Visitor Question

Who’s responsible if accident occurred at blinking red traffic light?

Submitted By: Anonymous (Harrisburg, Illinois)

I was driving a double cab Dodge pickup north bound, and came to a 4-way signal that wasn’t working correctly. It was flashing red all four ways. I slowed down and didn’t see any vehicles so I proceeded through the light, but I did not come to a complete stop. I was hit in the bed of the truck on the passenger side , and spun around twice.

They issued me a ticket for failure to obey a traffic device. I am fighting it in court because I believe that the other driver failed to reduce speed to avoid an accident. What do you think? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

According to Illinois Revised Statute §11-305:

“The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed or held in accordance with the provisions of this Act…”

The prosecuting attorney will no doubt cite Section 11-305. Your admission of not coming to a complete stop, along with the issuance of a traffic citation in violation of Section 11-305 will work against you.

Unless there is additional evidence showing the other driver(s) were in violation of the law, or that they made admissions of fault, your best interests will be served by asking the prosecutor for a deferred sentence. A deferred sentence means you may have to attend a driving course, or be placed on probation for a relatively short time. Once you have complied with the prosecutors’ requirements, the citation may be dismissed and not appear on your record.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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