Rear-end accidents caused over 90,000 injuries in Illinois in 2017, the highest number of injuries of any type of car accident that year. These accidents can cause minor injuries such as contusions, or life-long afflictions such as paralysis.
Langdon & Emison is here to ensure that you get the compensation you deserve.
Suffering a traumatic event like a car accident can dramatically impact your life. Don’t suffer another alone. Let us help you navigate the complicated process of seeking damages for your injury.
We’ve been handling Chicago rear-end accident claims for over 30 years. Our dedicated team works across Chicago, in Cook County, DuPage County, Will County, Kane County, and Lake County. We know what is needed to get you the maximum compensation you deserve.
Find out how an expert attorney can make a difference in your case by calling Langdon & Emison at no-obligation to you. Call (312) 872-3389 and start your claims process today.
Determining Liability for a Rear-End Accident
After a car accident, your state of shock can prevent you from noticing key details. It is difficult to be objective when you were involved in a traumatic event.
Chicago rear-end accidents are our specialty at Langdon & Emison. Our expert lawyers are trained in determining liability and proving negligence. That’s how we’ve earned our clients settlements of up to $4 million after a rear-end collision caused by a negligent driver.
We advise victims of a car accident to hire a professional. Don’t try to represent yourself.
Hiring an expert Chicago car accident lawyer increases your chances of winning your claim and of receiving higher compensation. Working with an expert is like driving a race track with a professional driver: it’s smoother, faster, and less stressful than trying to keep up on your own.
Is Fault Automatic in a Rear-End Car Accident Case?
Fault may seem obvious in a rear-end car accident. Surely, the rear vehicle is at fault?
In many situations, that is true. However, it is not always the case.
In a rear-end accident, there are many factors to consider when determining fault. If the front vehicle was stalled on a highway, for example, the rear driver could not be entirely at fault. It was at least partially the front driver’s fault for being stopped in the middle of a high-speed roadway.
Victims of rear-end accidents in Chicago assume that the fault is obvious. Without evidence of the negligence of the rear driver, opposing counsel can shift the blame to the front driver.
Langdon & Emison are here to support victims of rear-end accidents.
Determining fault in car accidents in Chicago is our specialty. Our team understands the complicated factors that can lead to an accident and prepare for opposing counsel to use these factors to transfer fault. We are prepared to argue your innocence better than you can yourself.
Protect your back after a rear-end collision by hiring a team who can watch it for you.
Comparative Negligence vs. Contributory Negligence
Illinois is a fault-based system to ensure that negligent drivers are held accountable for their actions. In a fault system, the victim is able to file claims for damages against the accountable party to cover their economic, non-economic, and punitive damages.
There are two arguments commonly used in car accident claims: comparative negligence and contributory negligence.
Comparative negligence allows victims to receive damages even if they played a role in the accident. They can be found to be partially at fault for the accident by having a broken brake light while being entitled to economic damages for their medical fees.
In Chicago, comparative negligence is capped at 50%. A victim cannot receive damages if they are more than 50% responsible for the rear-end accident. This prevents the defendant from filing a claim against the plaintiff for a minuscule amount of damages, such as 1%.
Contributory negligence is a harsher standard that prevents the victim from receiving any damages if their actions contributed to the accident. Regardless of how small a role they may have played, if the victim is found to be even 1% at fault, they cannot receive damages.
This system is often regarded as beneficial to the negligent party, as they can prevent having to pay for their fault very easily.
Our expert car accident lawyers in Chicago, IL are well-versed in the tricks that the opposing counsel will use to discredit the plaintiff and to attempt to prove fault. We can protect you from their heartless attacks.
Call (312) 872-3389 for a no-obligation consultation with one of our experienced attorneys today. Let us show you how we will support you through your claim.
Obtaining Compensation After a Rear-End Car Accident
It is simpler to obtain compensation for property damage after a rear-end car accident than to receive damages for injuries or losses. Insurance companies can see the physical damage to a vehicle with no way to disprove or dispute its existence. However, they often argue the medical claims of victims to avoid paying out more money.
If you or a loved one have suffered a personal injury, speak to a Chicago personal injury law firm to find out how much you are actually owed for your traumatic experience.
To begin working towards obtaining compensation following a rear-end accident in Chicago, take the following steps:
- Call the police to the scene of the accident. They will be able to collect evidence and file a police report that you can submit to your insurance company with your claim.
- Collect your own evidence. Take photographs of the scene and the damage. Speak to witnesses to get their accounts of the accident. Exchange information with the other party involved in the accident. Write down your recollections of the event.
- Seek medical attention to determine if you need to make a personal injury claim.
- Hire an attorney to represent your best interests.
- Retain your receipts from medical appointments, any fees paid to repair property, and loss of pay due to missed work.
- File a claim with your insurance company.
Types of Injuries
Rear-end collisions can occur at any speed. If the rear driver is impaired or driving recklessly, they could be speeding, resulting in serious injury to the party in the front car. However, even a slow-speed collision can result in injuries with long-term effects.
The most common type of injury in a rear-end collision in Chicago is whiplash. Whiplash is a soft tissue injury that occurs from the victim having their neck and shoulder muscles forced to move unnaturally at high speeds. The symptoms of whiplash, such as muscle tightness and a limited range of motion, may take up to 24 hours to appear.
There can be life-long consequences of whiplash. Some victims have life-long chronic pain, jaw stiffness, headaches or fatigue, back or arm pain, and memory problems as a result of their injury.
Minor injuries as a result of rear-end collisions are:
- Soft tissue damage
- Ankle or knee injury
- Carpal tunnel
Severe injuries include:
- Traumatic brain injury
- Nervous system damage
- Spinal damage
- Blunt force trauma
- PTSD or anxiety
If you or someone you love has experienced an injury as a result of a Chicago rear-end accident, call (312) 872-3389 today for a free consultation. Find out how Langdon & Emison can help you.