Some car accidents may lead to minimal injuries, while other more substantial accidents may produce significant and extensive injuries. Rear-end collisions often have the potential to inflict severe damage both to a driver’s health and physical property.
A person who has experienced such an accident may benefit from seeking legal representation from a well-established personal injury lawyer. Obtaining a Cook County rear-end collision lawyer could strongly and positively impact your case’s success in court.
Many rear-end collisions take place on the highways and expressways during stop and go traffic. When a driver encounters a traffic jam while traveling at high speeds they may have extremely limited time to brake. Failing to brake in time or to notice traffic build up in front of them may substantially increase a driver’s potential for rear-ending another vehicle.
Intersections are another area where rear-end collisions frequently may occur. Drivers may run red lights, ignore stop signs, or attempt to proceed through an intersection without realizing the car in front of them may pause to turn and strike the back of their vehicle.
Section 11-710 of the Illinois Vehicle Code, Section A states the driver of a motor vehicle should not follow another vehicle closer than is reasonable and prudent while noting the speed of vehicles, the traffic, and the condition of the highway. This stipulation is put in place because generally rear-end car accidents occurs due to one car following too closely behind another.
Even if the front car comes to an emergency stop, the driver behind should refrain from following too closely and attempt to anticipate the car in front might make an emergency stop and leave enough room to brake. When assigning liability, it may be difficult to assert contributory negligence in a rear-end car accident case unless there are extenuating circumstances and a set of facts that lead to it.
Given the statute on rear-end car accident cases, it is difficult to apportion any liability to the car in front. The statute articulates that if someone follows too close behind, there must typically be extenuating circumstances for liability to be apportioned to the car that is rear-ended. A person should generally anticipate that following too closely happens on the roadways where cars come through quickly and sometimes make immediate emergency stops. A driver may benefit from leaving enough space, based on the speed and road conditions, to stop if the car ahead brakes suddenly. A seasoned Cook County rear-end collision lawyer could help with determining fault after an accident.
When attempting to establish liability, a Cook County rear-end collision lawyer could look at several factors that may contribute to rear-end collisions. The main factor in such a case may be the location of the damage. If the damage to the vehicle in front, the plaintiff’s car, is toward the center, that could mean they were going straight ahead. If it is to one side or the other or is toward the side-quarter panel of the car, that may mean they started to take a quick turn or tried a U-turn or something similar. If the damage is in the direct front of the car that rear-ended and the direct center of the car of the front, it could mean that the car behind was traveling too close behind and did not stop in time.
The severity of the damage and skid marks on the street may serve as other indicators which could point to a liable party. If the car behind locks up their brakes, skids, and leaves tire marks on the street, that could be an indicator they were going too fast for the situation and were potentially speeding above the posted speed limit. To further establish liability, the lawyer may look at the physical evidence which could include the scene of a rear-end accident, size of the vehicles, location of the impact on the vehicles, and the condition of the street.