Legal Question in Traffic Law in Illinois

Obligation to swerve?

I was involved in an accident where another drive attempted to make a left turn across my lane of traffic (a total of 4 lanes of traffic, 2 each direction). The other driver admitted fault and received a citation. Now the other driver's insurance company is claiming that I am 20% responsible for the accident because I did not swerve into the other lane of traffic in an attempt to avoid the accident. My argument is that the accident happened so fast that my only focus was on stopping (the other drive began the turn just as I was entering the intersection). I did not have time to check to see if the other lane was clear and failure to do so could have caused a worse accident. Am I 20% responsible or should I find a lawyer?


Asked on 10/15/01, 8:32 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Obligation to swerve?

The easy answer is that you should consult with an attorney regarding comparative negligence. But first, you should consider whether your injuries or property damage are serious enough to justify the attorney's fees. Many attorneys will offer you a free consultation to determine whether or not it would make sense to retain the attorney to represent you. Good luck.

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Answered on 11/24/01, 4:50 pm


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