By Dan Noll on July 31st, 2024 in Car Accident
Springfield Car Accident Lawyers Answer: Can You Sue Someone for Rear Ending You in Illinois?
Although there are many different types of motor vehicle collisions, rear-end collisions are one of the most common. According to national statistics, rear-end collisions account for roughly 29% of all motor vehicle accidents. These types of collisions can result in serious personal injuries or the wrongful death of an innocent person. Despite nearly all rear-end collisions being preventable if a driver exercises reasonable care, there are still far too many avoidable collisions caused by reckless or careless conduct. This means that many innocent people are needlessly exposed to the risk of personal injuries or death due to the negligent conduct of others. As a result, the Springfield car accident lawyers at the Noll Law Office know that many victims and their families face unexpected medical bills and lost wages – some which can become overwhelming and debilitating. If you’ve been hurt in a rear-end collision and have increasing bills, you may be wondering can you sue someone for rear ending you in Illinois.
At the Noll Law Office, their experienced legal team offers free case evaluations to help answer your questions. Unlike other bodily injury law firms that may ask for an upfront fee or require you to collect the police accident report or medical records, the compassionate team at the Noll Law Office knows you have enough to worry about after a car crash. They’ll gather that information for you and begin to investigate your claim to get you some answers, while you and your family can focus on healing and moving forward. If you decide to hire their law firm, and if they accept your case, there are also no legal fees or bills to pay until after they recover compensation for you and your family. This means there is a no win, no fee guarantee at the Noll Law Office. To schedule your free consultation, call them by dialing (217) 414-8889.
What is a Rear-End Car Accident?
As the name implies, a rear-end car accident is a type of collision where the front end of one vehicle collides with the back end of another vehicle. Any vehicle can be involved in a rear-end collision, especially tractor-trailers and other large vehicles. However, this also means that motorcycles and bicycles can also be involved in a rear-end collision, where even a light back wheel “tap” can still knock a rider off the bike and onto the ground causing serious personal injuries.
It is also important to realize that rear-end collisions can also occur at different speeds. Most collisions occur at lower speeds usually below 30 MPH, particularly even less than 15 MPH. However, these types of collisions can still result in serious personal injuries or harm to a victim. In addition, there are still high-speed rear-end collisions which can result in devastating injuries and result in the wrongful death of an innocent person in Illinois.
Illinois Traffic Law and Rear-End Collisions
Answering can you sue someone for rear ending you in Illinois depends on many different factors. When looking at the legal factors in a rear-end car accident case, there are generally two areas of law that could apply. Each of these areas of law can result in a finding of “negligence” against a defendant. This means that a victim can recover compensation for his or her injuries.
The first is the common law, or judge-made law, which requires that all motorists exercise reasonable care when operating a motor vehicle. This means seeing what there is to be seen and driving courteously and defensively. Drivers who fail to drive as a reasonably prudent driver would have in similar circumstances, may be found to be negligent under the common law of Illinois.
The second area of law is the statutory law, or legislatively-made law, which is set by the traffic laws and other Illinois laws. As relevant to a rear-end collision, 625 ILCS 5/11-710 governs “following too closely,” and provides under subdivision (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.” When a driver is following too closely and rear-ends another vehicle, it is likely that this law is violated and that a defendant could be “negligent per se” for his or her conduct.
Common Causes of Rear End Collisions in Illinois
Generally, there are many different ways that a victim could be injured in a rear end collision. Determining can you sue someone for rear ending you in Illinois will depend partially on the cause of the rear end collision. Some of the most common examples that usually are the result of negligent conduct include the following:
- Distracted driving
- Drunk driving
- Driving too fast in the weather
- Drugged driving
- Braking defects
- Oversized load or overloaded vehicles or trucks
- Aggressive driving
- Driving too fast for the traffic situation or pattern
- Unsafe lane changes
- Stopping short
- Failure to yield
- Passenger distractions or pet distractions
- Driver inexperience
- Speeding
- Texting while driving or using a cell phone while driving, and
- Other types of negligent conduct that a Springfield trucking accident lawyer could handle for you and your family in Illinois.
Injured by a Driver Following Too Closely? Not Sure Can You Sue Someone for Rear Ending You? Call the Springfield Car Accident Lawyers at the Noll Law Office
After any type of motor vehicle accident in Illinois, especially a rear-end crash in Springfield or near one of their satellite offices, call the Noll Law Office to protect your rights. Their compassionate and experienced legal team are fifth generation lawyers, with their family serving families throughout Illinois for decades.
If you or your family need help, their car accident lawyers in Springfield can answer your questions during a free consultation, initiate your case without any upfront charge to you, and work through to settlement or verdict to recover compensation for you. It is only once you get paid, that their legal bills get paid from a percentage of the recovery and the litigation costs get reimbursed. To learn more about how their legal team can help you and your family in Illinois, call the Noll Law Office by dialing (217) 414-8889 or by contacting them today.