Legal Question in Traffic Law in Illinois

Car accident

I made a left turn from a street that has two lanes in each direction and no stopsign or light. Traffic was backed up so I waited for the cars in the two lanes traveling in the opposite direction to stop before turning.the right lane of the two lanes going in the opposite direction was wide enough for a car to pass another car in that same lane. The other driver passed three cars inorder to make a right turn onto the street which I was making my left turn on-to. When i made my left turn the car was not passing the other cars. she went only after i had started making my left turn already. Anyway because of traffic she couldn't see me making the left. however, before i finished my left I did look to my right to make sure no cars where coming from that shoulder. when i didn't see any body i continued. It was then that she jackrabbited out of the right lane and hit the rear of my car. The insurance company is claiming that i was at fault in this matter. It says in chiacago municipal code 9-36-020 that ''The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety'' I argued that it wasn't safe for her to pass since she couldn't see. do i have a case?


Asked on 8/09/06, 4:59 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Car accident

Seems to me that this case might be further along than you relate. Nevertheless, regardless of the existence of an ordinance, this doesn't give another the right to do something negligent. Besides, we do have comparative negligence in this state. I don't go downtown anymore for cases such as this, but if you are interested, I could refer you to someone that I know. Otherwise, you may consider contacting the Chicago Bar Association for a referral. Don't forget to contact your own insurance carrier. Good Luck!

Read more
Answered on 8/09/06, 5:08 pm


Related Questions & Answers

More Traffic Law questions and answers in Illinois