Rear-end accidents are the most common type of vehicle accident in Illinois,and they are almost always the fault of one of the drivers. Generally, a driver is expected to keep his car under control, and he will be found at least partially at fault if he rear-ends someone.A driver will not even be excused due to icy road conditions, according to the Illinois Department of Insurance. Nevertheless, if you were the one rear-ended you are not assured of victory – either in court or at the settlement table – because Illinois applies a comparative fault system to auto accidents. If a court rules that the car that struck you was 40 percent at fault while you were 60 percent at fault (for stopping suddenly, for example), you will receive no compensation.
Any qualified lawyer fresh out of law school is legally entitled to handle just about any kind of case (patent law cases are a rare exception). Likewise, a contract lawyer with 25 years of experience is legally entitled to handle his very first personal injury case. If you settle for this kind of lawyer, however, you are unlikely to receive the best quality representation. It’s different here at Malman Law. We don’t run a buffet-style practice with lawyers who handle everything from writing wills to defending drug dealers. Personal injury law is all we do, and it’s all we’ve been doing for the last 25 years. Over that time we have represented over 20,000 injured victims, who have walked away with literally hundreds of millions in compensation.
“Two years ago, I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet.” – Malman Law Client
Below is a very incomplete list of the types of cases we typically handle:
The most common causes of rear-end accidents are:
Other common causes include driver intoxication and equipment malfunction such as brake failure.The rear-ended driver also sometimes contributes to the accident by, for example, turning suddenly into traffic.
When a rear-end accident occurs, some injuries are more common than others. The most common injuries include:
It is important to seek medical attention immediately after an accident, even if you don’t believe you were injured.
Tailgating is following too closely behind another vehicle. Commercial trucks are famous for using this as an intimidation tactic. Tailgating is a violation of Illinois law, although the question of “How close is too close?” is frequently a point of contention. Violation of a traffic law is not considered automatic negligence, but it does put the defendant at a considerable disadvantage.
It depends on whether the driver was an employee of the trucking company or an independent contractor. A court will make this decision based on the extent to which the driver enjoyed independence from the company. Commercial truckers are usually considered independent contractors.
The way we have set up our fee structure, it is essentially the other side who pays your legal bills. In other words, you don’t pay us anything unless you win. And if you do win (as 95 percent of our clients do), our legal fees come out of your verdict or settlement. You will never owe us a dime until your money actually arrives.
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim