Illinois law requires drivers to move over or slow down when approaching stopped emergency vehicles, tow trucks, and other authorized vehicles with flashing lights. Violating this rule creates significant legal liability when accidents occur. A Chicago auto accidents attorney can help accident victims pursue compensation when drivers fail to follow this important safety law. Understanding how move-over violations affect crash claims helps injured parties protect their rights after highway accidents.
What the Illinois Move-Over Law Requires
Illinois law, codified at 625 ILCS 5/11-907, requires drivers on highways with multiple lanes to change to a lane not adjacent to stopped emergency vehicles. When lane changes are impossible due to traffic or safety concerns, drivers must reduce speed and proceed with caution.The law applies to police vehicles, fire trucks, ambulances, tow trucks, highway maintenance vehicles, and any other vehicles displaying flashing warning lights. Since 2017, the protection extends to all stationary vehicles displaying hazard lights on the roadside.
Penalties for violating the move-over law include fines starting at $250 for first offenses and increasing significantly for repeat violations or accidents. If a violation causes injury to someone, the offense becomes a Class 4 felony.
How Move-Over Violations Affect Personal Injury Claims
Traffic law violations may serve as evidence of negligence in personal injury cases. When a driver strikes a stopped vehicle or emergency worker after failing to move over or slow down, the violation demonstrates the driver failed to exercise reasonable care.
Illinois courts consider traffic citations when determining fault. While a citation alone does not prove civil liability, it creates prima facie evidence of negligence or other fault. The defendant can present evidence to try to prove they were reasonable even though they violated the law. Insurance adjusters also weigh traffic violations heavily when evaluating claims.
Comparative negligence applies in Illinois. Even if the injured party bears some responsibility, they can recover damages reduced by their percentage of fault. A driver who violated the move-over law typically bears significant fault allocation, increasing the injured party’s recovery.
Types of Move-Over Accidents on Chicago Highways
Rear-end collisions occur when drivers fail to notice stopped vehicles until too late. High-speed highway traffic leaves little margin for error. Victims of these crashes often suffer serious injuries including whiplash, spinal injuries, and traumatic brain injuries.
Sideswipe accidents happen when drivers attempt last-second lane changes upon noticing stopped vehicles. These sudden maneuvers can force other vehicles off the road or cause chain-reaction crashes involving multiple vehicles.
Pedestrian accidents affect emergency responders, tow truck operators, and stranded motorists standing outside their vehicles. These accidents frequently result in severe injuries or fatalities due to the lack of protection against vehicle impacts.
Proving Your Move-Over Crash Claim
Police reports document the circumstances of highway accidents including traffic law violations. Obtain a copy of the accident report as soon as possible. The responding officer’s observations about vehicle positions, lighting conditions, and driver statements provide valuable evidence.
Witness statements from other motorists, emergency responders, or tow truck operators help establish what happened. Dashcam footage from any involved vehicle or nearby witnesses can prove exactly how the accident occurred. Medical documentation connects your injuries to the accident.
Seek medical attention promptly even if injuries seem minor initially. Some serious conditions, including brain injuries and internal damage, may not show immediate symptoms.
Get Help From Your Chicago Lawyer
Attorney John P. Kolb has recovered over $35 million for injured clients during his 25-plus year career. He understands how to build strong cases against negligent drivers who violate traffic laws and cause serious accidents. Contact Kolb Law for a free consultation to discuss your case. You pay no fees unless we recover compensation for you.