When a negligent driver rear-ends the back of your vehicle, even at a low speed, the sudden, violent impact can cause a lot of shock and trauma. The driver and passengers can suffer serious injuries when in a rear-end collision. This is especially true if the at-fault driver hit rear-ended you at a higher speed. The car's occupants absorb much of that force.
Amid the chaos of the accident scene, knowing what to do when a car hits you from behind may not be clear.
If you recently suffered injuries in a rear-end car accident, obtain legal support as quickly as possible. A knowledgeable car accident lawyer in Chicago can investigate your accident, obtain a copy of the police report, and obtain other documents necessary to prove your case.
Your lawyer may negotiate with insurance company representatives for a favorable settlement offer. If that does not happen, your lawyer can file a personal injury lawsuit in court.
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Common Injuries in Rear-end Accidents
When a forceful rear-end accident occurs, the occupants of the front vehicle often suffer the more severe injuries.
An accident victim's injuries may depend on the speeds of the involved vehicles, whether the front vehicle was moving or stationary, and the accident victim's bodily movements inside their vehicle at the point of impact.
In addition to suffering whiplash injuries in a rear-end accident, the force of a collision may cause a part of the accident victim's body to strike a vehicle component, such as the steering wheel, window, door, or headrest, leading to additional injuries.
Some of the most common injuries that rear-end accident victims may suffer are rib fractures, open lacerations, broken bones, muscular contusions, traumatic brain injuries (TBI), internal bleeding, bruises, internal organ damage, complete and incomplete paralysis injuries, full and partial spinal cord injuries, facial injuries, scars, and mouth and teeth injuries.
Upon suffering any of these injuries in a rear-end collision, you should consult a medical professional as soon as possible and follow through with your entire medical treatment regimen.
Completing your medical treatment increases your chances of achieving a favorable medical and monetary recovery. Meanwhile, your car accident lawyer can investigate your case, gather documents, and assemble a settlement demand package on your behalf. Once your medical treatment ends, your lawyer can handle settlement negotiations with the at-fault driver's insurance company.
How Do Most Rear-End Collisions Happen?
Rear-end accidents often occur when other drivers behave negligently or recklessly, given the circumstances.
One common cause of rear-end accidents is excessive speeding. When a driver speeds, especially in heavy traffic conditions or inclement weather, they may be unable to stop their vehicle in time to avoid striking another vehicle.
Additionally, a rear-end crash occurs when a driver fails to leave enough stopping distance between the front of their vehicle and the back of another vehicle.
Another common cause of rear-end accidents is distracted driving. When a driver fails to watch the road attentively and look ahead, they might fail to notice an abrupt traffic backup, negligently causing the front of their vehicle to hit the back of another vehicle.
Distracted drivers frequently turn their eyes away from the road to engage in other activities, including applying makeup, combing their hair, eating or drinking, roughhousing with vehicle passengers, programming a GPS navigation device, or texting on a cellular phone or tablet.
Rear-end accidents can also happen when people drive in a particularly aggressive or egregious manner. This type of driving is often called road rage and may happen when a driver tailgates another vehicle, cuts off another vehicle in traffic, or attempts to pass another vehicle.
When an enraged driver is not paying close attention to what they are doing, they can easily cause the front of their vehicle to run into another. Additionally, these reckless driving maneuvers may lead to a multi-vehicle vehicle pileup or multiple collisions involving several other vehicles.
If you suffered injuries in a rear-end accident that resulted from one of these types of negligence, speak with a car accident lawyer in your area as quickly as possible. Your attorney will be ready to investigate the circumstances of your accident and can explore all your legal options with you.
Additionally, your attorney can weigh the pros and cons of those options so that you can make an intelligent and informed decision about how best to proceed with your case.
What Should You Do After a Rear-End Crash?
After the hazard lights are turned off, the vehicles are towed, and the accident scene is cleared, there are many steps you can take after a rear-end accident.
First and most importantly, you need to seek medical attention for your injuries. When a medical provider examines you, they might recommend future treatment.
For example, depending on your injuries, you may need to obtain additional imaging studies, consult with a medical specialist, undergo a medical procedure (such as surgery), or attend physical therapy.
Following through with your medical treatment increases your chances of achieving a favorable medical recovery.
Also, suppose you later file a personal injury claim or lawsuit. In that case, your continued medical treatment shows the insurance company that your injuries are serious, that you took your medical treatment seriously, and that you deserve to recover favorable monetary compensation for your injuries.
However, significant gaps in your medical record and treatments or discharging yourself from a medical facility can have a detrimental impact on your insurance claim. In such cases, the insurance company may be skeptical of your injuries and refuse to compensate you fairly.
Gathering and retaining essential documents and other evidence is also extremely important for your car accident case. Many people don't have the time or skills to build a case with supporting evidence, which is why it helps to hire an experienced car accident lawyer as soon as you can after an accident that was not your fault.
They can collect copies of the accident report, medical treatment records, medical bills, photographs and video of the accident scene and vehicle damage, black box data, dashcam and surveillance video, and more. All of this evidence is crucial to proving fault in a rear-end collision.
Police reports can be especially helpful because they usually describe how the accident happened and the police officer's assessment of who was at fault in the accident. The accident report will also typically note whether the officer issued the at-fault driver a citation and, if so, the reason for the citation. Occasionally, police reports contain inaccuracies that an experienced car accident lawyer can refute or correct.
The insurance company handling your case will also likely review your medical treatment records, medical bills, and property damage photographs to determine your case's likely settlement value.
Once you complete your medical treatment, your lawyer can submit these documents to the insurance company for evaluation and review.
It is also essential to retain any contact information from car accident witnesses. Once you retain a lawyer, you should forward that information to your attorney.
After obtaining the medical treatment you need for your injuries, the next most important step is to retain a skilled car accident attorney to represent you if you haven't already done so. Ideally, you want a lawyer who regularly handles car accident cases as a significant portion of their law practice. You also want a lawyer with a strong track record of success in settling car accident claims and litigating them to a conclusion in court.
Your lawyer can handle the various legal components of your case for you and work to obtain full and fair compensation for you.
How a Lawyer Can Handle Your Case After a Car Accident
Once you retain an experienced car accident attorney to represent you in your case, they can handle various steps for you.
Some of the most important ways that a skilled lawyer can handle your case include:
- Gathering necessary documentation and assembling a settlement demand package for the insurance company to review
- Aggressively negotiating with insurance company adjusters by highlighting the strengths of your personal injury case, downplaying any case weaknesses, and threatening the insurance company with litigation if they refuse to compensate you fairly.
- Representing you during all legal proceedings, such as a civil jury trial or alternative dispute resolution (ADR) proceeding
- Exploring the various litigation options in your case, such as trial, mediation, or binding arbitration, and determining which option is likely in your best interest
- Answering all your questions along the way and keeping you aware of any updates in your case
Recoverable Monetary Damages for Rear-end Car Accidents
Most rear-end accidents are entirely preventable and wouldn't have happened had the negligent driver exercised caution. Car accident victims may suffer severe injuries due to another driver's negligence. To recover monetary compensation and damages, your lawyer must identify all liable parties involved and establish various other legal elements of their claim.
First, they must demonstrate that the other driver operated their vehicle carelessly and unreasonably under the circumstances, for example, by violating one or more traffic laws, engaging in distracted driving, or operating their vehicle while under the influence of alcohol.
Additionally, the accident victim’s lawyer needs to show that the accident occurred as a direct result of the other driver's negligence and caused their physical injuries and other damages.
Once your lawyer establishes a connection between an accident and your physical injuries, they may consult a medical expert. The medical expert must state in writing or on the witness stand, to a reasonable degree of medical certainty, that the claimed injury or injuries directly resulted from the accident. A medical provider can also determine that a particular injury is permanent and unlikely to improve.
Car accident victims who establish these legal elements are eligible to claim monetary damages for their damages and losses. The amount of compensation that you obtain will depend upon multiple factors, including the cost of your medical treatment and the nature and extent of your injuries.
In general, accident victims who suffer permanent injuries can recover higher monetary damages than accident victims who suffer less severe injuries.
Accident victims can recover their past accident-related medical costs and anticipated future medical expenses if they suffered a permanent injury in their accident.
Anticipated medical costs may compensate you for a future surgery or medical procedure. If you miss work because of your accident injuries, you may receive compensation for all your lost income. If you had to switch to light-duty work and take a pay cut, you may recover monetary compensation for your loss of earning capacity. Lost benefits, pensions, bonuses, and promotions may also factor into your losses.
You may also receive monetary compensation for intangible losses, including lost use of a body part, lost quality of life, loss of spousal consortium, inconvenience, mental distress, pain and suffering, permanent disability or disfigurement, and ongoing care costs.
Putting a dollar amount on all of your costs can be a monumental effort that usually requires lots of legal skill and experience. Your car accident attorney can determine your case's value based on all the specific circumstances of your case, ensuring no potential costs are overlooked.
Talk With a Skilled Car Accident Lawyer Near You Today
If you recently suffered injuries in a rear-end car accident, time is of the essence. Accident victims in Illinois have just two years from their accident date to file a lawsuit seeking monetary recovery under the state's statute of limitations.
If you live in another state, you may have a different amount of time. However, if you have not taken legal action before the statute of limitations on your case ends in your state, you will not be eligible for compensation, no matter how strong your case is. Contact an experienced car accident lawyer as soon as you can to protect your claim.
Your attorney can start working on your case immediately, even while you complete your accident-related medical treatment. Your lawyer can aggressively negotiate with insurance company representatives or litigate your case to a fair and efficient resolution, ensuring you receive the monetary compensation you deserve for your injuries.
How Much Does a Car Accident Lawyer Cost?
Most car accident lawyers work on a contingency fee basis. You will pay nothing up-front or out-of-pocket. You only pay a percentage of the total recovery they obtain for you. If your lawyer does not win your case, you pay nothing for their services.
Contingency fee structures ensure that everyone has access to top-tier legal representation regardless of their financial situation. The arrangement also aligns your attorney’s interests with yours. They fight for maximum compensation because the more they can recover, the more they make for the time spent on your case.
Can I Request a Free Consultation?
Car accident lawyers usually offer free consultations with prospective clients as well. Consultations allow accident victims to seek legal advice without financial burden. During the consultation, the lawyer will evaluate the details of your case, including liability, damages, and potential avenues for compensation. They will also inform you of your rights and advise you on the best course of action.
This initial meeting serves as an opportunity for both parties to assess the viability of pursuing a legal claim. Importantly, it enables you to make an informed decision about the legal representation you choose.
Contact Abels & Annes For Your Rear-End Accident Case
The dedicated legal team of Chicago personal injury lawyers at Abels & Annes can help you if a negligent driver injured you or a loved one in a rear-end accident. We will stand up for your rights, lead you through the legal process from the first step to the last, and fight for every dollar of compensation you deserve.
Call our personal injury law firm today at (312) 924-7575 or fill out our confidential online form today to schedule your free consultation. We only get paid when you do. Let us fight for you.
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Gary Annes
Partner
Personal Injury Lawyer With Over Twenty Years Of Experience
Gary Annes, a partner at Abels & Annes, P.C., has dedicated over two decades to practicing personal injury law, specializing in auto accidents, premises liability, wrongful death, medical malpractice, and sexual abuse. Since earning his law degree in 1995, Gary has led numerous jury trials, and adeptly resolved cases through arbitration and mediation, securing millions in compensation for his clients.
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