Recent Blog Posts
Can the Driver in Front Be at Fault in a Rear-End Collision?
In a rear-end collision, the driver in back is generally the one at fault; it is presumed that the driver in back should be positioned to react in time if the driver in front makes a quick stop. However, while this is relatively rare, there are times when the driver in back can make a valid argument that they were not at fault for rear-ending the car in front of them.
Here are some situations when a rear-end collision may not be entirely the fault of the driver in back:
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Multi-car pile-up. Each car that, under its own power, rear-ends another car is generally responsible for that specific collision. However, a car that pushes multiple cars into one another can be held responsible for the entire pile-up. For example, suppose driver 1 and 2 both stopped in time, but then driver 3 comes along and smashes into driver 2, propelling driver 2 into driver 1. Driver 2 was not responsible for rear-ending driver 1 because he had no control over that collision. Driver 3 is responsible for damages to both driver 1 and driver 2.
Criminal Charges in Head-On Collisions Can Support Civil Claims for Damages
Head-on collisions between two cars are relatively rare compared to other types of car accidents, but they are much more likely to be fatal or cause serious injuries. In Lake County alone, there were 130 head-on collisions—more than two per week—in 2016, the latest year for which complete data is available. 10 of these crashes, 7.7 percent, resulted in a fatality. 33 of these crashes, 25 percent, resulted in serious injuries requiring immediate medical attention at a hospital emergency room. For perspective, there were 2.744 accidents where one vehicle was turning at the time of the crash. Just 0.5 percent of those crashes resulted in a fatality and 3.3 percent resulted in serious injuries.
Head-on collisions do not always involve another vehicle. They can also involve a car running into a tree or embankment. Out of 1,542 crashes involving a fixed object in Lake County in 2016, nine of them, 0.6 percent, resulted in a fatality and 64 of those crashes, 4.2%, resulted in serious injury.
2019 Fatal Traffic Crash Statistics for Illinois
Illinois drivers can take some comfort in the state’s fatal car accident statistics for January through May 2019. Compared to the same period last year, there were 98 fewer fatalities this year, down from 394 in 2018 to 296 this year.
City streets had the most fatalities, with 115 deaths. US and state routes accounted for 76 deaths, followed by interstate highways at 53 and county/township roads accounting for 52.
Roughly one-third of the fatalities (96) occurred in Cook County, with 18 in Will County and 9 in Lake County.
More Crashes Involve Pedestrians
Out of the 296 fatalities, pedestrians suffered 51 deaths and 38 deaths occurred in crashes involving semi-trucks. The percentage of fatalities stemming from truck accidents has remained steady in recent years at 13%. However, the percentage of fatalities suffered by pedestrians has risen from around 14% in 2014 to 17% in 2019. This mirrors a national rise in motor vehicle accidents involving pedestrians. The Governors Highway Safety Association reported that pedestrians accounted for 16 percent of all traffic fatalities in 2018, up from 12 percent in 2008.
Can a Crash Reconstruction Expert Help Win a Car Accident Lawsuit?
If you or a member of your family suffered severe injuries in a car crash, you may be entitled to compensation not only for your medical expenses but also for a range of other damages including:
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Disfiguration
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Permanent disability or dysfunction of any part of the body
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Lost income due to time missed from work while injured.
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The inability to return to your previous line of work
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Emotional suffering and loss of enjoyment of activities you can no longer do.
However, you will only win your claim for damages if you can show that the accident was not your fault but rather was primarily due to another person’s negligence. A technical accident investigator, also known as an accident reconstruction specialist, can provide the evidence you need to prove who was at fault.
What If a Car Accident Is Caused by a Medical Emergency?
Imagine this scenario: As car 1 is lawfully passing through a dangerous intersection, car 2 comes from their right, runs the stop sign, and T-bones car 1 on the passenger side. The passenger in car 1 suffers severe injuries that incapacitate them for months and leave lasting damage. In most cases, you could rightfully assume that car 2 is at fault for causing this car accident; therefore, the driver of car 2 and their insurance company will have to pay out thousands of dollars in damages to the car 1 passenger. But is that always the case? No, not always.
In what situations would someone who runs a stop sign not be the at-fault driver in an accident such as the one described above?
One situation is a medical emergency. Suppose the driver of car 2, the one who ran the stop sign, suffered a heart attack or stroke that caused them to lose consciousness. This can happen with no previous warning signs. As long as the driver had no indications that they were not safe to drive, a sudden medical emergency is a defense against liability for the accident.
Why Is the Driver in Back Usually at Fault in a Rear-End Collision?
When cars collide, one of the first questions that must be answered is, “Who was at fault?” The at-fault driver--or, more commonly, their insurance company--is liable for any damages caused to others, including personal injuries as well as property damage. In a rear-end collision, the driver in back is usually the one at fault.
The Rules of Safe Following Distance
When you are following another car, you have a duty not to follow too closely. If the car in front of you has to stop suddenly, you should have sufficient braking distance to halt your car before impacting the car in front of you. If you were tailgating, speeding, or simply not paying attention, a rear-end collision can be the result, and you will generally be deemed at fault.
The general rule of thumb for safe stopping distance is the three-second rule. You pick a sign or tree at the side of the road to serve as your reference point. When the car in front of you passes that point, you count out three seconds. If you pass the reference point before the three seconds are up, you are following too closely.
Social Host Liability for Underage Drinking and Car Accident Injuries
Underage drinking tends to rise in May and June due to graduation parties and other celebrations that mark the end of the school year. Unfortunately, intoxicated minors often make risky choices, which can result in catastrophic injuries from falls or car crashes. These young people may injure not only themselves but also other people, particularly in drunk driving accidents. These accidents can cause substantial financial and emotional damage as well as physical injury. Everyone looks for someone to hold liable for these damages.
Most people have heard of dram shop laws, which make a licensed liquor seller who overserves a visibly intoxicated customer financially liable for injuries caused by that impaired customer, typically in a drunk driving crash.
How Does Fault Affect Compensation for Car Accident Injuries?
When someone is seriously injured in a car accident in Illinois, one of the first questions they will be asked is, “How did it happen?” The answer matters for several reasons:
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To help doctors provide appropriate medical care. For example, if a person lost consciousness while driving, they may have a medical condition that needs to be treated, apart from any injuries caused by the accident.
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To enable police to determine if anyone should be ticketed or charged with a crime in conjunction with the accident, such as speeding or drunk driving.
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To allow auto insurance companies and lawyers to determine who was at fault. The allocation of fault is critical because Illinois follows the rule of “modified comparative negligence” and is not a no-fault state.
How Speeding Can Lead to Dangerous Car Accidents
Every year, thousands of Americans suffer serious injuries in motor vehicle collisions. In many instances, these accidents are caused by the careless actions of a driver. Reckless driving can range from drinking and driving to failing to signal when turning or following other vehicles too closely. One of the most deadly forms of reckless driving is speeding. Despite the risk of traffic tickets and potential loss of driving privileges, drivers regularly choose to drive at speeds above the legal speed limit. If you or a loved one is injured in a car accident caused by a speeding driver, you may be entitled to significant injury compensation.
The Consequences of Speeding
In the United States, speeding is a primary factor in more than 25 percent of all fatal motor vehicle collisions. In 2017, according to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), a total of 9,717 Americans were killed in collisions caused by speeding drivers. In today’s busy world, people tend to speed because they are in a hurry to get from place to place.
Common Injuries in Dog Attack Lawsuits
On April 19, a 9-year-old boy suffered serious injuries in a dog attack that resulted in his hospitalization. The attack occurred in Rosemoor on the Southside of Chicago, and the boy was rushed to Comer Children’s Hospital. Fortunately, the child was not fatally injured in the attack, but the incident served as a reminder throughout the greater Chicago area of the dangers of dog attacks. If you or a member of your family suffer a dog bite injury, speak with a skilled personal injury attorney as soon as possible.
Dog Bite Injuries
According to the American Veterinary Medical Association (AVMA), around 4.5 million Americans are bitten by dogs on an annual basis. While the vast majority of dog bites are non-fatal (only 61 people were fatally injured in dog attacks throughout 2016), the injuries associated with dog attacks can be severe.
Contact a Lake County Vehicle Accident Attorney Who is Ready to Help You
If you or a member of your family has been injured in a motor vehicle accident, contact our office. Call 847-662-3303 to set up a free initial consultation at one of our four convenient locations. There is no risk because we only collect fees if you collect compensation. With offices in Libertyville, Waukegan, Richmond, and Chicago, we represent clients in Lake County, Cook County, DuPage County, and McHenry County.