Receiving a Failure to Reduce Speed to Avoid an Accident Citation
A Failure to Reduce Speed ticket is generally issued after an accident has occurred. It is a common citation issued to the individual that the officer believes to be at-fault after the officer questions all involved drivers, potential eyewitnesses and assesses property damage. Illinois Statute 625 ILCS 5/11-601 is the Failure to Reduce Speed law in Illinois. The statute states that “No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.” A lot of individuals involved in car accidents have been issued a Failure to Reduce Speed ticket after the issuing officer has determined that the individual should have slowed down to avoid the accident. Some common examples of conduct that can lead one to being issued such a citation could be colliding with another vehicle in front of the driver, failing to yield or improper turns which have resulted in a car accident or any other act while driving that have caused an accident due to speed not being reduced by the driver. I have seen a lot of citations be issued during snow and icy conditions. Not decreasing speed as appropriate during snow and icy conditions can lead to accidents, and if an accident occurs then the driver may receive a Failure to Reduce Speed ticket. If conditions require a driver to slow down, then the driver must slow down to avoid accidents.
Not speeding over the speed limit does not relieve the driver from the duty of decreasing speed when necessary to avoid an accident. In other words, just because a driver was not speeding over the speed limit when an accident occurred does not mean that the driver had no additional duty to slow down in that situation. The Failure to Reduce Speed to Avoid an Accident statute states that drivers have a “duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.”
The Failure to Reduce Speed ticket is not a criminal misdemeanor offense. It is a petty traffic offense, which means the ticket is punishable by up to $1,000.00 in fine. However, the ticket is a moving violation and could lead to a driver’s license suspension and increasing insurance rates. I have also seen a separate personal injury lawsuit or a civil lawsuit be filed against the driver relating to the car accident. Pleading guilty or a finding of guilt to the Failure to Reduce Speed to Avoid an Accident offense could negatively affect the civil action that is filed against the driver. A finding or plea of guilty could be used against the driver in the seperate civil lawsuit. If the driver was issued the ticket but was not at fault, then setting the matter for trial may be necessary. The driver may have defenses to the ticket. Therefore, speaking with an attorney regarding a Failure to Reduce Speed ticket is very important. The Traffic Defense Firm assists those that have been issued with a Failure to Reduce Speed ticket. Contact us for a free consultation to discuss your ticket.