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Waukegan Rear-End Accident Attorneys
After a rear-end accident in Waukegan, the importance of a skilled and experienced personal injury attorney cannot be overstated. These accidents can result in serious injuries, medical bills, lost wages, and emotional trauma. Navigating the legal complexities of such cases requires a dedicated legal advocate who can protect your rights and fight for the compensation you deserve.
The Waukegan personal injury attorneys at Briskman Briskman & Greenberg have extensive experience successfully handling rear-end accident cases and are committed to serving the local community. We understand the unique challenges you face and are here to provide expert guidance throughout the legal process. Whether establishing liability, negotiating with insurance companies, or representing you in court, our team has the knowledge and expertise to pursue the best possible outcome for your case. Contact the Waukegan rear-end accident attorneys at BB&G at (877) 595-4878 to schedule a consultation with an accident lawyer on our team.
The Rate of Accidents in Illinois
A statistical projection by the National Highway Traffic Safety Administration (NHTSA) for the first half of 2023 indicates that approximately 19,515 individuals died in motor vehicle traffic accidents. Moreover, in 2024, Illinois has seen the following:
- Fatal Crash: 36
- Fatalities: 38
- Fatalities Last Year to Date: 81
- Restraint Used: 6
- Restraint Not Used or Misused: 8
- Unlicensed Drivers: 5
Further, most recent Lake County accident data shows that in 2021 there were:
- Total Crashes: 11,174
- Fatal Crashes: 36
- Injury Crashes: 2,764
- Serious Injury Crashes: 308
According to the NHTSA, rear-end collisions are among the most common types of accidents. Understanding a driver’s behavior and performance before accidents becomes increasingly clear when crafting effective prevention measures and securing compensation for victims.
What is a Rear-End Accident?
A rear-end accident, commonly referred to as a rear-end collision or rear-end crash, is a type of traffic accident that occurs when one vehicle collides with the back of another car. It is one of the most frequent motor vehicle accidents, resulting in property damage and injuries. Understanding the definition and characteristics of rear-end accidents is essential for road safety and legal considerations.
Common Characteristics of a Rear-End Crash
Rear-end collisions, a prevalent type of traffic accident, exhibit distinct characteristics that differentiate them from other crashes. These accidents typically occur when one vehicle strikes the rear end of another. Understanding their key features is essential for accident prevention and assessing the consequences for the negligent driver.
Primary Cause
Rear-end collisions are primarily caused by the trailing vehicle’s failure to maintain a safe following distance from the leading vehicle.
Impact Angle
In rear-end collisions, the impact angle is generally close to perpendicular. The front end of the striking vehicle comes into contact with the rear of the lead vehicle. This results in a distinct type of force transfer, often leading to specific types of injuries, such as whiplash.
Speed Differential
Rear-end accidents typically occur at lower speeds than other types, like head-on collisions or side-impact crashes. This is because the relative velocity between the two vehicles is reduced due to the lead vehicle’s braking. Recognizing these distinctive features and the legal considerations associated with such accidents is essential for road safety efforts.
Cause of Rear-End Accidents in Waukegan
Rear-end accidents are one of the most common types of traffic accidents. Understanding and identifying the cause of your accident is essential for recovering fair compensation. Some of the most common causes of rear-end accidents include the following:
Distracted Driving
One of the leading causes of rear-end collisions is distracted driving. Activities like texting, using a smartphone, adjusting the radio, or eating while driving diverts a driver’s attention from the road, making them more likely to rear-end the vehicle in front.
Tailgating
Following the vehicle in front too closely, known as tailgating, reduces reaction time. When the lead vehicle suddenly stops or slows down, the following vehicle may not have sufficient time to brake, leading to a rear-end collision.
Sudden Stops
Abrupt stops by the lead vehicle, especially without warning, can catch the following driver off guard. This lack of anticipation increases the risk of rear-end collisions.
Speeding
Driving at excessive speeds reduces a driver’s ability to react to changes in traffic conditions. Speeding drivers may not have enough time to stop when the vehicle in front slows down or stops.
Impaired Driving
Driving under the influence of alcohol or drugs impairs judgment and reaction time, making rear-end accidents more likely.
Poor Weather Conditions
Rain, snow, ice, and fog reduce traction and visibility. In such conditions, drivers may struggle to stop in time, leading to rear-end collisions.
Fatigue
Fatigued drivers have reduced concentration and slower reaction times, increasing the likelihood of rear-end accidents, especially during long-distance or late-night travel.
Vehicle Malfunctions
Brake failures or other vehicle malfunctions can prevent a driver from stopping in time to avoid a collision.
Promoting awareness of these causes and encouraging safe driving practices are essential to reducing the frequency and severity of rear-end collisions on the roads.
Who Can Be Held Liable for a Waukegan Rear-End Accident?
Under Illinois law, liability for a rear-end accident is typically placed on the driver of the trailing vehicle. This is based on the presumption that the driver of the trailing vehicle had a duty to follow at a safe distance and maintain control of the vehicle to avoid colliding with the vehicle in front.
Presumption of Negligence
In rear-end collisions, Illinois follows a presumption of negligence on the part of the driver of the trailing vehicle. This means that the driver of the trailing car is presumed to be at fault unless they can prove otherwise.
Duty of Care
Illinois law imposes a duty on all drivers to exercise reasonable care and maintain a safe following distance based on the speed and conditions of the road. Failing to do so may result in liability in a rear-end collision.
Contributory Negligence
Illinois follows a modified comparative negligence system. If the driver of the leading vehicle is found to have contributed to the accident by making sudden and unexpected stops without valid reasons, their negligence can be considered. However, if the driver of the trailing vehicle is found to be more than 50% at fault, they may be barred from recovering damages.
Exceptions
There may be exceptions to this general rule, such as cases where the leading vehicle reverses suddenly, the trailing vehicle is struck from behind by a third vehicle, or when external factors beyond the control of the trailing driver cause the accident.
It’s important to note that liability in rear-end accidents can vary based on the specific circumstances of each case, and a thorough legal evaluation is often necessary to determine fault and liability accurately.
Damages After a Waukegan Rear-End Car Crash
After a rear-end accident in Illinois, victims may be eligible to collect various damages through a personal injury claim or lawsuit. These damages are intended to compensate the injured party for the losses resulting from the accident.
Medical Expenses
Victims can seek compensation for all reasonable and necessary medical expenses related to the accident, including hospital bills, doctor’s visits, surgery costs, prescription medications, and rehabilitation.
Lost Wages
If the accident causes the victim to miss work due to injuries, they may be entitled to recover lost wages and future earning capacity if their ability to work is permanently affected.
Pain and Suffering
Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, can be claimed to compensate for the intangible suffering caused by the accident.
Property Damage
Damages to the victim’s vehicle and personal property can be recovered, typically through the at-fault driver’s property damage liability coverage.
Loss of Consortium
In cases of severe injuries, a spouse may be able to claim damages for the loss of companionship and support resulting from the accident.
Punitive Damages
In rare cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior.
To pursue a rear-end accident claim and seek compensation, it’s advisable to consult with an experienced personal injury attorney who can assess your case and help you navigate the legal process.
Have You Been Injured in a Rear End Collision in Waukegan?
If you or a family member recently suffered serious injuries in a rear-end collision, the dedicated Waukegan car accident attorneys at Briskman Briskman & Greenberg can help you recover damages for your accident-related expenses.
At Briskman Briskman & Greenberg, our dedicated team of personal injury lawyers take immense pride in helping accident victims and their loved ones seek justice for what they’ve been through. We offer free consultations to all prospective clients, during which we will take as much time as we need to answer your questions. We will also outline the relevant laws and provide you with an honest assessment of your case.
If you decide to bring a case with us, we will not accept payment from you unless and until we can win your case through a favorable settlement or jury verdict. To learn more, and to schedule a free consultation today, call Briskman Briskman & Greenberg at 877-595-4878. You can also connect with us through our secure online contact form.