Chicago Rear-End Accident Lawyer
According to the Illinois Department of Transportation, more than 37,000 people were injured in rear-end collisions in 2020 alone. Rear-end collisions are frequently caused by negligent, inattentive driving, including cell phone use while driving, but they can also be caused by an auto defect, such as faulty brakes.
Our experienced Chicago rear-end collision attorneys at Ankin Law represent clients involved in a variety of auto accidents, including rear-end collisions, hit-and-run cases, and alcohol-related accidents. Our attorneys proficiently communicate and negotiate with the insurance companies, so you can receive the compensation you need. In the event that a favorable settlement cannot be reached, we have the trial experience necessary to aggressively litigate your car accident claim.
When you retain Ankin Law, you get:
- 24/7 Access to your legal team
- 100 years of combined legal experience
- A FREE case review
- NO legal fees unless we win you a settlement
The injuries sustained in a rear end accident can have a lifelong impact on victims. Call a car accident lawyer at Ankin Law to protect your financial future. (312) 600-0000.
Table of Contents
Who Is Liable in Rear-End Collisions in Illinois?
In Illinois, the driver who rear-ends another vehicle is typically presumed to be liable for the collision. This presumption arises because Illinois law mandates that drivers must maintain a safe following distance, allowing enough time to stop safely if the vehicle ahead slows down or stops. If a rear-end collision occurs, it often indicates that the trailing driver was either following too closely, distracted, or driving too fast for the conditions.
However, liability is not always straightforward. There are scenarios where the lead driver might share or assume liability, such as if he or she suddenly and unexpectedly brakes without a valid reason, or if his or her brake lights were not functioning properly. Additionally, comparative negligence rules in Illinois can affect the determination of fault. If both drivers are found to be partially at fault, the liability and compensation can be adjusted based on each party’s degree of responsibility.
Ultimately, liability in rear-end collisions is determined by examining the events that lead to the incident. Evidence such as traffic camera footage, witness statements, and police reports play crucial roles in establishing fault. The help of a rear-end accident lawyer is advisable to navigate such cases and to ensure fair determination of liability.
Common Causes of Rear-End Accidents
Rear-end accidents are among the most common types of car crashes, often resulting in property damage, injuries, and even fatalities. Understanding the common causes of these accidents is crucial for prevention, safety, and liability determinations. Frequent contributors to rear-end collisions include:
Distracted Driving
Distracted driving is a leading cause of rear-end accidents. When drivers divert their attention from the road to activities like texting, eating, adjusting the radio, or conversing with passengers, they are less likely to notice sudden changes in traffic flow. Even a brief distraction can result in a delayed reaction, causing a rear-end collision.
Tailgating
Following too closely, or tailgating, increases the risk of rear-end accidents. Drivers are required to maintain a safe following distance to ensure they have time to react if the vehicle ahead suddenly brakes. The recommended distance is at least three seconds behind the car in front, but more space is needed in adverse weather conditions or at higher speeds.
Speeding
Driving at excessive speeds reduces a driver’s ability to stop in time to avoid a collision. High-speed driving not only shortens the time available to react to the vehicle ahead, but also increases the stopping distance required. This is particularly hazardous in areas with heavy traffic, sharp turns, or frequent stops, where sudden braking may be necessary.
Weather Conditions
Adverse weather conditions, such as rain, snow, ice, or fog, can make roads slippery and reduce visibility, increasing the likelihood of rear-end collisions. Drivers may misjudge stopping distances or fail to see vehicles ahead in time to avoid a crash. Reduced traction makes it harder to stop quickly, contributing to the risk of accidents.
Sudden Stops
Abrupt braking by the lead vehicle can catch the following driver off guard, especially if the trailing driver is distracted or following too closely. Sudden stops can occur for various reasons, including unexpected obstacles, traffic light changes, or pedestrian crossings.
Impaired Driving
Driving under the influence of alcohol or drugs impairs a driver’s judgment, reaction time, and motor skills, all of which are critical for safe driving. Impaired drivers are less likely to notice changes in traffic conditions and may react too slowly to avoid rear-end collisions.
Mechanical Failures
Vehicle malfunctions, such as brake failure, can lead to rear-end accidents. Regular maintenance and timely repairs are essential to ensure that a vehicle’s braking system, tires, and other critical components are functioning correctly. Neglecting vehicle maintenance can result in mechanical issues that contribute to accidents.
Heavy Traffic
Congested roads with stop-and-go traffic patterns often see an increased number of rear-end accidents. The constant starting and stopping can lead to misjudgments and collisions, particularly if drivers are not paying close attention or are frustrated by the traffic conditions.
Inexperienced Drivers
Inexperienced or novice drivers may not yet have developed the necessary skills to judge safe following distances accurately or react promptly to sudden changes in traffic. Their lack of experience can make them more prone to rear-end collisions, especially in complex driving situations.
Were you rear-ended by an inattentive driver? Call Ankin Law at (312) 600-0000 to start your case today.
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A Rear-End Collision Can Cause Serious Injuries
Rear-end accidents can result in a range of injuries, some of which can be severe or even life-altering. Understanding these common injuries helps highlight the importance of safety measures and prompt medical attention.
Whiplash
Whiplash is the most common injury associated with rear-end accidents. It occurs when the neck suddenly snaps back and forth, similar to the motion of a whip. This rapid movement can damage the soft tissues in the neck, including muscles, ligaments, and tendons. Symptoms of whiplash include neck pain, stiffness, headaches, and sometimes dizziness. While many cases of whiplash resolve with proper treatment, severe cases can lead to chronic pain and long-term complications.
Back Injuries
Rear-end collisions can cause back injuries, ranging from minor muscle strains to more severe conditions like herniated discs or spinal fractures. The force of impact can exert tremendous pressure on the spine, leading to acute pain, reduced mobility, and sometimes nerve damage. Herniated discs, in particular, can cause pain that radiates to the extremities, numbness, or weakness, depending on the location of the injury.
Head and Brain Injuries
Even in collisions at low speeds, the sudden impact can cause the head to strike the steering wheel, dashboard, or headrest, leading to concussions or other traumatic brain injuries (TBI). Concussions can result in symptoms such as headaches, dizziness, confusion, memory loss, and nausea. More severe TBIs can lead to long-term cognitive, physical, and emotional impairments, requiring extensive rehabilitation.
Facial Injuries
The face is vulnerable in rear-end collisions, particularly if airbags deploy or if occupants are not wearing seat belts. Injuries can range from cuts and bruises to more severe damage like broken bones (e.g., nose, cheekbones, or jaw) and dental injuries. These injuries often require medical or dental intervention and can lead to pain and scarring.
Chest Injuries
The impact of a rear-end collision can cause the chest to hit the steering wheel or dashboard, resulting in bruising, broken ribs, or even internal injuries. Seat belts, while crucial for safety, can also cause bruising or fractures to the sternum and ribs due to the force of the sudden stop. In severe cases, internal organs such as the heart and lungs can be affected, leading to life-threatening conditions.
Arm and Wrist Injuries
Occupants often brace themselves for impact by gripping the steering wheel or dashboard, which can lead to injuries to the arms, wrists, and hands. Common injuries include fractures, sprains, and dislocations. These injuries can cause discomfort and may require immobilization or surgical intervention to heal properly.
Psychological Injuries
The trauma of being involved in a rear-end collision can also lead to psychological injuries. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, or phobias related to driving. These conditions can affect the overall quality of life and may require psychological counseling or therapy.
Damages Available in a Car Accident Claim
In a car accident claim, victims can seek compensation for various damages, typically categorized into economic, non-economic, and punitive damages. Understanding these categories helps clarify the scope of compensation.
Economic Damages
Economic damages cover the tangible, quantifiable financial losses incurred due to the accident. These include:
- Medical Expenses: This includes costs for emergency room visits, hospital stays, surgeries, medications, physical therapy, and future medical care related to the accident injuries.
- Lost Wages: If the victim cannot work due to his or her injuries, he or she can claim compensation for lost income. This also includes future earnings if the injuries result in long-term disability.
- Miscellaneous Out-of-Pocket Expenses: This can include transportation costs for medical appointments, costs for hiring help with household chores during recovery, and other related expenses.
Non-Economic Damages
Non-economic damages address the subjective, non-financial impacts of the accident. These include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injuries.
- Emotional Distress: This includes anxiety, depression, PTSD, and other mental health impacts resulting from the accident.
- Loss of Consortium: Compensation for the negative impact on the victim’s relationship with his or her spouse or family members, including loss of companionship or support.
- Loss of Enjoyment of Life: If the injuries affect the victim’s ability to enjoy daily activities or hobbies he or she once loved.
Punitive Damages
Punitive damages are awarded in cases where the at-fault party’s behavior was particularly reckless, egregious, or malicious. Unlike economic and non-economic damages, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. They are not commonly awarded and require clear and convincing evidence of the defendant’s severe misconduct.
Car accident claims can encompass a wide range of damages to address both the direct financial impact and the broader emotional and psychological effects of the accident. Understanding these categories helps victims seek comprehensive compensation to aid in their recovery. Working with a rear-end accident lawyer can ensure you recover the full value of your claim.
Frequently Asked Questions About Rear-End Accident Lawsuits
What Is the Statute of Limitations for Car Accident Claims?
In Illinois, the statute of limitations for car accident claims is generally two years from the date of the accident for personal injury claims. Although exceptions apply to some cases, failing to file a claim within these time frames typically results in the loss of the right to pursue legal action for damages.
Do I Need a Lawyer for a Rear-End Accident Claim?
Hiring a lawyer for a rear-end accident claim is crucial. An experienced attorney can help maximize your compensation, navigate legal procedures, and ensure your rights are protected, especially when dealing with insurance companies. This support increases your chances of a favorable outcome.
What Is My Car Accident Claim Worth?
The value of your car accident claim depends on the severity of your injuries, medical expenses, lost wages, property damage, and pain and suffering. Additionally, factors like liability, insurance coverage, and long-term impacts on your life influence the claim’s worth. Consulting with a personal injury lawyer can provide a more accurate assessment based on your circumstances.
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Called for a consultation about a bad faith auto insurer offering me 1/3 cost of repairs. despite not being able to represent me, Elliot (Director of Intake) gave me a MOUNTAIN of information with which to press my own insurance to cover the repairs.
If the entire firm is as effective and honest as Elliot, you should be in good hands.
