When involved in a rear-end accident, you may get compensation for damages if another party is liable. You can also claim reimbursement from your insurer if you cannot find the identity of the at-fault driver. Continue reading to discover what you need to know about Illinois rear-end collisions and the process of determining liability.
Causes of Rear-End Collisions We See in Our Illinois Practice
Illinois rear-end car collisions can happen for many reasons and be the fault of one or multiple parties. These include:
- Hard acceleration: This is where one driver increases their speed rapidly within a short time.
- Hard braking: This refers to when the driver in front slows down too quickly, leaving the one behind them with little time to adjust their speed.
- Tailgating: This is following the car in front of you without leaving enough space. The Illinois Secretary of State notes that drivers must maintain a safe distance between themselves and the other driver, but some motorists tailgate (sometimes causing a rear-end collision after a sudden stop).
Other common causes of rear-end collisions in Illinois are:
- Failing to signal a turn
- Reversing without a warning
- Slowing down or stopping without a warning
- Reckless driving
The Driver Could Have Failed To Properly Respond to Environmental Factors
Rear-end accidents can also happen due to various external conditions, affecting a driver’s ability to control the car. For example, heavy rain and fog can reduce visibility and make it challenging to estimate the distance between you and the vehicle in front. However, a driver could have made reckless and dangerous decisions despite the weather.
A Municipality Could Have Failed in Their Duty to Protect the Public
Potholes can also cause sudden turns and collisions. The road should not have potholes, though. They should also be safely designed and constructed. However, municipalities responsible for caring for the road do not always perform their duties promptly or effectively. This could make them responsible for resulting accidents.
Regardless of other factors contributing to rear-end collisions, drivers are responsible for being safe on the road.
Compensable Injuries Caused By Illinois Rear-End Collisions
Rear-end collisions can lead to a broad range of injuries depending on your position during the crash. One injury many accident victims sustain in such crashes is whiplash, which occurs when the neck suddenly moves back and forth.
While you can sometimes detect whiplash independently after a car accident, some signs may take time to show. Mayo Clinic reports that common symptoms of this injury are:
- Neck pain or stiffness which gets worse during movement
- Upper back pain
- Shoulder, neck, and upper back tenderness
- Inability to fully move your neck
- Tingling or numbness in the arms
Another injury you can suffer in an Illinois rear-end accident is a concussion. This happens when you suddenly hit your head against an object like the steering wheel, dashboard, or backside of the front seats.
The severity of concussions often differs depending on the impact of the collision. The Centers for Disease Control and Prevention (CDC) states that this injury will lead to severe headaches and high light sensitivity in most cases. A concussion can also lead to nausea, vomiting, slurred speech, fatigue, and memory loss.
Other common injuries sustained in rear-end collisions are broken legs or ribs, bruised lungs, and soft tissue tears.
Determining Fault in an Illinois Rear-End Accident
When an Illinois rear-end accident occurs, it is likely that the driver behind was the one at fault. Before claiming compensation, though, you must investigate the crash and prove liability.
Evidence Can Reveal the At-Fault Party’s Identity
This process requires analyzing how the incident occurred based on various pieces of evidence. For instance, you can use traffic surveillance footage to understand each driver’s actions before the crash. You may also rely on dashboard camera videos and those captured by buildings adjacent to the spot. Other evidence you can use when determining liability for an Illinois rear-end collision are:
- Police reports
- Witness statements
- Reports by an accident reconstructionist
- Skid marks
Driving under the influence of drugs can impair judgment and lead to a rear-end accident. When claiming compensation for damages, you can prove that another driver was negligent using the results of a breathalyzer test (if this data is available). In some cases, your lawyer can also rely on medical reports to determine if driving under the influence (DUI) contributed to a collision.
You could claim compensation after gathering enough evidence to prove liability for an Illinois rear-end accident. This process involves sending a demand letter outlining all the damages suffered. You should also include evidence showing that all the injuries you claim reimbursement for resulted from the crash.
Reach Out to The Kryder Law Group, LLC After an Illinois Rear-End Collision
After learning what you need to know about an Illinois rear-end collision, you may wonder where to get legal help when filing a claim. At The Kryder Law Group, we have a team of accident lawyers who can help you seek justice. They will gather the evidence required to prove liability and assess the damages caused.
Call The Kryder Law Group, LLC now at (312) 223-1700 for a case assessment and legal assistance with an Illinois rear-end accident.