Illinois Head-On Collision Fault at Intersections (2026)
Sun 22 Feb, 2026 / by Robert Parker / Car Accidents
Last Updated: October 25, 2026
625 ILCS 5/11-902 requires a driver turning left in an intersection to yield to a vehicle approaching from the opposite direction that is so close as to constitute an immediate hazard. After yielding, the driver may proceed when a safe interval occurs. The section does not say the turning driver is always at fault.
The Left Turn
Section 11-902 applies to a driver intending to turn left within an intersection or into an alley, private road, or driveway. That driver shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard. Having so yielded, the driver may proceed at such time as a safe interval occurs. The source is P.A. 76-1586. The section does not use the word presumption, and it does not decide the oncoming driver’s own share.
Each Person’s Share
735 ILCS 5/2-1116 diminishes damages when the plaintiff’s contributory fault is not more than 50 percent of the proximate cause, and it bars recovery when that share is more than 50 percent. The source is P.A. 103-1053, effective December 20, 2024. 625 ILCS 5/11-601(a) provides that a speed within the applicable maximum does not relieve the duty to decrease speed when a special hazard exists with respect to other traffic. The source is P.A. 104-787, effective August 7, 2026. Section 11-902 does not assign that speed question to the turning driver alone.
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Frequently Asked Questions
Is the left-turning driver always at fault?
No. Section 11-902 requires the turning driver to yield to an oncoming vehicle that is an immediate hazard, and then allows the turn when a safe interval occurs. Section 2-1116 measures each person’s own share. Neither section says the turning driver is always at fault.
Does section 11-902 create a presumption of fault?
The section states a yield duty and a safe-interval permission. It does not use the word presumption.
Does a speed within the posted limit decide the oncoming driver’s share?
No. Section 11-601(a) says a speed within the applicable maximum does not relieve the duty to decrease speed when a special hazard exists with respect to other traffic. Section 2-1116 still measures that driver’s share.
When does section 13-202 require the action to be filed?
735 ILCS 5/13-202 requires the actions it covers to be commenced within 2 years next after the cause of action accrued. That two-year sentence does not cover damages resulting from first-degree murder or a Class X felony when the perpetrator is convicted of that crime. The source is P.A. 99-90, effective January 1, 2016.
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