DRIVERS: BE ON ALERT
We've all done it. Walked into a crosswalk while looking at our cell phone or iPod. With much attention placed on distracted drivers lately, it’s no wonder that lawmakers have begun to set their gaze upon the distractions that pose dangers to pedestrians and bicyclists, namely cell phones, iPods, and other hand held devices. Specifically, New York, Oregon, Virginia and California have bills pending that ban the use of mobile phones, iPods or other electronic devices by pedestrians and bicyclists while crossing streets. Will Illinois be next?
In Illinois, anyone driving a motor vehicle anywhere has a duty to maintain a proper lookout for pedestrians, other vehicles or any other obstacle in the vehicle's path. Alexander v. Yellow Cab, 241 Ill. App. 3d 1049, 609 N.E.2d 921 (5th Dist. 1993).
An Illinois “pedestrian” is statutorily defined as “[a]ny person afoot, including a person with a physical, hearing, or visual disability.” 625 ILCS 5/1-158. Others, who may not seem to be “afoot,” are considered pedestrians for the purposes of litigation. For example, people using motorized wheelchairs are treated as pedestrians (625 ILCS 5/11-1004.1), as well as people wearing roller skates, using a pushcart, and riding skateboards.
With or without a law governing this issue in Illinois, it is a good idea to remain alert when crossing the street and/or riding a bicycle. It’s not the time to check your phone or become too absorbed in the music on your iPod.
