Say your car is stopped in a right turn lane and the Trooper hits you from behind? How do you determine fault if no citations were issued?
Car / Auto Accident Lawyer
You have two possible claims. First is a claim for property damage. You should report this to your insurance company. Second, if you were hurt, you should go to a doctor and then consult with an attorney. You may have a claim against the state for your injuries.
When you are hit from the rear, the party that hit you is normally responsible, whether a citation was issued or not.
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Tough case to prove simply because Illinois State Troopers are about the best witnesses you could ever invent.
However, if it in fact occurred as you say, and the Trooper admits it was his or her fault, and if they were not in the pursuit of a suspect or something (which would generally render them immune from suit), you probably have a claim.
Whether this claim is worth pursuing depends on the value.
I suggest you contact a lawyer who is familiar with the Court of Claims, as this is the likely venue required.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer is provided for informational and advertising purpose and is intended not to be construed as legal advice. Further, please note that this practitioner is licensed in the State of Illinois and only answers questions involving incidents and the law of that jurisdiction.