Trial Law | Bodily Injury, Negligence & Civil Suits
Call Us. 312-368-1266

All Purpose Auto – Personal Injury

Jury Instructions-IL > Motor Vehicle Accidents > All Purpose Auto – Personal Injury

ALL PURPOSE AUTO ACCIDENT (complete set) –  PERSONAL INJURY

Negligence, Admitted-Directed Negligence, Counter-Claims, Agency, Corporate Party, Exemplars of allegations and code violations and Non-IPI/Paid Bills

[ *Indicates Universal Use in Most Cases  **Denotes Contributory Negligence]

IPI 1.01 – Modified by the court to be read at end of case,  and updated by IPI Committee in 2009 to include old IPI 3.01 language)

            Now that the evidence has concluded, I will further instruct you as to the law and your duties.  The law regarding this case is contained in the instructions I will give to you.  You must consider the Court’s instructions as a whole, not picking out some instructions and disregarding others.

            It is your duty to resolve this case by determining the facts and following the law given in the instructions. Your verdict must not be based upon speculation, prejudice, or sympathy. [Each party, whether a ________________________ or (i.e., corporation, partnership, etc.)  an individual,  should receive your same fair consideration.]

I have not meant to indicate any opinion as to the facts of this case by any of my rulings, remarks, or instructions.

            You will decide what facts have been proven. Facts may be proven by evidence or reasonable inferences drawn from the evidence. Evidence consists of the testimony of witnesses and of exhibits admitted by the court. You should consider all the evidence without regard to which party produced it. You may use common sense gained from your experiences in life in evaluating what you see and hear during trial.

            You are the only judges of the credibility of the witnesses. You will decide the weight to be given to the testimony of each of them. In evaluating the credibility of a witness you may consider that witness’ ability and opportunity to observe, memory, manner, interest, bias, qualifications, experience, and any previous inconsistent statement or act by the witness concerning an issue important to the case.

            The use of cell phones, text messaging, Internet postings and Internet access devices in connection with your deliberations violates the rules of evidence and you are prohibited from using them

            You must make your decision based on what you recall of the evidence. You will not receive a written transcript of the testimony when you retire to the jury room.

            An opening statement is what an attorney expects the evidence will be. A closing argument is given at the conclusion of the case and is a summary of what an attorney contends the evidence has shown. If any statement or argument of an attorney is not supported by the law or the evidence you should disregard that statement.

IPI 1.02 Pre–Trial Judicial Determination in Favor of Plaintiff/Modified [ ]

            The Court has found the defendant was [negligent] [liable], so that is not an issue you will need to decide. [There are other issues you will need to decide in this case.]

IPI 1.03A Admitted Fault Only

            The defendant has admitted [he][she][it] was negligent. There are other issues you will need to decide in this case.

IPI 1.03B Admitted Fault and Causation

            The defendant has admitted [he][she][it] was negligent. The defendant  has also admitted that such negligence was a proximate cause of injuries to the plaintiff. There are other issues you will need to decide in this case.

IPI 2.01 – Evidence Deposition

            The testimony of a doctor was presented by the reading of the doctor’s testimony. You should give this testimony the same consideration you would give it had the witness personally appeared in court.

IPI 3.02 Witness Who Has Been Interviewed by Attorney

            An attorney may, if a witness agrees, interview a witness to learn what testimony will be given. Such an interview, by itself, does not reflect adversely on the truth of the testimony of the witness.

3.03 Insurance

            Whether a party is insured has no bearing whatever on any issue that you must decide. You must refrain from any inference, speculation, or discussion about insurance.

            If you find for the plaintiff, you shall not speculate about or consider any possible sources of benefits the plaintiff may have received or might receive.  After you have returned you verdict, the court will make whatever adjustments are necessary in this regard.       

IPI 3.04 Circumstantial Evidence

A fact or a group of facts, may, based on logic and common sense, lead you to a conclusion as to other facts. This is known as circumstantial evidence. A fact may be proved by circumstantial evidence. [For example, if you are in a building and a person enters who is wet and is holding an umbrella, you might conclude that it was raining outside.] Circumstantial evidence is entitled to the same consideration as any other type of evidence.

            A fact may be proved by circumstantial evidence. Circumstantial evidence consists of the proof of facts or circumstances which leads to a reasonable inference of the existence of other facts sought to be established.

IPI 3.06 Directed Finding

            The court has determined that _______ is [negligent] [liable]. This is not an issue you will need to decide.  [The remaining parties are not to be prejudiced by this finding.]

IPI 3.07 General Limiting Instruction

            Evidence that was received for a limited purpose or limited to one party should not be considered for any other purpose or as to any other party.

IPI 3.08 – Opinion Testimony

You have heard a witness give opinions about matters requiring knowledge and skill. You should judge this testimony in the same way you judge the testimony from any other witness. The fact that such person has given an opinion does not mean that you are required to accept it. Give the testimony whatever weight you think it deserves, considering the reasons given for the opinion, the witness’ qualifications, and all of the other evidence in the case

IPI 5.01 Failure to Produce Witness [or Evidence]

            If a party to this case has failed to produce a witness within its power to produce, you may infer that the testimony of the witness would be adverse to that party if you believe each of the following elements:

  1. The witness was under the control of the party and could have been produced by the exercise of reasonable diligence.
  2. The witness was not equally available to an adverse party.
  3. A reasonably prudent person under the same or similar circumstances would have produced the witness if he believed the testimony would be favorable to him.
  4. No reasonable excuse for the failure has been shown.
[SPECIFIC SAMPLE LANGUAGE: If the defendant in this case failed to offer evidence, specifically a video tape of the scene/offer testimony of Dr. Jones, that/who was within his power to produce, you may infer that the evidence/the testimony would be adverse to the defendant if you believe each of the following elements:]

*IPI 10.01 Negligence—Adult—Definition

            When I use the word “negligence” in these instructions, I mean the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do, under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide.

*IPI 10.02 Ordinary Care—Adult—Definition

            When I use the words “ordinary care,” I mean the care a reasonably careful person would use under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide.

**IPI B10.03 “HIS” Duty of Care Adult Plaintiff—Contributory Negligence  

It was the duty of the plaintiff, before and at the time of the occurrence, to use ordinary care for his own safety. A plaintiff is contributorily negligent if (1) he failed to use ordinary care for his own safety and (2) such failure to use such ordinary care is a proximate cause of the alleged injuries.

            The plaintiff’s contributory negligence, if any, which is 50% or less of the total proximate cause of the injury for which recovery is sought, does not bar recovery. However, the total amount of damages to which the plaintiff would otherwise be entitled is reduced in proportion to the amount of his negligence. This is known as comparative negligence.

            If the plaintiff’s contributory negligence is more than 50% of the total proximate cause of the injury or damage for which recovery is sought, the defendant shall be found not liable.

            [The term “plaintiff” includes a counterplaintiff.]

**IPI B10.03 “HER” Duty of Care Adult Plaintiff—Contributory Negligence

It was the duty of the plaintiff, before and at the time of the occurrence, to use ordinary care for her own safety. A plaintiff is contributorily negligent if (1) she failed to use ordinary care for her own safety and (2) such failure to use such ordinary care is a proximate cause of the alleged injuries.

            The plaintiff’s contributory negligence, if any, which is 50% or less of the total proximate cause of the injury for which recovery is sought, does not bar recovery. However, the total amount of damages to which the plaintiff would otherwise be entitled is reduced in proportion to the amount of her negligence. This is known as comparative negligence.

            If the plaintiff’s contributory negligence is more than 50% of the total proximate cause of the injury or damage for which recovery is sought, the defendant shall be found not liable.        [The term “plaintiff” includes a counterplaintiff.]

*IPI 10.04 Duty to Use Ordinary Care—Adult—Defendant

The Plaintiff in this case is:

The Defendant in this case is:

            It was the duty of the defendant, before and at the time of the occurrence, to use ordinary care for the safety of the plaintiff. That means it was the duty of the defendant to be free from negligence.

IPI 11.01 Contributory Negligence—Adult—Definition

When I use the expression “contributory negligence,” I mean negligence on the part of the plaintiff, that proximately contributed to cause the  injury

IPI  15.01 – Proximate Cause

When I use the expression “proximate cause,” I mean [that] [a] [any] cause which, in natural or probable course of events, produced the injury complained of. [It need not be the only cause, nor the last or nearest cause. It is sufficient if it combines with another cause resulting in the injury.]

IPI 20.01& 1.02 & 23.01A Combined  – ISSUES – ADMITTED Negligence/ Modified for Admitted Negligence/Admitted Fault Only

The Plaintiff in this case is:                

The Defendant in this case is:            

The plaintiff claims to have sustained injuries and damages, and that the defendant,  was negligent.

            The defendant has admitted he was negligent, so that is not an issue you will need to decide.

However, the plaintiff further claims that defendant’s negligence was a proximate cause of plaintiff’s injuries and damages.

You need only decide whether the defendant’s admitted negligence was a proximate cause of injuries to the plaintiff, and, if so, what amount of money will reasonably and fairly compensate the plaintiff for those injuries.

            The defendant denies that any claimed act or omission on the part of the defendant was a proximate cause of the plaintiff’s claimed injuries or damages.

            The defendant further denies that the plaintiff was injured or sustained damages to the extent claimed.

IPI 20.01 – ISSUES – Negligence

The plaintiff claims to have sustained injuries, and that the defendant was negligent in one or more of the following respects:

Failed to keep a proper lookout;

Failed to reduce speed to avoid an accident;

[Failed to stop or slow when danger was imminent; ]

Drove vehicle at a speed that was too fast for traffic conditions

Followed a motor vehicle too closely;

Failed to obey  traffic control devices;

Failed to yield the right-of-way while exiting a private driveway;

Failed to yield the right-of-way to oncoming traffic while making a left turn at an intersection;

Failed to maintain proper lane usage, or made a lane change

when is was unsafe to do so;

The plaintiff further claims that one or more of the foregoing was a proximate cause of plaintiff’s injuries.

The defendant denies doing any of the things claimed by the plaintiff, denies negligence in doing any of the things claimed by the plaintiff, and denies that any claimed act or omission on the part of the defendant was a proximate cause of the plaintiff’s claimed injuries.

**The defendant claims that the plaintiff was contributorily negligent in one or more of the following respects:

Failed to keep a proper lookout;

Failed to reduce speed to avoid an accident; or

[Failed to stop or slow when danger was imminent;]

Drove vehicle at a speed that was too fast for traffic conditions;

Followed a motor vehicle too closely;

Failed to obey  traffic control devices;

Failed to yield the right-of-way while exiting a private driveway;

Failed to yield the right-of-way to oncoming traffic while making a left turn at an intersection;

The defendant  further claims that one or more of the foregoing was a proximate cause of the plaintiff’s injuries.

The defendant further denies that the plaintiff was injured or sustained damages to the extent claimed.

The plaintiff denies doing any of the things claimed by defendant, denies

negligence in doing any of the things claimed by defendant, and denies that any claimed act or omission by the Plaintiff was a proximate cause of  the claimed injuries.

IPI 21.01 – BURDEN OF PROOF

When I say that a party has the burden of proof on any proposition, or use the expression “if you find,” or “if you decide,” I mean you must be persuaded, considering all the evidence in the case, that the proposition on which a party has the burden of proof is more probably true than not true.

*IPI 21.02 – BURDEN – NO COMPARATIVE

The plaintiff has the burden of proving each of the following propositions:

First, that the defendant acted or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, the defendant was negligent;

Second, that the plaintiff suffered injuries or damages;

Third, that the negligence of the defendant was a proximate cause of the plaintiff’s injuries or damages;

If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff.

On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant.

21.02 Burden of Proof on the Issues— Admitted Negligence—One Plaintiff and One Defendant—No Contributory Negligence

The plaintiff has the burden of proving each of the following propositions:

First, that the plaintiff was injured;

Second, that the negligence of the defendant was a proximate cause of the injury to the plaintiff.

If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff.

On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant.

 [See also IPI 100 series of Admitted or Directed Fault, above]

IPI B21.02 BURDEN – COMPARATIVE

The plaintiff has the burden of proving each of the following propositions:

First, that the defendant acted or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, the defendant was negligent;

Second, that the plaintiff suffered injuries;

Third, that the negligence of the defendant was a proximate cause of the plaintiff’s injuries.

If you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant.

On the other hand, if you find from your consideration of all the evidence that each of these propositions has been proved, then you must consider the defendant’s claim that the plaintiff was contributorily negligent.

As to that claim, the defendant has the burden of proving both of the following propositions:

First, that the plaintiff acted or failed to act in one of the ways claimed by the defendant as stated to you in these instructions and that in so acting, or failing to act, the Plaintiff was negligent;

Second, that Plaintiff’s negligence was a proximate cause of plaintiff’s own injuries.

If you find from your consideration of all the evidence that the plaintiff has proved all the propositions required of the plaintiff, and that the defendant has not proved both of the propositions required of the defendant, then your verdict should be for the Plaintiff and you will not reduce plaintiff’s damages.

If you find from your consideration of all the evidence that the plaintiff has proved all the propositions required of the plaintiff, and that the defendant has proved both of the propositions required of the defendant, and if you find that the plaintiff’s contributory negligence was 50% or less of the total proximate cause of the damage for which recovery is sought, then your verdict should be for the plaintiff,  and you will reduce the plaintiff’s damages in the manner stated to you in these instructions.

If you find from your consideration of all the evidence that the Defendant has proved both the propositions required of the Defendant and if you find that the plaintiff’s contributory negligence was more than 50% of the total proximate cause of  damage for which recovery is sought, then your verdict should be for the defendant.

23.01A Admitted Fault Only

            The defendant admits that he was negligent. [MODIFIED  Court has found that the defendant was negligent] You need only decide whether that negligence was a proximate cause of injuries to the plaintiff, and, if so, what amount of money will reasonably and fairly compensate the plaintiff for those injuries.

IPI 30.01 Measure of Damages

            If you decide for the plaintiff on the question of liability, you must then fix the amount of money which will reasonably and fairly compensate the plaintiff for any of the following elements of damages proved by the evidence to have resulted from the negligence of the defendant, taking into consideration the nature, extent and duration of the injury.

        The reasonable expense of necessary medical care, treatment

and services received.

        The pain and suffering experienced as a result of the injuries;

        The loss of a normal life experienced.

        The value of time, earnings, salaries or benefits lost.                                                

        Whether any of these elements of damages has been proved by the evidence is for you to determine.

30.04.02 Loss of a Normal Life—Definition

            When I use the expression “loss of a normal life”, I mean the temporary or permanent diminished ability to enjoy life. This includes a person’s inability to pursue the pleasurable aspects of life.

*IPI.36.01 In Absence of Liability—No Occasion to Consider Damages

             If you decide for the defendant on the question of liability, you will have no occasion to consider the question of damages.

*B45.01 – FORMS OF VERDICT – NO COMPARATIVE

            When you retire to the jury room you will first select a foreperson. He or she will preside during your deliberations.

            Your verdict must be unanimous.

            Forms of verdicts are supplied with these instructions. After you have reached your verdict, fill in and sign the appropriate form of verdict and return it to the court. Your verdict must be signed by each of you. You should not write or mark upon this or any of the other instructions given to you by the court.

            If you find for the Plaintiff and against the Defendant, then you should use Verdict Form A.

            If you find for the Defendant and against the Plaintiff, then you should use Verdict Form B.

IPI 50.01 Both Principal and Agent Sued—No Issue as to Agency

The defendants are sued as principal and agent. The defendant [PRINCIPAL’S NAME] is  the principal and the defendant [AGENT’S NAME]  is his/her agent. If you find that the defendant [AGENT’S NAME] is liable, then you must find that the defendant [PRINCIPAL’S NAME] is also liable. However, if you find that [AGENT’S NAME] is not liable, then you must find that [PRINCIPAL’S NAME]  is not liable.

50.03 Both Principal and Agent Sued—Agency Denied—Principal Sued Under Respondeat Superior Only

Defendant [PRINCIPAL’S NAME    d/b/a    ] is sued as the principal and the defendant [AGENT’S NAME] as his agent.  It is denied that any agency existed.

If you find that the defendant [AGENT’S NAME] was the agent of the defendant [PRINCIPAL’S NAME    d/b/a] at the time of the occurrence, and if you find that [AGENT’S NAME] is liable, then both are liable.

If you find that [AGENT’S NAME] is not liable, then neither defendant is liable.

If you find that the defendant [AGENT’S NAME   ] is liable but was not acting as an agent of the defendant [PRINCIPAL’S NAME    d/b/a] at the time of the occurrence, then the defendant [PRINCIPAL’S NAME    d/b/a ] is not liable.

50.05 Agent—Definition

            An agent is a person who, by agreement with another called the principal, represents the principal in dealings with third persons or transacts business, manages some affair or does some service for the principal, with or without compensation. The agreement may be oral or written, exp*ress or implied.

            [If you find that one person has the right to control the actions of another at a given time, you may find that the relation of principal and agent exists, even though the right to control may not have been exercised.]

IPI 50.07 Inference of Agency—Agency and Scope of Employment Inferred From Ownership of Automobile

            If you decide that the automobile being driven by [DRIVER’S NAME] was owned by the defendant, you may infer from such evidence that [DRIVER’S NAME] was acting as the agent of the owner and within the scope of his/her authority, unless you find that inference is overcome by other believable evidence. You may consider that inference [and any other evidence in the case] in deciding whether [DRIVER’S NAME] was acting as agent and within the scope of his/her authority as the defendant’s agent.

IPI 50.08 Inference of Agency—Ownership of Automobile and Employment or Agency Admitted, But Scope of Authority Denied

            At the time of the occurrence, the automobile being driven by [DRIVER’S NAME]  was owned by the defendant, and [DRIVER’S NAME] was the employee of the defendant. You may infer from this fact that [DRIVER’S NAME]  was acting within the scope of his/her authority, unless you decide that the inference is overcome by other believable evidence. You may consider this inference [and any other evidence in the case] in deciding whether [DRIVER’S NAME] was acting in the scope of his/her authority as the defendant’s agent.

50.10 Agent or Independent Contractor

            The question has been raised whether at the time of the occurrence [AGENT’S NAME]

was the agent of the defendant [       d/b/a] or was an independent contractor. An agent is a person who by agreement with another, called the principal, represents the principal in dealings with third persons or transacts some other business, manages some affair, or does some service for the principal, with or without compensation. The agreement may be oral or written, express or implied. [The term “agent” is broader than either “servant” or “employee.”  A servant or employee is an agent, but one may be an agent although he is neither servant nor employee.]

            [If you find that one person has the right to control the actions of another at a given time, you may find that the relation of principal and agent exists, even though the right to control may not have been exercised.]

            An independent contractor is one who undertakes a specific job where the person who engages him does not have the right [to discharge him] [or] [to direct and control the method and manner of doing the work].

            In determining whether at the time of the occurrence [AGENT’S NAME] was the agent of the defendant  [PRINCIPAL’S NAME    d/b/a] or was an independent contractor, you may also consider the method of payment; the right to discharge; the skill required in the work to be done; who provides tools, materials or equipment;  whether the worker’s occupation is related to that of the employer; whether the employer deducted for withholding tax; and [_________________] other relevant factor(s).                                                          

The principal is liable to third persons for the negligence of his agent in the transaction of the business of the principal, if the agent himself is liable. But one who engages an independent contractor is not liable to others for the negligence of the contractor.

50.11 A Corporation Acts Through Its Employees

            The [(plaintiff) (defendant) is a corporation] [the parties are corporations] and can act  only through [its] [their] officers and employees. Any act or omission of an officer or employee  within the scope of his employment is the action or omission of the [plaintiff] [defendant]  corporation.

*IPI 60.01 & 70.03 Violation of Statute, Ordinance, or Administrative Regulation and Pedestrians—Crossing At Other Than Crosswalks [see exemplars below]

IPI 70.01 Duty of Driver Using Highway

It is the duty of every driver of a vehicle using a public highway to exercise ordinary care at all times to avoid placing himself, herself, or others in danger and to exercise ordinary care at all times to avoid a collision. 

IPI B45.01 – FORMS OF VERDICT – COMPARATIVE

            When you retire to the jury room you will first select a foreperson. He or she will preside during your deliberations.

            Your verdict must be unanimous.

            Forms of verdicts are supplied with these instructions. After you have reached your verdict, fill in and sign the appropriate form of verdict and return it to the court. Your verdict must be signed by each of you. You should not write or mark upon this or any of the other instructions given to you by the court.

The Plaintiff in this case is:    

The Defendant in this case is:

            If you find for Plaintiff and against the Defendant and if you further find that Plaintiff was not contributorily negligent, then you should use Verdict Form A.

            If you find for Plaintiff and against the Defendant, and if you further find that Plaintiff’s injuries were proximately caused by a combination of Defendant’s negligence and the Plaintiff’s contributory negligence, and that Plaintiff’s contributory negligence was 50% or less of the total proximate cause of damages for which recovery is sought, then you should use Verdict Form B.

            If you find for Defendant and against the Plaintiff, or if you find that Plaintiff’s  contributory negligence was more than 50% of the total proximate cause of damages for which recovery is sought, then you should use Verdict Form C.

IPI B45.01.A – VERDICT FORM A

VERDICT FORM A

We, the jury, find for the Plaintiff and against the Defendant. We assess the damages in the sum of  $_____________, itemized as follows:

Reasonable expense of necessary medical care                      $_________________

Pain and suffering experienced                                              $_________________

Loss of a normal life experienced.                                          $_________________

Value of lost salary, earnings, salaries or benefits                  $_________________

[Signature Lines ]

—————————————————–   —————————————————-

(Foreperson)

—————————————————–      —————————————————–

—————————————————–   —————————————————-

—————————————————–      —————————————————–

—————————————————–   —————————————————-

—————————————————–      —————————————————–

B45.01.B Verdict Form B- COMPARATIVE

VERDICT FORM B

We, the jury, find for the Plaintiff and against the Defendant. We assess the damages in the sum of  $_____________, itemized as follows:

Reasonable expense of necessary medical care                      $_________________

Pain and suffering experienced                                              $_________________

Loss of a normal life experienced.                                          $_________________

Value of lost salary, earnings, salaries or benefits                  $_________________

We further find the following:

            First: Without taking into consideration the question

of reduction of damages due to the negligence of the Plaintiff,

we find that the total amount of damages suffered by Plaintiff

as a proximate result of the occurrence in question is                         $_________________

            Second: Assuming that 100% represents the total

combined negligence of all persons whose negligence

proximately contributed to the plaintiff’s damages,

including the Plaintiff and the Defendant, we find that the

percentage of such negligence attributable solely to Plaintiff is         ________ percent(%)

            Third: After reducing the total damages sustained by

Plaintiff by the percentage of negligence attributable solely to

Plaintiff, we assess Plaintiff’s recoverable damages in the sum of  $________________.

                                                                                                            ==============

[Signature Lines ]

—————————————————–   —————————————————-

(Foreperson)

—————————————————–      —————————————————–

—————————————————–   —————————————————-

—————————————————–      —————————————————–

—————————————————–   —————————————————-

—————————————————–      —————————————————–

*IPI4501.C

VERDICT FORM C

We, the jury, find for the Defendant  and against the Plaintiff.

[Signature Lines ]

—————————————————–   —————————————————-

(Foreperson)

—————————————————–      —————————————————–

—————————————————–   —————————————————-

—————————————————–      —————————————————–

—————————————————–   —————————————————-

—————————————————–      —————————————————–

*IPI 60.01 Violation of Statute, Ordinance, or Administrative Regulation

There was in force in the State of Illinois at the time of the occurrence in question a certain statute which provided that:

[exemplars…]

Speed must be decreased as may be necessary to avoid colliding with any

person or vehicle on the highway;

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 or endangering the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection

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 or endangering the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the 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 of highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on the highway.625 ILCS 5/11-601

The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway. See also 625 ILCS 5/11-700 et seq

No person may… turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.


Where signs or markings are in place to define a no-passing zone… no driver may at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. 625 ILCS 5/11-707 (b)  No-passing zones

No person may stop or suddenly decrease the speed of a vehicle without first

giving an appropriate signal in the manner provided in this Chapter to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.

A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district. No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is an opportunity to give such a signal.

The driver of a motor vehicle shall not follow another vehicle more closely than  is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon the highway.625 ILCS 5/11-710

The driver of a vehicle intending to turn to the left within an intersection shall yield the right of way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazards, but said driver, having so yielded may proceed at such time as safe interval occurs.

The driver of a vehicle intending to turn to the left within an intersection shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn. 9-16-020(d)  5/11-901/2

Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. 9-8-020/ 625 ILCS 5/11-306

Vehicular traffic facing a circular green signal may proceed straight through or turn right or left. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles lawfully within the intersection at the time such signal is exhibited. 625 ILCS 5/11-305/306

Vehicular traffic facing a steady circular red signal alone shall stop before entering the intersection, and shall remain standing until an indication to proceed is shown. 625 ILCS 5/11-305/306

Vehicular traffic facing a steady circular yellow signal is warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter. 625 ILCS 5/11-305/306

A driver of a vehicle about to enter or cross a highway from an alley, building private road or driveway shall yield the right of way to all vehicles approaching on the highway to be entered. 625 ILCS 5/11-1205 5/11-906

No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. [9-40-190]

.           Speed must be decreased as may be necessary to avoid colliding with any

person or vehicle on the highway;

Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic, a vehicle shall be driven as nearly as practicable entirely within the single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety

Except when directed to proceed by a police officer of traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  After having stopped, the driver shall yield the right of way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during in the time when the driver is moving across or within the intersection, but said driver having so yielded may proceed at such time as a safe interval occurs. 5/11-1204

A pedestrian shall not cross at any place except in a marked crosswalk between adjacent intersection at which traffic control signals are in operation. [SEE 70.03 BELOW]

            The driver of a vehicle intending to turn at an intersection shall do so as follows:

Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.

The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.

Where signs or markings are in place to define a no-passing zone… no driver may at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. 625 ILCS 5/11-707 (b)  No-passing zones

Where signs or markings are in place to define a no-passing zone [as set forth in paragraph (a)] no driver may at any time drive on the left side of a roadway within the no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.

No vehicle shall be driven to the left side of the center of a roadway in overtaking or passing another vehicle proceeding in the same direction unless authorized [by the provisions of this Chapter] and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely make without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

No vehicle shall be driven to the left of center of a roadway when approaching within 100 feet of or traversing any intersection or railroad grade crossing.

If you decide that a party violated the statute on the occasion in question, then you may consider that fact together with all the other facts and circumstances in evidence in determining whether and to what extent, if any, a party was negligent before and at the time of the occurrence.

70.03 Pedestrians—Crossing At Other Than Crosswalks

            There was in force in the State of Illinois at the time of the occurrence in question a certain statute which provided that:

[Quote or paraphrase applicable part of statute or ordinance as construed by the courts (see, e.g., 625 ILCS 5/11–1001 to 11–1010 (1994)). For example:

Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

[          [Others:

[No Pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.]

[Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.]

Notwithstanding the foregoing provisions of this section every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.]

            The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway.

If you decide that a party violated the statute on the occasion in question, then you may consider that fact together with all the other facts and circumstances in evidence in determining whether and to what extent, if any, a party was negligent before and at the time of the occurrence.

 

Non-IPII Instruction – Paid Bills: 

If you decide that a bill was paid by a party, you may infer from such evidence

[and any other evidence in the case]

that it was a reasonable expense for necessary services received, unless you find that the inference is overcome by believable evidence. .

[See Ross v. Cortes, 95 Ill. App. 3rd 772 (1st Dist – 1981) and Smith v. Champaign-Urbana, 116 Ill. App. 2d 289 (4th Dist – 1969) Both cases adopt principal that: “It has been the long-followed rule in Illinois that a paid automobile repair bill is admissible in evidence without other foundation as prima facie evidence of the necessity and reasonableness of such repairs. Byalos v. Matheson, 328 Ill 269, 159 NE 242 (1927); Finch v. Carlton, 249 Ill App 15 (1928); Singer v. Cross, 257 Ill App 41 (1930); Schmidt v. Sinclair, 342 Ill App 484, 97 NE2d 129 (1st Dist 1951).” The same principal is applied to medical and hospital bills per Ross which states that in Flynn v. Cusentino (1978), 59 Ill. App. 3d 262, 375 N.E.2d 433, appeal denied (1978), 71 Ill. 2d 608… [t]his court held the same reasoning applies  to hospital bills, and even to doctor bills on the theory that payment of this type of bill is prima facie evidence the bill was reasonable and the crucial matter is the testimony the bill has been paid. The court added any contrary rule would cause unnecessary inconvenience to doctors, hospital personnel and the public. The same principle is set out in Millburn Mutual Insurance Co. v. Glaze (1980), 86 Ill. App. 3d 1055, 1061, 410 N.E.2d 295, and cases there cited.]