Common Causes Of Rear-End Collisions In Kenosha

Rear-end collisions are among the most frequent types of auto accidents on Kenosha’s roads. While they may seem minor at first glance, these accidents can lead to significant injuries, property damage, and legal complexities. At the Law Offices of John V. O’Connor, we’ve seen firsthand the physical, emotional, and financial toll rear-end accidents can take on victims and their families. We believe it’s essential for those injured in such collisions to understand the common causes, legal issues involved, and what their options are under Wisconsin law.

Most rear-end collisions are caused by driver negligence. Whether it’s failing to account for road conditions, following too closely, or distracted driving, understanding the causes of these accidents can help you not only avoid them but also better comprehend your rights if you’re ever involved in one. Wisconsin law is clear about liability in these types of accidents, but proving fault and obtaining fair compensation often requires careful legal consideration.

Common Causes of Rear-End Collisions

1. Tailgating (Following Too Closely): One of the most common reasons for rear-end collisions is drivers following too closely. Wisconsin Statute § 346.14 explicitly prohibits drivers from following another motor vehicle more closely than is reasonable and prudent, considering the speed of the motor vehicles and traffic conditions. When drivers tailgate, they reduce their reaction time, making it difficult to stop in time if the vehicle in front slows down or stops abruptly.
2. Distracted Driving: Texting, eating, talking on the phone, or using in-car technologies are all examples of distracted driving. When a driver’s attention is diverted from the road, the chances of failing to notice a car slowing down or stopping in front of them increase dramatically. Wisconsin Statute § 346.89 prohibits drivers from engaging in activities that may interfere with the safe operation of their vehicle.
3. Speeding: Driving at speeds higher than the posted limit or too fast for current road conditions is another leading cause of rear-end collisions. Speeding drivers may not be able to stop in time to avoid hitting the car in front of them. Wisconsin Statute § 346.57 dictates that drivers must operate their vehicles at a reasonable and prudent speed given the conditions of the road and surrounding traffic.
4. Weather Conditions: Wisconsin weather can vary greatly, and icy or wet roads can contribute to rear-end collisions. Drivers are expected to adjust their speed and following distance based on weather conditions. Failure to do so can result in accidents and significant liability. Under Wisconsin law, failing to account for hazardous weather conditions may result in a finding of negligence.
5. Impaired Driving: Alcohol or drug impairment significantly reduces reaction times and judgment, increasing the likelihood of a rear-end collision. Wisconsin’s strict drunk driving laws, governed by Wisconsin Statute § 346.63, hold impaired drivers responsible for damages caused by their negligence.
6. Sudden Stops: Rear-end collisions sometimes occur when the lead vehicle makes an unexpected stop. While the rear driver is often assumed to be at fault, Wisconsin follows a comparative negligence rule. According to Wisconsin Statute § 895.045, if the driver in front stopped without reason or warning, they may share some of the blame for the accident.

Legal Ramifications And Liability In Wisconsin

When a rear-end collision occurs, the driver of the rear vehicle is typically presumed to be at fault. However, Wisconsin’s comparative negligence system allows for the possibility that both drivers may share fault. This means that even if you were partially responsible for the accident, you might still be entitled to compensation, but your recovery will be reduced by your percentage of fault.

For instance, if the court finds you 10% responsible for the accident, and your total damages are $50,000, you would be eligible to recover $45,000 (the total amount reduced by your 10% of fault). Establishing fault in a rear-end collision can be more complicated than it initially appears, particularly when factors like sudden stops, poor weather, or distractions are involved.

Wisconsin’s statute of limitations for personal injury claims, found in Wisconsin Statute § 893.54, gives injured individuals three years from the date of the accident to file a lawsuit. Missing this deadline can result in losing your right to seek compensation.

Insurance Issues In Rear-End Collisions

Wisconsin law requires drivers to carry liability insurance to cover damages they may cause in an accident. However, not all drivers comply with this requirement. If you’re involved in a rear-end collision with an uninsured or underinsured driver, you may need to rely on your own uninsured/underinsured motorist coverage to receive compensation. Dealing with insurance companies is very challenging because insurance adjusters are often more interested in minimizing payouts than making sure you receive the compensation you deserve. It’s important to have an experienced legal professional on your side to navigate these complexities.

Wisconsin Statute § 632.32 requires insurers to offer uninsured and underinsured motorist coverage, which can protect you in cases where the at-fault driver lacks sufficient insurance. Dealing with insurance companies, whether yours or the other drivers, can be challenging, as adjusters are often more interested in minimizing payouts than ensuring you receive fair compensation.

The Role Of A Kenosha Rear-End Collision Attorney

At the Law Offices of John V. O’Connor, our personal injury attorneys understand the complexities of filing claims after rear-end collisions in Wisconsin. Our team will work closely with you to gather evidence, establish fault, and ensure you meet all deadlines. We also handle all communication with insurance companies, negotiate on your behalf, and represent you in court if necessary. Our goal is to relieve you of the legal burden and help you focus on your recovery, while we work to secure the compensation you deserve.

Rear-End Collision FAQs

What Should I Do Immediately After A Rear-End Collision?

After a rear-end collision, the first step is to check for injuries and call emergency services if needed. It’s important to get a police report, even if the accident seems minor. Document the scene by taking photographs and exchanging contact and insurance information with the other driver. But above all, seek medical attention, even if you don’t feel hurt initially, as some injuries may take time to manifest. Your health and financial recovery are our top priorities.

Is The Driver In The Rear Always At Fault In A Rear-End Collision?

While the rear driver is often presumed to be at fault, Wisconsin’s comparative negligence laws allow for the possibility that the lead driver may also bear some responsibility. For example, if the lead driver stopped suddenly without reason, they may share a percentage of the fault, which can impact the final compensation award.

How Much Compensation Can I Receive For My Injuries?

The compensation you may be entitled to depends on several factors, including the severity of your injuries, medical expenses, lost wages, property damage, and pain and suffering. Wisconsin’s comparative negligence system means your compensation will be reduced by any percentage of fault assigned to you. However, it’s important to note that Wisconsin law allows for the recovery of both economic and non-economic damages, which can include compensation for medical bills, lost income, property damage, and pain and suffering. It’s essential to have an attorney review your case to provide a clearer estimate of potential compensation.

How Long Do I Have To File A Claim After A Rear-End Collision In Wisconsin?

Wisconsin law gives you three years from the date of the accident to file a personal injury lawsuit. This may seem like a long time, but it’s important to start the process as soon as possible to ensure that evidence is preserved and that you meet all required deadlines.

Can I Still Recover Compensation If I Was Partially At Fault For The Accident?

Yes, under Wisconsin’s comparative negligence law, you can still recover financial compensation even if you were partially at fault. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault, your recovery will be reduced by 20%.

What Should I Do If The Other Driver Is Uninsured?

If the at-fault driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist coverage. This type of car accident insurance coverage is required to be offered by Wisconsin insurance companies, and it can help cover your medical expenses, lost wages, and other damages.

Contact Our Rear-End Collision Attorney To Receive Your Free Consultation

At the Law Offices of John V. O’Connor, we have extensive experience handling rear-end collision cases in Kenosha and throughout Wisconsin. If you or a loved one has been injured in a rear-end accident, contact our rear-end collision attorney in Kenosha at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive your free consultation. Our Kenosha car accident attorneys will evaluate your case, explain your legal options, and work tirelessly to make sure that you receive the economic compensation you deserve. Don’t wait—call us now to get the help you need.