Personal Injury News

How the rear view mirror obstruction law protects you from accidents

Written by MARIO PALERMO | Jan 17, 2025 8:39:34 PM

Driving safely requires a clear view of the road, surroundings, and traffic conditions. While many drivers focus on the front windshield or side windows, the rearview mirror and rear windows are equally critical. Proper use of these components can prevent accidents by ensuring the driver’s vision isn’t impaired and offering a clear view of the highway, nearby motor vehicles, and other obstacles. However, obstructions—such as hanging items like fuzzy dice, graduation tassels, or stickers—are more common than most people realize, and they pose serious risks.

In Illinois, as in many states, traffic laws regulate the driver’s clear view through mirrors and windows. Similar to California Vehicle Code regulations, these mirror laws aim to eliminate any obstructed view that could interfere with safe driving. Obstructions, whether on the rear or elsewhere, can lead to infractions or even a misdemeanor, depending on the severity. In this blog post, we’ll explore the legal requirements, risks associated with obstructed views, and how these rules protect drivers and others on the road from accidents during a traffic stop or routine driving.

What Is the Rear View Mirror Obstruction Law in Illinois?

The Illinois Vehicle Code (625 ILCS 5/12-503) outlines the state law requirements for rearview mirrors and prohibits objects that obstruct a driver’s clear view of the highway. These regulations are designed to ensure a driver’s vision is unobstructed, enhancing safety for everyone on the road. The law includes the following key provisions:

  1. Rearview Mirror Requirements:
    • Every motor vehicle must be equipped with a rearview mirror that provides the driver with a clear view of at least 200 feet behind the vehicle. This ensures that the rear of such vehicle and the surroundings are always visible.
  2. Prohibition of Obstructions:
    • Drivers are prohibited from placing or hanging items—such as air fresheners, decorations, fuzzy dice, graduation tassels, or devices—that create an obstructed view of the rearview mirror, front windshield, or side windows. These hanging items can interfere with the driver’s clear view of the road and surroundings.
  3. Safety Enforcement:
    • Police officers are authorized to conduct a traffic stop if they observe obstructions to the driver’s line of sight. Such obstructions can be classified as a traffic violation or even an infraction under certain circumstances. In some cases, depending on the severity, it may escalate to a misdemeanor under the applicable subsection of the Illinois Vehicle Code.

Why It Matters

These mirror laws are in place to ensure that drivers maintain a clear view of the road, the driving view through the rearview and side mirrors, and their surroundings. Obstructions not only violate traffic laws but also increase the risk of accidents by limiting the driver’s ability to make informed decisions and react to potential hazards. Clear visibility is critical for ensuring road safety and complying with the state’s mirror and traffic laws.

The Risks of Rearview Mirror Obstructions

Obstructions to the rearview mirror can lead to reduced visibility, slower reaction times, and ultimately, accidents. Here are some of the most common risks:

  1. Blind Spots

Large objects hanging from the rearview mirror can create blind spots, preventing drivers from seeing vehicles or pedestrians behind or alongside them.

  1. Distracted Driving

Adjusting or focusing on objects hanging from the mirror can distract drivers, taking their attention away from the road.

  1. Reduced Reaction Time

Obstructions can delay a driver’s ability to spot and respond to fast-moving vehicles or obstacles, increasing the likelihood of rear-end collisions.

  1. Negligence in Court

In accidents where a driver’s visibility was compromised by rearview mirror obstructions, they may be deemed negligent and held liable for damages.

How the Rear View Mirror Obstruction Law Protects You

Prevents Accidents

By ensuring clear visibility through the rearview mirror, the law minimizes the risk of rear-end collisions, lane-changing accidents, and crashes involving pedestrians or cyclists.

Real-Life Example: Rear-End Collision in Chicago

In a Chicago case, a driver collided with a car ahead because a large air freshener hanging from their rearview mirror blocked their view of the vehicle braking suddenly. The court found the driver negligent, citing the obstruction as a contributing factor to the crash.

Key Takeaway: Clear visibility through the rearview mirror can prevent accidents and reduce legal liability.

Supports Safe Driving Practices

The law encourages drivers to avoid unnecessary distractions and focus on their surroundings, promoting safer driving habits.

Real-Life Example: Distracted Driving in Naperville

A Naperville driver hit a cyclist while adjusting a dangling ornament on their rearview mirror. The cyclist sustained severe injuries, and the driver was held liable for negligence. This incident highlights the importance of keeping mirrors free from distractions.

Key Takeaway: Adhering to the rear view mirror obstruction law fosters responsible driving behavior.

Helps Determine Liability in Accidents

In accidents involving rearview mirror obstructions, the law provides a framework for determining fault. Drivers who fail to comply with the law may be deemed negligent and held accountable for damages.

Real-Life Example: Pedestrian Accident in Evanston

An Evanston pedestrian was struck by a driver who claimed they didn’t see the crosswalk. Investigation revealed the driver’s rearview mirror was obstructed by multiple hanging objects, contributing to the accident. The court ruled in favor of the pedestrian, citing the driver’s violation of the rear view mirror obstruction law.

Key Takeaway: Violating the law can lead to legal liability and impact the outcome of personal injury claims.

How to Ensure Compliance With the Law

1. Keep Mirrors Clear

Avoid hanging objects from the rearview mirror, such as air fresheners, decorations, or parking permits. If you must hang something, ensure it does not obstruct your view.

2. Maintain Your Mirrors

Regularly clean and adjust your mirrors to ensure optimal visibility.

3. Secure Loose Items

Items in the vehicle, such as bags or devices, should be secured to prevent them from interfering with your line of sight.

4. Be Aware of Surroundings

Always check your mirrors for obstacles, vehicles, or pedestrians before reversing, changing lanes, or merging.

How the Rearview Mirror Obstruction Law Impacts Personal Injury Cases

The rearview mirror obstruction law plays a crucial role in personal injury cases by establishing clear standards for driver responsibility. Here’s how this law is applied in court:

1. Proving Negligence

In cases where a driver’s visibility was compromised by an obstruction, the law is often used to demonstrate negligence. Plaintiffs can argue that the driver failed to meet their legal obligation to maintain clear visibility, violating traffic laws and contributing to the accident.

2. Defending Victims

Victims of accidents caused by rearview mirror obstructions can leverage this law to strengthen their claims. By proving the obstruction directly impacted the driver’s ability to operate safely, victims may secure compensation for medical bills, lost wages, pain, and suffering.

3. Insurance Implications

Drivers found in violation of this law may face challenges with their insurance claims. Insurance companies may deem the driver’s actions as a contributing factor to the accident, potentially leading to reduced coverage or increased liability.

How to Find an Experienced and Highly Motivated Illinois Personal Injury Attorney

Choosing the right attorney to represent you in a personal injury case can significantly impact the outcome of your claim. An experienced and highly motivated attorney will not only ensure you receive fair compensation but also guide you through the complexities of Illinois law with skill and dedication. Here’s how to identify the best attorney for your case.

1. Look for Experience in Personal Injury Law

Personal injury law covers a wide range of cases, from car accidents to medical malpractice. It’s essential to find an attorney with extensive experience handling personal injury claims, particularly those similar to yours.

Why This Matters:

  • Attorneys with a proven track record in personal injury law understand Illinois-specific regulations, such as the comparative negligence rule and statute of limitations.
  • Specialized attorneys know how to handle insurance companies, negotiate settlements, and prepare for litigation if necessary.

Key Questions to Ask:

  • How many years have you been practicing personal injury law in Illinois?
  • Have you handled cases similar to mine, and what were the outcomes?
  • Do you have experience taking cases to trial?


2. Research the Attorney’s Reputation

An attorney’s reputation speaks volumes about their abilities, professionalism, and commitment to clients. Look for lawyers who are well-regarded by both their clients and peers.

Steps to Verify Reputation:

  1. Online Reviews: Check Google, Yelp, or Avvo for client testimonials.
  2. Professional Ratings: Look for ratings on platforms like Martindale-Hubbell, which evaluates attorneys based on peer reviews.
  3. Awards and Recognitions: Consider attorneys who have been recognized by reputable organizations, such as Super Lawyers or the National Trial Lawyers Association.

3. Evaluate Trial Experience

While many personal injury cases settle out of court, it’s important to hire an attorney with trial experience. Insurance companies are more likely to offer a fair settlement if they know your attorney is prepared to go to court.

Key Questions to Ask:

  • How often do you take personal injury cases to trial?
  • What is your success rate in court?
  • Can you provide examples of significant trial verdicts?

Example:

An experienced trial attorney in Cook County successfully represented a client in a rear-end collision case where the defendant refused to settle. The case went to trial, and the jury awarded the plaintiff $1.2 million, far exceeding the initial settlement offer.

4. Assess Motivation and Commitment

A highly motivated attorney will go above and beyond to ensure you achieve the best possible outcome. Look for someone who demonstrates a genuine interest in your case and a willingness to fight for your rights.

Signs of a Motivated Attorney:

  • They take the time to listen to your story and address your concerns.
  • They provide clear, actionable advice during the consultation.
  • They outline a strategic plan for handling your case.

Red Flags:

  • The attorney appears rushed or dismissive during the consultation.
  • They make unrealistic promises about the outcome of your case.
  • They delegate your case to less experienced associates without your consent.


5. Consider Local Knowledge and Resources

An attorney with local knowledge of Illinois courts and legal procedures can navigate your case more effectively. Additionally, a well-resourced law firm is better equipped to handle complex cases.

Why This Matters:

  • Local attorneys are familiar with the practices of Illinois courts, judges, and opposing counsel.
  • Firms with substantial resources can hire expert witnesses, conduct thorough investigations, and prepare professional trial presentations.

Example:

A Chicago-based attorney familiar with Cook County courts used local traffic camera footage to prove liability in a distracted driving case, resulting in a favorable settlement for their client.

6. Schedule a Free Consultation

Most personal injury attorneys offer free consultations, allowing you to evaluate their experience, approach, and compatibility without financial commitment.

Questions to Ask During the Consultation:

  1. How will you handle my case from start to finish?
  2. What are the potential challenges, and how will you address them?
  3. Who will be my primary point of contact throughout the case?
  4. How do you communicate updates, and how often can I expect them?

7. Understand the Fee Structure

Reputable personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you win. However, it’s important to clarify the specifics of their fee arrangement.

Key Points to Clarify:

  • What percentage of the settlement or award will the attorney take?
  • Are additional costs (e.g., court filing fees, expert witness fees) included in the contingency fee or billed separately?
  • Will you receive a detailed breakdown of fees and expenses before signing a contract?


8. Check for Ethical Standards and Professionalism

An attorney’s ethical standing and professionalism are crucial factors to consider. The Illinois State Bar Association maintains a database where you can verify an attorney’s license and check for any disciplinary actions.

What to Look For:

  • A clean disciplinary record with the Illinois State Bar Association.
  • Active participation in professional organizations.
  • Positive client and peer reviews regarding ethical behavior and integrity.


9. Prioritize Accessibility and Communication

Your attorney should be easy to reach and willing to keep you informed throughout your case. Open and consistent communication ensures you understand the progress and any critical developments.

Key Questions to Ask:

  • How quickly do you respond to calls or emails?
  • Will I have direct access to you, or will I primarily communicate with your staff?
  • How often will you provide updates about my case?

Red Flags:

  • Long delays in responding to inquiries.
  • Lack of clarity or transparency during discussions.
  • Reluctance to provide updates or involve you in decision-making.


10. Trust Your Instincts

Ultimately, trust your instincts when choosing an attorney. If you feel confident in their abilities and comfortable working with them, they are likely a good fit for your case.

Choosing the right personal injury attorney in Illinois requires careful consideration of their experience, reputation, resources, and communication style. A skilled and motivated attorney will not only protect your rights but also work tirelessly to maximize your compensation.

Contact Palermo Law Group Today

If you’re searching for an experienced and highly motivated personal injury attorney, look no further than Palermo Law Group. Schedule a free consultation today to discuss your case and learn how we can help.

Let us fight for your rights and the compensation you deserve.

For a free consultation with Palermo Law Group, contact our law firm by calling our phone number at (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.