Establishing Fault in a Rear-End Collision

 Posted on May 31, 2019 in Car Accidents

Every single year, thousands of Americans suffer injuries in rear-end collisions. From whiplash to traumatic brain injuries, even low speed rear-end collisions can result in significant injury. In many cases, these injuries can cost a person thousands in medical expenses while impacting their overall quality of life. Due to the monetary ramifications of many of these collisions, it is incredibly important to secure injury compensation from the responsible party. In order to secure the compensation you deserve, you must establish who was at fault for the collision. In the event of a motor vehicle collision, seek out quality legal assistance, as soon as possible.

Who Was the Responsible Party?

In the aftermath of the collision, you need to hire a skilled legal professional. After hiring your attorney, the two of you will examine the events that led up to the collision. This is done to explore whether or not the other party involved in the accident was acting in a negligent manner.

Rear-Driver Negligence: In the vast majority of rear-end collisions, the driver of the rear vehicle is responsible for the collision. It should come as no surprise that distracted driving is one of the leading causes of rear-end collisions. With the drastic rise in cell-phone use, many drivers are electing to text and drive. Taking your eyes off the road for even a few seconds, can be incredibly dangerous and constitute negligence. Speeding is also a leading cause of rear-end collisions.

Front-Driver Negligence: In other cases, the driver that is rear-ended ultimately is responsible for the collision. This could be due to the driver making an erratic stop, such as stopping at a green light and interrupting natural traffic flow. The front driver could also be deemed negligent due to aggressive driving. For instance, if the front driver is aggravated at the driver behind them and decides to brake check them, that would constitute negligence.

Both Parties Were at Fault: In some collisions, both parties are deemed responsible for the accident. Yet this does not mean that you will not be able to secure some injury compensation. Here in the state of Illinois, comparative negligence laws state that a person can still secure injury compensation if they were less than 50% responsible for the collision. For instance, if it is decided that the front driver came to an abrupt stop, but the rear driver was texting at the time of the collision, the court may rule that the front driver was 20% responsible for the collision. In that instance, they would still be entitled to 80% of the established injury compensation. We would be happy to speak with you more about the nuances of comparative negligence.

Contact a Plainfield Car Accident Lawyer

With years of experience operating within the state of Illinois, Attorney Daniel Flaherty is prepared to do whatever is necessary to secure the injury compensation your family deserves. When a family member suffers an injury in a car accident, the family can be forced to pay thousands in medical expenses. Fortunately, a qualified attorney can help you devise a comprehensive strategy that will give you the best chance at securing compensation. To schedule a complimentary consultation with a skilled Will County personal injury attorney, call us today at 815-577-7500.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116