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Is Going 5 MPH Over the Speed Limit Legal?

exceeding posted speed limits is going 5 mph over the speed limit legal

Going any amount over the speed limit is illegal – even if it’s only 5 miles per hour (MPH). 

You have legal rights if you were injured by a speeding motoristeven if they were only exceeding the speed limit by a small amount. Alternatively, if you hit a motorist while you were speeding, that does not mean that you primarily caused the accident. In either situation, connecting with our law firm could benefit you. 

Illinois has Laws Against Speeding 

625 ILCS 5/11-211 outlines some of Illinois’ speeding laws. The statute notes that it’s unlawful for a motorist to speed in any public place, including on local streets and highways. Similar statutes go on to say that if you are going more than 26 miles over the speed limit, you could be found guilty of a misdemeanor. But what happens if you’re only going five miles over the speed limit? 

It’s up to the attending officer’s discretion as to whether to issue a citation. If they do, you could contest this ticket in court. At that point, whether the citation will remain on your record is up to a judge. 

Police Monitor Some Places More Closely Than Others 

If a motorist speeds in a construction zone, they could be fined a minimum of $375and that’s just for a first-time offense. Future infractions could lead to heftier fines and license suspension, per the Illinois Department of Transportation (IDOT). 

Likewise, speeding in a school zone is also considered a serious offense. 625 ILCS 5/11-605 notes that drivers cannot exceed 20 mph in a school zone between the hours of 7 a.m. to 4 p.m. Being found guilty of this offense could also result in heavy consequences. 

Do Some Situations Allow for Speeding? 

There is no specific Illinois statute that allows for speeding in special circumstances. However, per the Illinois State Bar Association (ISBA), this could be taken into consideration if you’re charged with a crime. Instead of rendering a “guilty” verdict, the judge might instead order that you undergo “supervision.” 

Here, the court system keeps an eye on your record for any other traffic infractions. It’s like probation, except that it could result in your case’s ultimate dismissal, and you do not have to regularly meet with a probation officer. 

How does Illinois View Negligence?  

Illinois operates on a contributory negligence statute, per 735 ILCS 5/2-1116. Basically, if you primarily caused an accident, you could be responsible for any subsequent damages. Speeding does not automatically make you liable for an accident, though. Consider the following scenario. 

You were going five miles over the speed limit when you collided with another vehicle. Maybe this party was texting at the time, so they did not stop at a red light. In this instance, even though you were speeding, they could be found primarily negligent. In this instance, you may not be financially liable for their expenses. 

This will not stop the other party from arguing that you caused the collision, though. In that situation, again, working with our firm can alleviate your stress. 

How Could a Car Accident Lawyer Help You? 

If you were involved in a collision, our firm can help you seek damages. We will examine the facts of your case and outline a plan of action. You could recover the following losses: 

  • Medical bills, including anticipated care costs 
  • Pain and suffering 
  • Disability, disfigurement, and scarring 
  • Lost income, bonuses, tips, benefits, and commissions 
  • Property damage expenses 
  • Physical therapy and mental health counseling 

Based on the facts of your situation, you could be eligible for other types of losses. Your lawyer will analyze your medical bills, employment records, and property damage invoices to calculate your damages. 

We Can File Your Case within the Statute of Limitations 

You generally have two years from the date of your collision to file a lawsuit, per 735 ILCS 5/13-202. Abiding by this deadline is crucial. If you don’t file within the two-year deadline, you could lose the right to seek damages. You could file your case, and the courts would dismiss it with prejudice–meaning that you can never file it ever again. 

By connecting with our team in a timely manner, we can get to work for you and your loved one. We can even determine if you have more time to act based on your situation. 

We Can Prove the Other Driver’s Negligence 

We will investigate your case to determine what caused your accident. We can use the following information to formulate your case’s strategy: 

  • The police report 
  • Your medical records
  • Traffic camera footage 
  • Photos of the accident scene, your vehicle, and your injuries 
  • Statements from eyewitnesses, including those in the car with you 
  • Testimony from field consultants, like accident reconstruction specialists 
  • Black box data (if available) 

Our goal is to prove that you were hurt due to negligence. 

Call the Attorneys at The Kryder Law Group, LLC Today

It doesn’t matter whether you were hit by a driver who was going 5 mph over the speed limit or 50 mph over the speed limit; speeding is negligence. To learn more about pursuing compensation with the help of our award-winning law firm, call today.


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