In Case Of Auto Accidents, Call Us Today In O’Fallon IL

Kevin Boyne Attorney at Law represents clients thought the Southwestern Illinois region including the O’Fallon, IL community. We combine personable service with professional experience and are fully committed to helping clients who have been wronged in work or vehicular accidents, or as a result of someone else’s negligence.

For over 30 years, Kevin Boyne has represented those who have been injured in all types of accidents, wrongful death, and worker’s compensation cases. He has assisted the Southern Illinois region including Madison County, Monroe County, St. Clair County, Randolph County, and The St. Louis Metro East area. Kevin Boyne is an experienced and trained injury lawyer who represents those who are intimidated by the complex legal system. His goal is to ensure that clients get the compensation they rightfully deserve.

We represent our clients in a variety of legal areas including:

Automobile Accidents

Illinois Workers’ Compensation

Missouri Workers’ Compensation

Personal Injury

Injury Lawyer O’Fallon IL

A rear-end accident is when there is a collision of the front portion of one vehicle crashes into the rear portion of a vehicle ahead of it. These are common vehicular accidents in the (Insert city name) area. However, besides being a common accident, they also contribute to a large number of injuries, property damage, and fatalities every year. According to the National Highway Traffic Safety Administration (NHTSA) rear-end collisions are the most common type of vehicle accident, makeup up approximately 30 percent of all traffic accidents every single year. It seems that every year the number of rear-end car accidents is increasing, this can be due to distracted driving from GPS devices, smartphones, and other devices that drivers use.

These types of devices distract drivers and cause preventable crashes. Determining who is at fault in a rear-end crash is not always an easy thing to figure out. Depending on how the accident occurred, the driver who caused the crash may be the driver that was rear-ended or the one who struck the automobile.

Determining Who’s At Fault

Usually, the driver who collided with the other vehicle is held responsible for failing to pay attention or following too closely behind. This would make the most sense. This is because the driver in the rear needs to pay attention to what is going on in front of him on the road. If they are distracted, driving aggressively, or driving too fast, they will not be able to stop in time and rear-end the car in front of them.

Some other examples of the rear-ending driver being at fault include:

Not maintaining distance safely between other vehicles and pedestrians.
Not using blinkers or other indicators.
Not yielding properly when needed.
Loss or lack of control over the vehicle
Not driving safely due to road conditions.
Not following speed limits.
Not stopping the vehicle within a reasonable amount of time.
Lack of attention being paid to the road.

However, in some cases the driver of the front vehicle can be at fault. Some examples of this include:

Driving while under the influence.
Driving with brake lights that are broken.
Braking suddenly.
Reversing into the car that is behind them.
Pulling out in front of another vehicle.

When someone says another driver is “at fault” refers to negligence occurring. An example of driving negligence can be something such as speeding. If you are driving faster than the speed limit, you will not be able to stop in time, which is considered negligence. In some cases, there could be responsible for negligent maintenance. This could be something such as if the breaks are out of adjustment, causing the driver to be unable to stop.

However, negligence is not the only type of liability. For example, if you are speeding and driving 100 mph in a 20-mph school zone, this is not just a case of negligence but is also reckless. Extreme negligence or aggravated driving is called willful and wanton conduct. Regardless of the exact cause of a crash, you should make sure to contact your local personal injury lawyer who can help you determine who is at fault allowing you to get the compensation and help that you deserve.

What are Damages?

Damages are the results of the car accident. The easier form of damage is damage to your vehicle, which is also referred to as property damage. There are however different types of damages including:

Loss of Range of Motion and Use
Pain
Scars and Disfigurement
Disability
Missed Work
Medical Bills

Almost any loss that you suffer as a result of injuries sustained from the crash is reimbursable.

Comparative Vs. Contributory Negligence

What happens in situations where both drivers are at fault for the accident? To deal with such situations all states have to follow a contributory negligence system. In these circumstances, each driver’s fault is to be considered. The victim/driver has to then have their claim reduced by the amount of their fault.

An example of this can be if Driver A rear-ends Driver but Driver B suddenly stopped. This situation would have both parties at fault. Driver B could have determined that it was 10% their fault and the jury figured out their total damages and then reduces the verdict by the amount that they were at fault.

This type of system is fair for both the parties that were involved. This is because Driver A would only pay for the harm that they caused, and Driver B would only get compensation for the injuries that were caused by Driver A.

However, in some states, such as Illinois, the system can take this a step further. States like this can follow a “modified comparative negligence” system. An example of this would be if in our prior example Driver A rear-ends Driver B and Driver B is 60% at fault for the accident. Driver B would then get ZERO for their injuries. In systems like these, drivers who are a little at fault will pay nothing. This unfairness means that many people end up with zero compensation for their injuries. This is why having a personal injury lawyer is important, as they understand the rules and regulations.

Involvement of Multiple Vehicles

Sometimes rear-end accidents can involve multiple vehicles. An accident can give rise to a chain reaction situation where multiple vehicles can become involved. The cars that started the accident are usually considered to be at fault in this case. This means that multiple drivers can be liable for this type of accident

Other causes

In some cases, the liability for the crash can rest on neither driver in a rear-end collision. This is because accidents such as these they can be caused partially or fully by:

Pedestrian or Cyclist
Off-Leash Dog Running in the Road
Unsafe Road Conditions
Vehicle Brake Manufacturer
Another Careless Driver

When there are multiple parties involved in a rear-end accident, determining who is at fault can be a complex process. Each party may have a different telling of what happened, which makes it difficult to determine who really is to blame.

At Kevin Boyne Attorney at Law, we understand that you are in a situation with which you may not be familiar, or the situation may be difficult. This is why our team strives to help every client regain control of what they’ve lost due to an automotive accident, workplace injury, or another accidental injury.

1803 North Belt West, Belleville, Illinois 62226