Rear End Car Accidents
Understanding Liability, Causes, and Damages in a Rear End Car Accident in Springfield: Explained by the Experienced Car Accident Lawyers at the Noll Law Office
One of the most well-known types of motor vehicle accidents is a rear end collision. Statistics support this belief, as it has long been found to be one of the most common types of car accidents, occurring in almost one-third of all traffic accidents. It is also one of the most dangerous types of motor vehicle accidents, accounting for roughly 29% of traffic injuries and 19% of traffic fatalities in the United States each year. Unfortunately, personal injuries and wrongful deaths from rear-end collisions are usually preventable and avoidable. Because of this, the experienced car accident lawyers in Illinois at the Noll Law Office know that a rear end car accident in Springfield is usually due to the negligence of another driver.
If you or a loved one were seriously injured in any type of motor vehicle accident, especially a rear end car accident in Springfield or anywhere else in Illinois, contact the Noll Law Office for help at (217) 414-8889. Their compassionate and skilled lawyers can help you and your family recover compensation for your damages as the result of a rear end crash. They offer FREE consultations and case evaluations, and pay the upfront costs and expenses of litigation which are only reimbursed after a recovery is made. Similarly, their attorney fees are only paid from a percentage of the total recovery and only after such a recovery is made. That means there is no upfront cost or risk to begin working with their bodily law firm.
We Handle Rear End Car Accidents in Springfield and Throughout Illinois
Motor vehicle accidents are some of the most common ways that a person may sustain a serious personal injury. Indeed, car accidents in Springfield can result in significant and life-changing injuries. Unfortunately, in severe cases some victims may be wrongfully killed due to the negligence of a defendant. The vast majority of these personal injuries and wrongful deaths are completely avoidable, meaning that victims and their families often case needless suffering.
Victims who have suffered any type of personal injuries in a car accident in Springfield should contact the Noll Law Office. This is particularly true of rear end car accidents in Springfield and throughout Illinois, which may appear to be very clear in terms of liability but are often hotly contested. Even if you believe that you may have been partially at fault for a rear end collision, contact the Noll Law Office to learn more about your rights to compensation under the law.
Liability in a Rear-End Car Accident in Springfield
In order to recover compensation in a car accident case, a victim most establish liability. Under the law, the term “liability” refers to proving who is at fault for the accident. Most people know the general rule of rear end accidents about liability. That rule is that the vehicle or driver who hits another vehicle from the back/rear is at fault.
Although this rule is right in most cases, it is not always true. And there are also some ways that an insurance adjuster or defendant could try to push an exception to reduce the amount of compensation that a victim may be entitled to.
The Illinois Statutory Rule
More specifically, under Illinois law, 625 ILCS 5/11-710 governs following too closely, and provides under subsection (a) that: “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
This is a legislatively-made law that has some flexibility in it, particularly that all motorists cannot drive closer than what is “reasonable” and that they must have “due regard” for the speed and condition of the roadway. This includes weighing factors such as traffic, speed limit, weather, roadway surface (i.e., potholes), sunlight (or the lack of light at night), city versus highway roads, and other considerations that are relevant to driving a vehicle.
A defendant who hits another vehicle from behind will have violated this law and may be found liable under the doctrine of negligence per se. This doctrine functions like a shortcut, and automatically establishes liability against a defendant who violates the statute and harms another person. As a result, victims will only need to establish causation and damages.
The Illinois Common Law Rule
In addition to the statutory law, the common law (or judge-made law), requires all motorists to exercise reasonable care under the circumstances. That means that a reasonably prudent driver must give enough space between his driver and the vehicle ahead to as to allow him to stop in time without colliding with it.
Although this is similar to the statutory rule, there are situations where the common law rule may apply but the statutory rule may not. This can include on non-public roadways, such as private parking lots, closed courses, or other facilities where the traffic laws do not apply. This can also apply to situations that do not necessarily involve motor vehicles, such as golf cart accidents.
But the overarching application of the common law rule is to also be plead alternatively to the statutory violation. Said differently, this is a different cause of action that can be used by a victim and his or her family to help prove liability against a defendant who was negligent and caused a rear end car accident in Springfield.
Causes of Rear-End Collisions in Illinois
There are many common causes of a rear end collision, most of them are due to the negligence of another driver. The most common causes include the following:
- Distracted driving
- Drunk driving
- Drugged driving
- Brake failure
- Aggressive driving
- Following too closely
- Improper lane changes or merges
- Driving too fast for bad weather like rain, snow, ice, fog, or other conditions, and
- Other common causes of rear end collisions in Springfield that the car accident lawyers at the Noll Law Office may be able to help you and your family recover compensation.
Each of these common causes that result in a rear end collision could violate either the statute or the common law. As a result, a victim could recover compensation for his or her damages.
Common Damages in a Rear End Car Accident in Springfield
The term “damages” in a lawsuit is the measure of relief that a party may be entitled to in a lawsuit, such as a personal injury lawsuit. Although there are many different types of damages, the most common type in a personal injury case like a car accident is monetary compensation for physical or emotional injuries. Individuals with personal injuries in a rear end car accident can obtain monetary compensation for many different types of harm, including the following:
- Past pain and suffering
- Future pain and suffering
- Medical bills
- Lost wages
- Lost future earnings
- Property damage
- Loss of consortium
- Punitive damages (in rare and exceptional cases), and
- Other damages that a car accident lawyer in Springfield like one at the Noll Law Office may be able to recover for you.
Hurt in a Rear End Car Accident in Springfield?
Call the Noll Law Office to Speak with Their Car Accident Lawyers in Springfield
As fifth-generation lawyers, the experienced car accident lawyers at the Noll Law Office in Springfield, Illinois have dedicated their practice and career on serving individuals and their families who have been injured in motor vehicle accidents. They have a proven track record of success handling accidents against some of the largest insurance companies and defense law firms in the region, taking pride in the fact that they handle cases in-house and do not farm cases out across the state. If you or a loved one suffered any type of personal injuries in a rear end car accident in Springfield, contact them today to get started by scheduling a FREE consultation.