If you have been rear-ended in your vehicle, either while stopped at a red light on Michigan Avenue or moving with traffic on the Kennedy Expressway, you may be dealing with serious injuries, a damaged vehicle, and mounting bills. Did you know you have the right to seek compensation for the collision?
At Levin, Riback & Adelman, our Chicago auto accident attorneys work with people who have been injured in accidents in the Chicagoland area and elsewhere in Illinois. Our attorneys and legal team understand how devastating a serious automobile accident can be. Let us help support you through this difficult time of recovery.
Medical bills start arriving quickly. Missing work can create real financial pressure. While no two cases are alike, auto accident victims are often entitled to compensation for their losses, which can include:
Damages (the legal term for the financial losses you can seek to recover) are generally divided into two categories. Economic damages are things that can be calculated with bills and pay stubs. Non-economic damages cover the more personal consequences, like chronic pain or the inability to enjoy activities you once could.
The severity of your injuries, how they affect your daily life, and the clarity of fault in your case will all shape what a claim may be worth. Talking with a rear-end accident lawyer in Chicago who can review the specific facts of your situation is the most reliable way to understand your options.
Illinois law generally gives injured people a limited window of time to file a personal injury claim. This time period if referred to as the statute of limitations, and it is the legal deadline by which you must file your lawsuit or risk losing the right to pursue compensation entirely.
Many people assume that the driver who struck them from behind is automatically responsible. Under Illinois law, the trailing driver is generally presumed to be at fault, based on the duty to maintain a safe following distance and remain attentive to road conditions ahead.
However, the other driver’s insurance company may argue that you stopped suddenly, that your brake lights were not working, or that you changed lanes in a way that contributed to the crash. These arguments are often raised to reduce the amount they have to pay to you.
Illinois follows a modified comparative fault rule. This means that if you are found to be partially responsible for the crash, your compensation may be reduced. Knowing how fault may be disputed, and being prepared to counter those arguments with evidence, is part of what a rear-end crash injury attorney in Illinois can help you do.
Common causes of rear-end collisions in Illinois include:
The Dan Ryan Expressway, the Eisenhower, I-90, and Lake Shore Drive are among the corridors where rear-end collisions occur with notable frequency, particularly during rush hour congestion and winter weather events. If you were hit from behind while driving, call to talk to a lawyer at the Chicagoland law firm of Levin, Riback & Adelman. We have a record of success obtaining compensation for our personal injury clients.
The force of impact, even at relatively low speeds, can cause significant harm. And in many cases, symptoms do not appear until hours or days after the crash.
Whiplash is probably the most common injuries with rear-end crashes. It occurs when the head and neck are snapped forward and back rapidly during impact. The resulting strain on soft tissue in the neck can cause pain, limited range of motion, headaches, and in some cases, longer-term neurological symptoms. Insurance companies sometimes try to minimize whiplash claims, but the injury can be genuinely debilitating.
Other injuries that commonly result from rear-end collisions include:
Injuries that are not immediately visible can still be severe. If you walked away from the scene feeling shaken but not obviously hurt, that is not a reason to skip medical evaluation. Seeking care promptly at a hospital or urgent care facility serves two purposes: it protects your health, and it creates a medical record that documents your condition close in time to the crash.
A few common missteps can quietly undermine a rear-end collision claim. They are worth knowing about before you find yourself in a situation where they apply.
Accepting a quick settlement offer. After a crash where the other driver is clearly at fault, their insurance company may reach out quickly with an offer. That offer may feel like a relief. It is also likely to be far less than the full value of your claim, particularly if you have not yet finished medical treatment or fully understood the extent of your injuries. Once you accept a settlement and sign a release, you generally cannot go back and ask for more. Speaking with a rear-end accident lawyer in Chicago before accepting any offer is a step worth taking.
Giving a recorded statement to the other driver’s insurer. Insurance adjusters are trained to ask questions in ways that can be used to minimize your claim. You are generally not required to give a recorded statement to the other party’s insurance company, and doing so without legal guidance can create problems.
Delaying medical treatment. Gaps in treatment can be used to argue that your injuries were not as serious as claimed, or that they were caused by something other than the crash. Staying consistent with medical appointments matters.
Posting on social media. Photos or comments that suggest you are feeling fine or engaging in physical activity can be used against you, even when taken out of context.
Not keeping records. Saving every bill, every prescription, every note from a doctor visit, and every piece of communication related to the crash gives your lawyer the raw material to build a complete picture of your losses.
Some rear-end crashes involve a driver who flees the scene. This adds a layer of complexity to an already stressful situation. If the at-fault driver cannot be identified, your ability to file a claim against their insurance is obviously limited.
In these situations, your own uninsured motorist coverage may become relevant. Illinois requires insurers to offer uninsured motorist coverage, and if you carry it, it may apply when the driver who hit you cannot be found or has no insurance. Our Chicago hit-and-run accident attorney page covers this situation in more detail and explains how these claims tend to work.
Not every rear-end collision involves just two vehicles. On congested stretches of the Stevenson Expressway or at busy intersections in areas like Wicker Park, Logan Square, or the South Loop, one impact can push vehicles into each other in a chain reaction. When that happens, sorting out who is responsible for which injuries and by what percentage becomes considerably more complicated.
In multi-vehicle rear-end crashes, there may be more than one at-fault driver, and more than one insurance policy in play. Identifying all potentially liable parties and understanding how each policy interacts is something that generally requires a careful legal review. Our Chicago auto accident attorneys can help you.
For additional context on road safety data and national crash statistics, the NHTSA road safety information resource provides useful background on rear-end collision trends across the country.
When you work with our law firm, we take on the work of investigating what happened so that you can focus on recovering. We will build a clear and accurate picture of what the crash cost you, both now and going forward. If a fair resolution can be reached through negotiation, we pursue that. If it cannot, we are prepared to take the matter to trial.
Our attorneys understand that people dealing with rear-end collision injuries are often in pain, financially stressed, and uncertain about what comes next. We try to make the process as clear and manageable as possible. You should understand what is happening in your case and why, at every stage.
If you were injured in a rear-end crash anywhere in Illinois, including Chicago, the surrounding suburbs, or elsewhere in the state, contact the law office of Levin, Riback & Adelman to discuss your situation in a free, no-obligation consultation.
If you were injured in a rear-end collision caused by another person’s negligence, you have a right to claim compensation. Levin, Riback & Adelman, has the skill to assist you in filing a strong personal injury claim. For a free consultation, call 312-782-6717 or message us via our online contact form.
