Rear-ended collisions are the most common type of car accident. They account for about a third of all auto accidents in the United States every year. Many drivers want to handle an accident claim on their own or let the car insurance company handle it. Remember that insurance adjusters work to save the insurance company money. They want to pay as little as possible for a rear-ended collision settlement.
How long does it take to get a car accident settlement in Illinois?
While car accident settlements can take longer if you must go to court, if you accept a lowball settlement, you may not be able to cover the expenses associated with the accident. Don’t let an insurance company take advantage of you. Enlist the help of an experienced attorney.
Damage from rear-ended collisions could result in negligible property damage and slight injuries. But they can also result in catastrophic damage and long-term injuries or death. A common type of injury is head trauma and spinal cord injuries. If you suffer head trauma, you need a Chicago brain injury attorney or Chicago spine injury attorney on your side. It’s difficult to predict what a rear-ended collision settlement will be because there are so many variables.
Who is at Fault in a Rear-Ended Collision in Illinois?
Usually, the rear driver is at fault in rear-ended collisions for following too closely or distracted driving. But this is not always the case. The fault is not automatic. Sometimes, the lead driver or another vehicle could be at fault for a rear-ended collision.
What causes most rear-end accidents in Chicago?
- Texting while driving
- Reversing into the rear car
- Drunk driving
- Intentionally trying to get hit
- Driving with broken brake lights
- Speeding
- Brake checking
- Tailgating
- Failure to use a basic standard of care
Texting While Driving Rear-End Accidents in Illinois
Texting and driving is one of the leading causes of rear-end accidents in Chicago. Illinois texting and driving laws prohibit drivers from using handheld devices while behind the wheel, as distracted driving significantly increases the risk of collisions. If you were rear-ended by a distracted driver, you may be entitled to compensation for your injuries and damages. A Chicago distracted driving lawyer can help you navigate the legal process and fight for the compensation you deserve.
Drunk Driving Rear-Ended Accidents in Illinois
Drunk driving rear-end accidents can cause severe injuries and extensive damage, leaving victims with lasting physical and emotional consequences. Illinois Dram Shop laws allow victims of drunk driving accidents to hold not only the driver but also the establishment that served them alcohol accountable for the damages. Chicago drunk driving accident lawyers can help you pursue compensation from both the at-fault driver and the establishment under Illinois dram shop law, ensuring you receive the justice and financial support you deserve.
Brake Checking Rear-Ended Collisions in Illinois
Brake checking is a dangerous and reckless driving behavior that often leads to rear-end collisions. When a driver intentionally slams on their brakes to cause the vehicle behind them to stop suddenly, it puts everyone on the road at risk. Many people wonder, “Is brake checking illegal in Illinois?” The answer is yes—brake checking is considered a form of reckless driving, which is illegal under Illinois law. If you’ve been involved in a rear-end collision due to brake checking, you may be entitled to pursue compensation for your injuries and damages.
Figuring out who is at fault in a car accident is important because it determines who is liable to pay for the other drivers’ damages. Damages mean the amount of money paid to the other side during a settlement. Who was negligent and what percentage of an accident was due to the driver’s negligence determines liability. Negligence in a car accident means a driver failed to drive with care or violated a traffic rule.
A basic standard of care is required of all drivers. If you fail to use a basic standard of care, you are negligent. A basic standard of care includes:
- Keeping a lookout for other vehicles, obstacles, and pedestrians
- Properly controlling the speed and movement of the vehicle
If you’re a pedestrian who’s been injured in a car accident in Illinois, contact our Chicago pedestrian accident lawyers for a free consultation.
Can I File a Lawsuit for a Rear End Collision in Illinois?
If you have experienced injuries, you can file a personal injury lawsuit. Those involved in accidents can sometimes suffer serious injuries, such as those from airbags. If this is the case, seek help from a Chicago airbag injury attorney as soon as possible. Drivers and passengers injured in a rear ended collision can seek damages after the accident for the following:
- Medical bills
- Lost wages
- Car repair bills
- Pain and suffering
- Loss of consortium for a spouse or partner
- Survivor damages for wrongful death
As you can see, the front or rear driver can be at fault for a rear-end collision. It all depends on who acted negligently or carelessly.
In Illinois, the drivers who cause accidents are responsible for paying for them because the state uses a fault-based system. In a fault-based system, it is important that all serious car accidents, like a rear-end collision, are thoroughly investigated. The fault is not always clear.
Illinois is a comparative negligence state. This means you can sue another party even if you were somewhat responsible for the accident as long as you were at fault for 50% or less of the crash.
Who is at Fault in a Rear End Collision Involving 3 Cars?
Fault in a rear-ended collision with three cars could fall on all three drivers. Whichever driver caused the accident is liable for most of the fault. If other drivers contributed to the car crash in some way, each driver may be liable for some portion of the fault. It’s difficult to determine who was negligent in a multiple-vehicle accident when three or more cars resulted in a rear-ended collision.
The same general principle from two car rear ended collisions applies to “chain reaction” car crashes with three or more cars. The rear driver must keep a reasonable distance behind the cars ahead and be ready for changing speeds and traffic conditions. The process of determining fault in a chain-reaction car crash with three or more cars depends on the findings of the police investigation, physical evidence, witness statements, and the relevant statutes.
What Do I Do if an Uninsured Driver Rear-Ended Me in Illinois?
If you carry underinsured and uninsured motorist coverage, you are in luck. Depending on what type of policy you purchased, your insurance company will usually cover damages from a rear-ended collision. If you don’t have underinsured and uninsured motorist coverage, you could sue the at-fault driver for your expenses.
No matter what, it’s important to follow these steps after a car accident:
- Call the police. Regardless of whether or not the other person has insurance, it’s always a good idea to call 911. Police officers make reports that are essential to determining the fault for a rear ended collision. This report will make the claims process go smoothly.
- Don’t accept money right away. If the other driver doesn’t have insurance, they could face hefty fines and fees. They might try to offer you money to avoid legal repercussions. Initially, you won’t know what your damages and injury costs will total. Even if the offer seems like a good deal, wait to speak to an attorney before accepting any offer.
- Exchange information. Even if they don’t have insurance information to give you, get their contact and vehicle details. Get contact information from any witnesses as well. Write down any piece of information that you think could help you later on.
- Take pictures. You’ll want photos of any damage done to your car and the other vehicle. Also get pictures of traffic signs, the surroundings, the other driver’s license plate and the direction each car was driving.
How Much Money is a Rear- End Collision Settlement in Illinois?
Again, it is difficult to give an estimate of a rear ended collision settlement. Each accident is different. These factors determine how much a settlement you could win:
- Severity of your injuries
- Severity of the accident
- If you were wearing your seatbelt
- Whether your injuries affected your ability to work
- If your injuries affected your loved ones and your daily life
- Whether your injuries have long term effects
- If you need future medical treatment and care
- Who was at fault for the accident
Initially, an insurance company may try to deny your claim or keep delaying the resolution so the injured driver will give up and accept whatever settlement they offer. This is where it helps to speak to an experienced personal injury attorney. Never accept the insurance company’s first offer as it is likely to be much lower than what you deserve. An experienced rear ended collision accident attorney should know the insurance companies’ tricks and how to fight back. The team of personal injury lawyers at Curcio & Casciato work hard to get you the compensation you deserve after a rear ended collision.
Do I Need a Lawyer if a Rear End Collision Was Not My Fault in Illinois?
It is difficult to deal with insurance companies after any type of car accident. Insurance companies always try to offer you less money for a settlement than you deserve. This is why it’s important to speak with an attorney with experience in personal injury cases. Regardless of whether a rear ended collision was your fault or not, it’s wise to at the very least get a free consultation with an attorney. Our car accident attorneys in Chicago have decades of experience and success in auto accident cases.