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Can You Sue for a Rear-End Collision?

Yes, you can sue for a rear end collision, rear end accident, or similar car accident with a car accident attorney against the other driver, at fault party, or their insurance company.

A car accident lawyer can help see if you can sue for a rear end collision accident or rear end accidents. Rear end accidents and rear end collisions can involve lost wages, pain and suffering damages, property damage, personal injury, or even wrongful death.

Talk to our personal injury lawyers from our law firm in a free consultation about a personal injury claim and the legal process after a rear end car accident. Taking legal action can help you recover compensation from the parties involved following a rear end collision accident.


What Injuries Are Common in a Rear End Accident?

A rear end collision can cause some of the violent and life-long personal injuries. The force and speed of a rear end accident and rear end collisions can harm victims in many different ways.

Here are some of the most common harms from car accidents like this:

  • Traumatic brain injuries (TBIs) and concussions
  • Disfigurement and scarring
  • Hearing and vision loss
  • Broken bones
  • Knee and joint damage
  • Herniated disc
  • Fatality

The complete breakdown of injuries and damage will be different for each rear end collision. It is important to see a doctor immediately after the rear-end car accident. This will help you figure out what damage the rear end collisions actually caused.

Most rear end accidents leave victims not only with personal injuries but costs too. For example, they can be left with large medical expenses and lost paychecks during rehab. These issues are important to remember when determining the full import of the collision.

Can you sue for a rear end collision and get a fair settlement and financial recovery for property damage, personal injury, or wrongful death in a rear end collision claim? Yes, and you can contact our law firm to speak with our personal injury lawyers about this kind of case.

We can set up an attorney client relationship and give you a free consultation and free case evaluation about your legal rights. In that free case evaluation, we can discuss the legal rights of rear end collision victims or those of other car accidents.

How Do Most Rear End Crashes Happen?

Unfortunately, most rear end crashes happen the same way. Despite warnings and admonitions, drivers tend to get into these collisions on an ever-increasing basis, and here's how:

  • Distracted driving
  • Sudden stop
  • Road rage
  • Driving while intoxicated
  • Fatigue
  • Poor road or weather conditions

Can you sue for a rear end collision? Talk to a car accident lawyer about bringing action against the motorist or their insurance company today to see what money and relief may be out there.

Who Is Responsible for a Rear End Crash?

The party responsible in this kind of accident will be the one that negligently caused it. Negligence just means unreasonable behavior in the given circumstances. It normally involves speeding, alcohol, texting, fatigue, or aggression.

You can do other things to figure out what and who caused the events, like this:

  • Review the police report
  • Talk to witnesses
  • Investigate the accident scene

Talk now with a car accident attorney about a negligence or wrongful death lawsuit and how to prove fault in order to obtain an initial settlement offer in a case or insurance claim. This legal action can help you recoup medical costs and other expenses from the parties involved in the events.

Compensation Available in Rear-End Collision Lawsuits

There are a couple of broad categories of financial assistance available to you should you bring legal action with a car accident lawyer after a rear-end crash. Here are some of the most common:

  • Economic Damages: This includes your out-of-pocket losses related to healthcare, work, and property. It could be more but these are the most frequent.
  • Non-Economic Damages: This covers your intangible harm. Typically, plaintiffs seek reimbursement for disfigurement, disability, pain, suffering, changed life circumstances and relationships, lost quality of life, and even more.
  • Wrongful Death Damages: This repays a family for the terrible loss of a loved one following an incident. They can obtain assistance for lost support, lost companionship, and lost consortium, to name a few areas of recovery possible here.
  • Punitive Damages: If the defendant's conduct was particularly reckless, plaintiffs can ask a court for punitive damages. These punish wanton parties and seek to prevent similar acts in the future. They can often double a plaintiff's award.

Speak with an experienced attorney to see what you may be able to achieve in a case or claim. Every case is different and demands a careful and independent analysis.

Deadline to Bring Rear-End Crash Claims

Many people do not know that they are barred from bringing these kinds of cases if they wait too long. Like other states, Illinois has statutes of limitations that prohibit you from filing causes of action for injury or death beyond a certain point.

The one that is relevant in this instance is 735 ILCS 5/13-202. That law states the following:

"Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation ... shall be commenced within 2 years next after the cause of action accrued..."

That rule dictates that you only have two years. While there are some exceptions for minors, fraud, and other circumstances, you should stick to this general rule. That might sound like a large window to file but there is a lot to do, including the following:

  • Investigate the nature of the events.
  • Seek medical attention.
  • Catalog your harms and losses.
  • Hire a capable attorney.

This is just the start of the list. There will be more to do. It is important to work with a lawyer expeditiously to complete these tasks so you can file timely and obtain all relief under the law.

Rear End Collision Lawsuit Summaries

$800,000 Settlement; Chicago, Illinois

A truck driver rear-ended the plaintiff, a man in his late fifties, as he sat waiting in his automobile in a traffic jam on an Illinois highway. Due to the event, the plaintiff experienced shoulder tendonitis, rotator cuff strain, joint damage, and PTSD.

Counting all of the medical bills, he spent one quarter of a million dollars because of the car crash and lost almost $200,000 from missing work in recovery. To make up for this and the pain, trauma, and suffering of the affair, he sued the truck driver and large truck company.

The parties decided to get around trial by privately negotiating and they eventually settled for $800,000.

$495,000 Settlement; Cook County, Illinois

A young woman in her late teens was injured when her friend crashed into a pole in the Cook County suburbs of Chicago. She sustained a concussion, broken clavicle, and other personal injuries.

They necessitated multiple surgeries (medical bills were more than $75,000). The young girl also experienced ongoing pain and disability due to the circumstances of the motor vehicle accident.

She sued the driver for reckless driving and negligence. The pair agreed to settle the matter for $495,000.

$1,450,000 Herniated Disk Settlement

In this truck accident dispute, the defendant rear-ended the plaintiff’s vehicle with his truck. Then, things got really complicated. Lumber in the rear of the plaintiff's vehicle went flying through the window and hit the plaintiff.

That event and the injuries from the truck accident itself caused him tremendous damage. He herniated a disc, broke a rib, punctured his lung, and sustained cervical stenosis. The medical care for these harms alone was almost $1 million.

Plus, since he could not work right after the crash and then in the future because of rehab, he projected almost another $1 million in damages due to lost income. To make up for this as well as the suffering and disability that came with it, he sued the truck driver.

Soon after that, he was directed to the relevant insurance company because fault was not really contested. The defendant was clearly responsible. At the end of the negotiations, he obtained $1.45 million in compensation for his harms and losses.

$525,000 Facial Injury Settlement

This truck accident occurred in Joliet, Illinois on the Des Plaines River Bridge. A family was stopped in their car near Interstate 80. Out of nowhere, a large truck slammed into the back of their vehicle.

The rear-end collision caused the child in the car (age 5) a lot of harm. She broke multiple bones in her face as well as her nasal bone. Eventually, she even had to have an operation on her eyelid because she had developed entropion and trichiasis.

The family sued the trucker and the trucker’s employer for their losses including the little girl’s pain, long-term disability, medical bills, and related damages. The defendants realized they were at fault from the beginning but argued that the plaintiffs were exaggerating their injuries.

The two sides decided to enter into settlement negotiations to avert trial and end the matter more promptly. Eventually, the family recovered $525,000. That compensation was paid by the trucking company. It was self-insured.

Talk to a Car Accident Lawyer Today About Your Case

Rosenfeld Injury Lawyers has helped many crash victims get relief and financial relief. We can talk to you about what might be available under Illinois law after a rear end collision accident.

Speak with a car accident lawyer after your car accident in a no-obligation consultation. We work on cases on contingency so our services are free if you don't get an award or settlement. Call us at (888) 424-5757 to get your case started today.

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