Who is liable for accidents in school zones, and what legal considerations apply?
Motor Vehicles Accidents - March 28, 2025
Chicago has taken steps to reduce school zone accidents, putting more responsibility on drivers to obey strict speed limits and safe driving practices. Horwitz, Horwitz & Associates can help if you or your child has been hurt in a school zone accident. A Chicago car accident attorney from our team will work to hold the negligent party accountable and secure substantial compensation for your losses.
What are the rules for driving in school zones?
The Chicago Municipal Code establishes laws against negligent driving, following cars too closely, and other unsafe actions. Both Illinois State and the City of Chicago have additional laws governing driving practices in school zones.
As per the Illinois Compiled Statutes, the speed limit in school zones is 20 miles per hour (mph). As part of its Children’s Safety Zone Program, Chicago has implemented an automated speed enforcement system, using cameras to identify speeding motorists.
Drivers must follow the 20 mph limit on all school days and from 7:00 am to 4:00 pm when children are present. Drivers must obey the posted speed limit for these areas, typically 30 mph, at other times.
Why are these rules needed?
Data included in the Children’s Safety Zone Program indicates Chicago sees 3,000 crashes involving pedestrians each year, and 16% of these accidents involve children. A recent survey from AAA showed that 61% of Illinois drivers pass through a school zone in their typical driving routes. Regarding their driving behaviors in active school zones:
- 39% of respondents said they sped
- 30% of respondents said they used their hand-held devices
By implementing its safety system, Chicago hopes to deter unsafe driving behaviors and prevent accidents in school zones. According to the Children’s Safety Zone Program, a person hit by a car moving at 20 mph has a 95% chance of surviving, while a person hit by a car moving at 40 mph has a 20% chance.
Further, children do not recognize risks as easily as adults. Teaching kids pedestrian safety and providing back-to-school safety tips can help, but drivers must still take extra care to avoid an accident. Item 9-40-160 of Chicago’s Municipal Code says drivers must “exercise due care to avoid colliding with any pedestrian…and shall exercise proper precautions upon observing any child…upon a roadway.”
Who is liable for accidents in school zones?
Accidents in school zones can bring complicated liability issues. Reckless or negligent drivers are often to blame in these accidents, but the city or school district may also be liable, depending on the circumstances:
- The Illinois Compiled Statutes put the onus on “respective jurisdictions” to post and maintain appropriate signs identifying school zones and speed limits. Governments who fail in this duty may bear responsibility.
- School zones are often heavily trafficked by school buses. If unsafe loading or unloading practices contributed to the accident, the parties involved in those processes may hold fault. And if the roads or grounds surrounding the school played a role in the event, the school district may be to blame.
Even so, you need a Chicago car accident attorney from Horwitz, Horwitz & Associates to conduct a full investigation to ensure the at-fault party or parties are properly identified.
Contact us to secure justice for your family
For over 100 years, Horwitz, Horwitz & Associates has been fighting for injury victims in Chicago and throughout Illinois. We have recovered over $1 billion in settlements and trial awards. Now, we are ready to get to work for you.
Reach out online for your free consultation or call (800) 985-1819 today. You and your kids have the right to safety, especially in school zones. If someone else’s negligence caused you harm, we will fight to hold them financially responsible for their actions and get you justice.
