DuPage County Lawyer for Failure to Reduce Speed to Avoid an Accident

Ticket Defense Attorney for Failing to Avoid a Collision in Westmont, Hinsdale, and Oak Brook

When a vehicle is involved in a collision in Illinois, one of the first questions will be, "Who was at fault?"

Rarely does a police office see a collision occur. A responding officer must instead observe the scene after the fact, listen to driver and witness statements, make an on-the-spot assessment of the actions that led to the collision, and determine who, if anyone, violated any traffic laws. One or more tickets may then be issued for moving violations such as disobeying a traffic control device, making an improper turn, improper lane usage, or failing to reduce speed to avoid an accident.

If only one person is ticketed in conjunction with the accident, that person will often be presumed to be the one at fault. Being judged at fault for a collision can have serious repercussions, including liability for damages and higher insurance rates.

At Kathryn L. Harry & Associates, P.C., we understand how upsetting it is to be in an accident, especially if you also got a ticket for failure to reduce speed to avoid an accident and are concerned about at-fault liability. If you decide to fight this ticket, our attorneys will go the extra mile to gather evidence and build the strongest possible case in your defense.

When to Fight a Failing to Reduce Speed Accident Ticket

Failure to reduce speed to avoid an accident is a general-purpose ticket that the police issue to a driver they believe was responsible, at least in part, for a collision. This ticket does not mean you were exceeding the speed limit, but it does mean that the officer believed that you could have prevented the collision if you had been driving more carefully.

If the accident was a minor fender bender, and your record is otherwise clean, you may just want to pay the fine. Failure to reduce speed to avoid an accident is a petty offense punishable only by a small fine (less than $200). This ticket is eligible for court supervision, which will keep a conviction off your driving record as long as you pay the fine, complete the required traffic safety school, and do not get another ticket during the supervision period (90 to 120 days, depending on the county). Be aware, though, that the court supervision will stay on your record, even if a conviction is avoided.

If, however, your view of the accident differs from the decision made by the police on-scene, you may want to challenge the ticket and the presumption that you were at fault. You may also want to fight the ticket if it would be your third traffic violation conviction within 12 months, which can result in the suspension of your driver's license (per Illinois statute 625 ILCS 5/6-206).

Being convicted of this offense creates the impression that you were responsible for causing the accident, which could hurt you in a future civil lawsuit for damages and also impact your insurance rates. Particularly if the accident resulted in significant damages and/or injuries, you will want to consult an attorney and see if you can build a strong enough case to fight the ticket.

Defending Against a Failure to Avoid Accident Ticket

Failure to reduce speed to avoid an accident is addressed under Illinois statute 625 ILCS 5/11-601(a) which states: "Speed must be decreased as may be necessary to avoid colliding with any person or vehicle ...in compliance with ... the duty of all persons to use due care."

The State will argue that you obviously did not use due care since you ran into the other party. Your defense must show that you did use due care and that the collision happened for other reasons. Perhaps there was a mechanical issue with one of the vehicles, or unusual road conditions, or actions by other parties that were really at fault. You will need an experienced attorney to ensure that the right questions are asked in court and that your case is as strong as it can be in terms of witnesses and other evidence.

Contact a Wheaton Traffic Violations Defense Lawyer

If you have been ticketed for Failure to Reduce Speed to Avoid an Accident, you want to fight the charge. An experienced DuPage County ticket defense lawyer will review your version of the accident as well as the reports and determine if you have a valid defense. The attorneys of Kathryn L. Harry & Associates, P.C. have decades of experience in defending clients charged with traffic violations and protecting their driving privileges. For a free initial consultation, call 630-472-9700. Serving DuPage County, including Oak Brook, Lombard, Elmhurst, Hinsdale, Downers Grove, Addison, Wheaton, and Westmont.