Car accidents can ensue in a multitude of ways, from a simple fender bender to high-speed collisions. One particularly common kind of collision involves one vehicle rear-ending another.
Frequently caused by negligent inattentive driving, this type of accident can cause significant damage, regardless of the speed at which either involved car was driving. In Wheaton, the law presumes that a motorist who rear-ends another vehicle is at fault for that accident, but this presumption may not always be accurate depending on the circumstances involved.
Being involved in a rear-end car accident can result in serious injuries and extensive property damage, and recovering compensation after such a collision may be difficult without legal representation from a personal injury attorney. If you experience such an incident, it may be a good idea for you to consult with a knowledgeable Wheaton rear-end car accident lawyer who has experience successfully resolving this kind of case.
Negligence is a term often used to describe conduct that falls below an established standard of care. In auto accident cases, drivers may be considered negligent when their actions fall short of what a reasonable driver would or would not do if they were in similar circumstances.
Proving that another driver was negligent requires the plaintiff in a rear-end car accident case to prove that a duty of care existed between the two involved parties. Simply put, all drivers must exercise caution and care when on the road. Failure to adhere to this established level of care may open up avenues of liability.
Moreover, the victim must also prove the other driver breached their duty of reasonable care. Some examples of potential breaches may include:
Lastly, the victim must also establish that they were left with actual damages, such as bodily injury or property damage. If actual damages can be proven, emotional distress may also be compensable in some cases.
While rear-end collisions are almost always the rear driver’s fault, that driver may present evidence that another factor or person played a role in the crash. For instance, it may be that the defendant in a Wheaton rear-end car crash case was actually rear-ended by the driver behind them and pushed into the plaintiff’s vehicle. This may complicate matters and can even change the outcome of a lawsuit.
Following another car too closely, or “tailgating”, is a common cause of rear-end collisions. When drivers neglect to leave a fair amount of space between their car and the one in front of them, they may not have enough time to avoid hitting the leading vehicle if that vehicle suddenly slows down or stops. For this reason, many courts would find that the driver who collided into the leading vehicle is at fault for the ensuing crash.
According to the Illinois Vehicle Code, the driver of a motor vehicle must not follow another vehicle closer than what is considered reasonable and prudent. Collisions that involve tailgating opens up liability on the driver that initiated the crash, which a Wheaton rear-end car accident lawyer could help you pursue.
Car or truck accident cases can be complex due to a variety of factors. As such, proving negligence in a rear-end collision often requires a substantial amount of time, effort, and resources.
A knowledgeable Wheaton rear-end car accident lawyer who understands how to approach auto accidents of this caliber may prove beneficial in obtaining fair and just compensation. To learn more about potential options in your case, call today.