Can I Sue If I Got Hit While Walking Down a Highway Shoulder in Illinois?

 Posted on May 14, 2026 in Motor Vehicle Accidents

Anyone who is struck by a vehicle while walking down a highway shoulder is likely to receive severe, possibly lifelong, injuries. In these cases, medical treatment and rehab costs can mount very quickly, and it’s important to understand what damages may be available for the pedestrian to recover. 

Can you recover damages if you were on a shoulder when you were hit? The answer is often yes, but whether this is true of your case depends on the circumstances of the wreck. A Barrington, IL personal injury lawyer can help you understand your options and what your case might be worth in 2026.

Is It Legal To Walk on a Highway Shoulder in Illinois?

Walking on a highway shoulder isn't automatically illegal in Illinois. The rules depend on the type of road and the availability of sidewalks. Under 625 ILCS 5/11-1007, pedestrians are required to walk on sidewalks where they're available. When there's no sidewalk, pedestrians should walk on the left side of the road or shoulder, facing oncoming traffic, as far away as possible from the lanes. Pedestrians do not have the right of way on highway shoulders.

On controlled-access highways, pedestrian access is generally prohibited. These are interstates and expressways where access is restricted to specific entry and exit points.

Even if you weren't supposed to be walking along a road’s shoulder, you may not be entirely barred from recovering damages if you’re struck. Drivers still have a duty to exercise reasonable care anytime they’re driving. If a driver was distracted or impaired, there may be legal ramifications under different parts of the law. 

Who Can Be Held Liable When a Driver Hits a Pedestrian Walking along a Shoulder?

In most highway shoulder accidents, the driver who struck you bears the primary responsibility. Drivers are expected to stay in their lane and maintain control of their vehicle. Drifting onto the shoulder, whether due to distraction, fatigue, impairment, or reckless speed, is a failure to follow the law.

Depending on the circumstances, other parties may share liability as well:

• A trucking or transportation company could be responsible if the person who hit you was a commercial driver and working at the time of the accident. 

• If a delivery van hits you, the company employing the van may be responsible. 

• A government agency responsible for road design or maintenance could be liable if a dangerous condition on the road contributed to the crash.

• A vehicle manufacturer may bear responsibility if a mechanical failure caused the driver to lose control.

• Another driver may share liability if a separate collision pushed the at-fault vehicle onto the shoulder.

Identifying every potentially liable party matters. It can significantly affect how much compensation is available to you. An attorney who has experience investigating these cases will look beyond just the driver who hit you.

How Does Illinois Law Handle Fault in Pedestrian Car Wrecks?

Illinois follows a modified comparative fault standard. You can still recover damages even if you were partially at fault for the accident, as long as your share of the fault doesn't exceed 50 percent. Whatever percentage of fault you’re found to have reduces your compensation by that same percentage.

What Damages Can a Pedestrian Recover?

If you're successful in your claim, you may be entitled to compensation for:

• Emergency care, surgery, and ongoing medical treatment

• Lost wages during your recovery

• Reduced earning capacity if your injuries are permanent

• Pain, suffering, and emotional distress

• Costs related to long-term disability or rehabilitation

Insurance companies often try to assign a higher percentage of fault to pedestrians in highway accidents, especially if the pedestrian was walking in an area that might be considered off-limits. This is one reason why how your case is presented and who presents it can make a real difference.

Call a Barrington, IL Pedestrian Accident Lawyer Today

Highway pedestrian accidents involve serious injuries and complex liability. At Lucas Law, our Barrington pedestrian accident attorney has practiced law in Illinois for over 35 years and brings both skilled trial experience and effective negotiation to every case he handles. Call 847-381-8700 today for a free consultation about your case.