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

Published on Jun 25, 2020 at 6:28 pm in Car Accidents.

Traffic cone in road

Roadways are intended to be used for vehicles in constant motion. When one driver stops, goes below the speed limit, or has an accident that blocks the roadway, this obstructs traffic and can create more accidents. That’s not the only way that traffic can be obstructed, though. Sometimes construction can cause traffic obstructions, or debris can fly onto the roadway and block traffic. No matter what’s blocking the roadway, anything in the road when it’s supposed to be clear can cause a serious accident.

When you’ve been in a car accident caused by a traffic obstruction, you might be wondering who was at fault. Car accident cases alone can be complex. Hiring a Marion, IL car accident lawyer from Prince Law Firm will help you through the claims process and ensure that your wreck is fully investigated so you can get justice for an accident you didn’t cause.

What Is a Traffic Obstruction?          

As mentioned above, a traffic obstruction is when a vehicle is moving too slowly, stopped, or parked on a road where cars and trucks are meant to drive freely. You could be stopped in your lane because your car broke down, or stopped in the middle of an intersection because you didn’t make a turning light on time. Either way, you could be ticketed for obstructing traffic. Not to mention, you could cause an accident because drivers don’t expect you to be stopped.

If you are in an accident and your car is no longer safe to drive or no longer works, you are required to move your car off the road or highway so that you are not in the way of other vehicles. In Illinois, you receive five points on your license for obstructing streetcar traffic, which is a class A misdemeanor. You could also receive fines or jail time for obstructing traffic in Illinois. Here are the punishments:

  • Up to a $200 fine, up to 10 days in jail, or both for the first offense.
  • Up to a $500 fine, up to 20 days in jail, or both for the second offense.
  • A fine, up to 30 days in jail, or both for each subsequent offense.

Illinois Fault Laws

Obstructing traffic is dangerous, which is why there are laws in place prohibiting drivers from stopping on the road. When a driver is obstructing traffic and causes an accident, then that driver is most likely responsible for the damages caused. That driver could be charged with reckless or careless driving on top of being held liable for the accident.

In Illinois, we follow a comparative fault rule, which means that you can recover damages as long as you were less than 50 percent at fault for the accident. So, if the other driver was obstructing traffic, and you were driving correctly—paying attention and following the speed limit—then you would most likely carry none of the fault and be able to recover full compensation for your injuries and damages. However, if you were speeding or driving while distracted, that percentage of responsibility may differ. That’s where a car accident lawyer can help.

Contact Prince Law Firm in Marion, IL

Car accident responsibility can be complex. After a car accident that has left you injured, unable to work, or in debt from unexpected bills, you deserve to get justice. A Marion, IL car accident lawyer from Prince Law Firm will fully investigate the circumstances surrounding your auto wreck to prove that you were not at fault for the accident.

We know how difficult it is to fight a legal battle on your own. That’s why we make sure that you don’t have to. Reach out to our office today so that we can get started on your potential claim. We’ll handle the legal side of things for you so that you can start focusing on healing and getting back to your everyday routine.



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