Failure to reduce speed is probably the most common ticket given after a traffic accident. It’s often confused with a speeding ticket, but the two are not the same.
Instead, this ticket is given because the officer believes that the accident could have been avoided if you had done more to slow or stop your vehicle.
Specifically, the law (625 ILCS 5/11-601(a)) states that you may not drive “at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.”
What conditions require you to slow your vehicle?
So when do you need to slow your vehicle? Illinois law states that a driver must decrease their speed when:
- Approaching and crossing an intersection;
- Approaching and going around a curve;
- Approaching a hill crest;
- Traveling upon a narrow or winding roadway;
- Special hazards exist with respect to pedestrians or other traffic;
- Other weather or highway conditions exist;
- It is necessary to avoid colliding with any person or vehicle on or entering the highway.
As you can see, the law states some specific situations, such as driving around a curve or up a hill. But it also lists some very generic conditions, such as when it is necessary to avoid colliding.
So, by the mere fact that you have collided with another vehicle, the officer at the scene will make assumptions and issue the ticket. It’s quite rare for there to be an accident and the officer issues no traffic tickets at all. Usually, that ticket goes to the driver who the officer thinks could have slowed down.
But getting a ticket for failing to reduce your speed to avoid an accident does not have to be detrimental. With this ticket in particular, there is a right way and a wrong way to handle it. Our traffic ticket attorneys at Driver Defense Team do it the right way.
A traffic ticket that is the result of a collision or accident is unique. This is because it may be used against you in a civil suit. In other words, if someone else involved in the accident were to sue you for personal injury or property damage, the outcome of this ticket may be used against you in that lawsuit.
This is why we never recommend just paying the ticket.
Instead, you want to go to court, where it’s a very common outcome to get your ticket dismissed outright. If that happens, you will not owe any fines or fees to the court and it will not go on your driving record. More importantly, the ticket cannot be used against you in a civil lawsuit.
Even if the ticket cannot be dismissed in court, a skilled traffic lawyer can often handle the ticket in a way that protects your driver’s license and does not involve admitting any liability or fault. Because you are not legally responsible, the ticket cannot be used again you in a civil lawsuit.
People typically have two years to file a civil lawsuit in Illinois. The last thing you want is for a ticket you paid off long ago to suddenly creep up on you, demanding your hard-earned money to cover someone else’s losses. That’s why you should err on the side of caution and take care of your ticket the right way — long before a lawsuit may even be filed.
The lawyers at Driver Defense Team handle hundreds of accident tickets every year — including failure to reduce speed to avoid an accident. We have a very specific set of procedures and protocols that we follow to eliminate or minimize the impact of this ticket on your license and future financial stability. Sometimes, this involves reaching an agreement in court. Other times, this means going to trial and demonstrating that you did not commit the violation. In any case, we do everything possible to try to accomplish the following:
- Protect your driving record so no convictions or points go on your license;
- Prevent your insurance rates from increasing;
- Prevent a suspension of your driver’s license (depending on your driving history);
- Reduce or eliminate fees and court costs;
- Eliminate the possibility of this ticket being used against you in a civil lawsuit.
Of course, it is not possible to do this in every case. But you should have a skilled traffic attorney on your side to make sure you achieve the best outcome possible. If you wish to discuss your particular situation, please contact us.
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