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HomeBlogAuto AccidentsWho’s Responsible for an Accident Caused by a Traffic Obstruction?
21 June, 2023

Who’s Responsible for an Accident Caused by a Traffic Obstruction?

Roadways are designed for traffic that is constantly moving. When a driver suddenly stops, goes under the speed limit or blocks the road with an accident, traffic becomes obstructed, potentially leading to additional accidents. Other factors can also compromise traffic flow, including debris, construction zones and other obstructions. Regardless of the exact situation, anything that obstructs traffic can lead to serious accidents. 

If you were injured in a car accident that was caused by blocked traffic, you’re likely wondering who’s to blame for the incident. Any car accident case can be complex, which is why you should call the experienced attorneys of The Horwitz Law Group for advice. We can review your case at a consultation and provide guidance based on your individual traffic obstruction case. 

What Is a Traffic Obstruction?

A traffic obstruction occurs when another vehicle is driving too slowly or is stopped along the road where traffic is supposed to move freely. Whether you are stopped in your lane because your car suddenly broke down, or stuck in an intersection because you couldn’t get through a changing light in time, you can be ticketed for blocking the road. 

If you are involved in an accident and you are hurt or your car is too damaged to drive safely, you must move your vehicle away from the road so you don’t interfere with traffic. Obstructing a roadway in Illinois could result in five points being added to your license, which is considered a class A misdemeanor. You might also face fines or even prison time for traffic obstruction in Illinois:

  • First offense: a fine of up to $200 and 10 days in prison
  • Second offense: a fine of no more than $500 and 20 days in prison
  • Each subsequent offense can mean a fine and up to 30 days in prison

Illinois Fault Laws

Traffic obstruction is hazardous to everyone else on the roadway, which is why Illinois has laws that prohibit vehicles from stopping. When a driver blocks a road and an accident happens, that driver will likely be held responsible for damages. The at-fault driver may face reckless or careless driving charges in addition to being held liable. 

Illinois has a comparative fault rule, meaning the other driver may be able to recover damages if they were less than 50% at fault for the incident. Essentially, if the other party obstructed traffic and you were driving safely and according to the speed limit, then it is unlikely you will carry any fault and can potentially receive full compensation for any damages. However, if you were driving while distracted or speeding, the percentage of your responsibility might be different. That’s why you should contact an auto accident lawyer at the soonest opportunity to determine your options. 

Visit Our Chicago Car Accident Lawyers

Determining fault in a car accident can be challenging, especially when you are dealing with an injury. Contact a skilled attorney at The Horwitz Law Group right away to begin the injury claims process. We are committed to supporting our clients every step of the way, and we work hard to represent your best interests. Call now for a consultation. 

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