The Law Office of
Pedestrians walking in the crosswalk have the right of way. Most people know that. Pedestrians not in the crosswalk have a duty to yield the right of way. But that is not the end of the story. Drivers are nor free to disregard the safety of pedestrians in this or any other situation. Drivers always have a duty to exercise due care to avoid a collision with a pedestrian.
A hit and run driver who leaves the scene of an injury accident risks significant penalties. If a hit and run driver cannot be identified, then the hit and run driver is considered an uninsured motorist under the law. A pedestrian hit by a car that leaves the scene of an accident would be eligible to make an uninsured motorist claim against his own automobile insurance, even though he wasn't in his own car when he was injured.
625 ILCS 5/11-1003.1