Many drivers make right turns at red lights. Unless marked otherwise, right-on-red is generally permitted in our region in order to improve traffic flow. The driver making a right turn at a red light does not have the right-of-way, meaning they have the duty to ensure that the roadway is clear. Unfortunately, accidents can happen when property safety precautions are not taken. Here, our Chicago motor vehicle accident lawyer provides a guide to right-on-red crashes in Illinois.
Know the Law for Right Turns on Red in Chicago
To start, it is useful to understand how the law works for right turns at red lights in Chicago. As explained by the City of Chicago, local law is consistent with Illinois state law on this matter. More specifically, Chicago states that “a right turn on red is allowed (at locations where signage does not prohibit or limit it) only after a vehicle comes to a complete stop.” In other words, a right turn at a red light is a legal maneuver in Chicago as long as three key criteria are met:
- No Sign Prohibiting It: You cannot make a right turn at every red light in Chicago. There are many intersections that have been deemed “unsafe” for this traffic maneuver. In places where that is the case, the City has installed signs that state that no right on red is allowed. If such a sign is present, you cannot lawfully make a right on red, even if no one is around.
- A Complete Stop is Made: You have to make a complete stop at a red light in order to lawfully make a right turn in Chicago. If you come to a so-called “rolling stop” and make a right on red, that is a traffic violation in Chicago. You could be pulled over for running a red light.
- The Road is Clear: Finally, a motorist who is making a red turn at a red light does not have the right-of-way under any circumstances. They must confirm that the road that they are entering at a 90 degree angle is clear. That means that there are no pedestrians, cyclists, and no oncoming traffic.
Illinois is a Fault-Based Motor Vehicle Accident State
In Illinois, motor vehicle accident liability is based on fault. The driver who was found to be responsible for causing a crash can be held legally liable for the resulting damage. In many right on red accidents, the driver who made that turn will be presumed to be at fault. The reason is that he or she does not have the right of way in this situation. However, liability is not automatically assigned. Fault is based on negligence. As a right on red is a lawful traffic maneuver in Chicago, it is certainly possible that the driver in question did nothing wrong. Another party, other motorist, pedestrian, or even road designer, may be legally responsible for the crash.
Note: Illinois uses a modified comparative negligence standard (735 ILCS 5/2-1116). You can still recover damages as long as you are not more than 50 percent at fault—but your financial compensation will be reduced in proportion to your degree of fault.
Every Right-on-Red Crash Requires a Thorough Investigation
Right-on-red accidents are fact-specific. The key to determining fault often lies in the details: Did the turning driver stop completely? Was a pedestrian in the crosswalk? Was the other vehicle legally in the intersection? Many of the intersections in Chicago are equipped with cameras and traffic sensors that can help clarify what happened. Beyond that , eyewitness statements, dashcam footage, and police reports also play a crucial role. Regardless, an investigation is key. Fault is not automatically assigned to the turning driver or to the vehicle with the green light. The specific circumstances always matter.
A Two-Year Statute of Limitations for Car Crash Injury Claims in Illinois
Car accident injury claims are time-sensitive. Following a crash, it is imperative that you take a proactive approach to protect yourself and your rights. In Illinois, there is a two-year statute of limitations for car accident cases, including those involving right-on-red crashes. Do not wait to take action: Consult with a Chicago, IL auto accident attorney right away after a bad collision.
Recovering the Maximum Compensation for a Right-on-Red Crash in Chicago
In Illinois, motor vehicle accident victims have the right to seek compensation for the full scope of their damages, including for intangible losses. With that being said, these claims are typically defended by large auto insurance companies that fight hard to pay out less in settlement negotiations. A top-tier Chicago car crash lawyer can help. Depending on the nature or severity of your collision, you may be entitled to recover compensation for:
- Automobile repairs;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other health costs;
- Loss of income;
- Loss of future earnings;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
How Our Chicago Right-on-Red Accident Lawyers Can Help
Were you involved in a right-on-red crash in Chicago? Whether you were the driver making a right turn, a pedestrian, a cyclist, or the occupant of another vehicle, it is imperative that you have strong, experienced legal representation. At Kennedy Watkins LLC, our Chicago attorneys fight for justice for people and families—not big insurance companies. We have six and seven figure verdicts and settlements in a wide range of car accident claims. If you were hurt in a right-on-red collision in Chicago, our firm provides free, no obligation, and confidential consultations.
Contact Our Chicago Automobile Accident Attorneys Today
At Kennedy Watkins LLC, our Chicago auto accident lawyers have the knowledge and experience to handle all types of crashes, including right-on-red accidents. If you have any questions or concerns about your legal rights, please do not hesitate to reach out to us by phone or get in touch with us directly online to arrange your free, no obligation case review. With an office in Chicago, we represent motor vehicle accident victims throughout Illinois.