Is Going 5 MPH Over the Speed Limit Legal?

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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 motorist—even if they were only exceeding the speed limit by a small amount.

If you were injured by a driver who was exceeding the speed limit, even if they just went 5 miles over the speed limit, you have legal rights. This means that you might be able to get money from the driver or from their insurance company.

But it can be hard to do this on your own. That’s why it can be helpful to connect with a law firm and engage in an attorney client relationship that could greatly benefit your case. An experienced traffic lawyer can help you figure out what your legal rights are and how to get the money you deserve.

An Experienced Lawyer Can Help

If you were injured by a speeding driver, you may be entitled to compensation for your injuries. An experienced car accident lawyer can help you understand your legal rights and options.

If you hit a driver who was speeding, you may still be able to get compensation for your damages, even if the other driver was partially at fault.

So talking to an experienced Chicago car accident lawyer about your speeding violation case after an accident can be very helpful. They can assess the strengths and weaknesses of your case, give you an estimated value of your case, and answer any questions you may have.

In this Article


Illinois Has Laws Against Speeding

Is Going 5 MPH Over the Speed Limit Legal Infographic

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

Police Monitor Some Places More Closely Than Others

Some areas and traffic conditions are monitored more closely for speeding violations. Some of these areas include construction zones, work zones, school zones, certain areas during school days, or even rural areas. Driving beyond the posted limit could incur speeding tickets with higher fines and other more severe consequences.

Constructions Zones

For example, if a motorist exceeds the maximum speed limit in a construction zone, they could receive a minimum fine of $375—and that’s just for a first-time offense. A second or subsequent violation could lead to heftier fines and license suspension, per the Illinois Department of Transportation (IDOT).

School Zones

Likewise, violating speed limits in areas other than interstate highways such as in school zones is reckless driving and 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 speeding violations such as this 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 violations. 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. 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 posted speed limits 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 the speeding vehicle, 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

When you have been seriously injured in an accident, you generally have two years from the date of your collision to file a lawsuit. 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.

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. After a car accident, the first thing you should do is call the police. The police officer will come to the scene of the accident and make a report. This report can be used as evidence in your case.

The police report will likely say how fast each driver was going at the time of the accident. It may also say whether or not each driver was driving past the speed limit. If the other driver was speeding, that will be strong evidence that they were at fault for the accident.

If you have any questions about your legal rights after a car accident, we are here to help. Our Chicago car accident lawyers offer free consultations. Call us today to schedule yours.


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 and reckless driving.

To learn more about pursuing compensation with the help of our experienced personal injury law firm, call today for a free consultation.

What to Expect in Your Free Consultation

During your free consultation, we will:

  • Listen to the details of your accident
  • Explain what we think your legal options are
  • Answer any questions you have about your case or our firm
  • Give you an honest assessment of your case and whether we think you should move forward with a lawsuit.

No Fees Unless You Win

There is no obligation, and you will not owe us any fees unless we win your case. Call us today to get started on your free consultation.

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