1003.1) requires every driver to use due care to avoid hitting a pedestrian. It also requires extra caution around children and anyone who appears confused or impaired.

Can You Sue if There Was No Sidewalk Where You Were Hit in Illinois?

If you were walking where the law indicated, you may have a strong case against the driver for failing to exercise the necessary care to avoid hitting you. This can be compounded by evidence from the driver themselves, such as phone history that shows that they were texting at the time of the accident.

Can You Still Recover Damages if You Share Fault for an Accident in Illinois?

It is possible for you to successfully bring a claim even if both you and the driver are deemed to have fault for the accident. You may still recover damages, though the amount will typically be impacted.

Illinois uses a modified comparative fault rule that says that you can still recover damages as long as you were 50 percent at fault or less. Your award is reduced by your share of the fault (735 ILCS 5/2-1116). Over the 50 percent threshold, you will not be permitted to recover damages.

For example, a jury might find a distracted driver 80 percent at fault and a pedestrian 20 percent at fault. If the pedestrian was awarded damages of $100,000, they could actually recover $80,000.

Other details can also affect how fault is divided. These include the lighting, whether you wore dark clothing at night, and whether the driver had a clear view of you.

How Long Do You Have to File a Pedestrian Accident Claim in Illinois?

Most personal injury lawsuits in Illinois must be filed within two years of the injury. Claims against a city, county, or other government body may have different notice rules and shorter deadlines. This can come up if a missing sidewalk or poor road design played a role in the accident.

If you are not sure what filing process is appropriate for your case, speak with a personal injury lawyer to make sure you don't miss any important deadlines. They can also help you gather and organize evidence and determine if the driver's insurer is offering you fair compensation.

Call a DuPage County, IL Pedestrian Accident Lawyer Today

Walking where there was no sidewalk, or where the sidewalk wasn't usable, doesn't mean you can't bring a claim. The facts of where you walked and how the driver acted will shape what you can recover.

Our Lake County, IL personal injury attorneys will work with you to understand who may be liable for your accident. We will also advocate for your fair compensation for all your damages, including medical bills, lost wages, and pain and suffering.

Call SpyratosDavis LLC at 630-810-8881 to discuss your accident.