WHAT IS FAILURE TO REDUCE SPEED TO AVOID AN ACCIDENT?

You were driving home from work down a busy two-lane road.  As you approached an intersection, a car pulled out in front of you and you collided.  Although the other person was at fault and you were driving the speed limit, you still got a ticket.

Why did that happen?

Under Illinois law, apart from minding the speed limit, you must still drive at a speed that is “reasonable and proper with regard to traffic conditions,” and doesn’t endanger another’s safety.  Even if you are within the speed limit, you must still decrease your speed at an intersection, going around a curve, going over hills and traveling on narrow or winding roads.  You must also be alert to special hazards regarding pedestrians, bicyclists or other traffic due to weather or road conditions.

But what does “reasonable and proper” actually mean?   Your speed must be decreased as necessary to avoid a collision in compliance with the law and due care.  See 625 ILCS 5/11-601.

Still confused?  What is “necessary,” and what is “due care?”  This depends on the facts of your case and how your judge may view them.  An attorney, who is familiar with your courthouse, can help you present those facts to your particular judge in their most favorable light.

For example, in one Illinois case, a driver named Case turned in front of the defendant Hanneman’s tractor-trailor, when Hanneman was about 50 feet from an intersection. Case died as a result.  Her estate argued that Hanneman was familiar with the road, but that the road dipped to the intersection’s north and south, which obscured traffic. The court disagreed, instead finding that 1,100 feet near the intersection was level. The roadway was dry, and the weather was overcast but clear, with the temperature above freezing. There were no unusual environmental or traffic hazards.  Thus, Hanneman had used due care. See In re Estate of Case v. Hanneman.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)