Former State's Attorney With Over 38 Years of Experience

Orland Park Rear-End Accidents Attorney

My firm, Michael J. Brennan Accident & Injury Lawyer, represents car accident victims in Orland Park. Our experienced team understands the impact of any car accident, but especially rear-end accidents, which are one of the most common types. If you or a loved one have been hurt in one of these accidents, contact us today for a free, no-obligation consultation.

Do You Need a Lawyer After These Accidents?

Every car accident is different, and a rear-end accident is no exception. They can be minor fender-benders where you’re not hurt at all, or they can be serious, giving you and especially your passengers in the backseat severe injuries. Whether or not you need a lawyer depends on the severity, but if you are in one of the more serious types of rear-end accidents, you should definitely think about talking to my team.

We have extensive experience in dealing with the fallout of a rear-end car accident, and here’s how we approach them:

  • We’ll investigate the facts and circumstances to give you a clear evaluation of your case and potential damages.
  • We can help you gather important evidence, then present it in an effective way.
  • We’ll put together a formal demand to the at-fault party’s insurance carrier, and guide you toward a fair settlement.
  • If necessary, we’ll file a lawsuit in civil court on your behalf and maybe even go to trial.

Regardless of how your case progresses, we’ll be with you the whole way. We value open communication with our clients, and will always be there to give you an honest assessment of what you need to do.

Liability in a Rear-end Accident

The key starting point for your claim starts right after the accident. More specifically, it’s the actions you take that will be very important to your eventual claim. That’s why you need to make sure to:

  • Get medical attention
  • Call the police and report the accident
  • Get insurance information from the other driver or anyone else involved
  • Take pictures or video of the accident scene, including damage to your car or your injuries


In a legal context, the starting point of your claim is figuring out who is responsible–or liable. Liability is extremely important, because it establishes who exactly is responsible for covering your injuries and damages from the accident. In order to figure this out, you need to show negligence, which involves:

  • A duty of care to drive in a way that prevents accidents
  • A breach of that duty
  • The breach causing the accident
  • The accident directly leading to your injuries or other damage

Once these elements are established, a clearer picture emerges regarding the responsible party for your injuries and resulting damages. It’s important to note that liability may be shared among different individuals, and in certain situations, you might also bear some responsibility. Various parties can potentially be held liable in a standard rear-end car accident claim, including:

  • Other drivers
  • Bicyclists or motorcyclists
  • Pedestrians or passengers
  • Vehicle owners
  • Car or part manufacturers
  • Government agencies
  • Employers
  • Repair shops

The way the law works in Illinois, you have the ability to file a claim against every liable party. While this can make the claims process slightly more complicated, it also allows you to recover more extensive damages.

Damages in a Rear-end Accident Claim

In order to file a claim for damages, you generally have two options: filing an insurance claim out of court, or filing a lawsuit and going through the formal legal process. Which option you choose will probably depend on the circumstances and your needs. An insurance claim allows you to get a settlement offer quicker, but ultimately relies on the insurance company’s evaluation of your claim–and their ultimate goal is to pay you as little as possible.

On the other hand, a lawsuit allows your case to be heard by an impartial third party, a judge and jury. However, the process is much more time-consuming and requires a greater investment of your effort.

Regardless, both of these options allow you to recover certain “damages.” These are simply your losses from the accident, and include things like your:

  • Medical bills, treatment costs, and related expenses – This covers the money you spend on doctor visits, medicines, and any other costs related to getting better after the accident.
  • Ongoing care – If you need continued treatment or more doctor visits in the future because of the accident, this includes the ongoing costs for your health care.
  • Vehicle replacement or repair costs – If your car got damaged in the accident, this covers the money needed to fix it or get a new one.
  • Lost wages or earning potential – If you can’t work because of the accident, this includes the money you would have earned. It also covers any other income you lose because of the accident.
  • Pain and suffering – This is compensation for the physical and emotional pain you experience due to the accident. It’s like acknowledging that the accident has caused you a lot of stress and discomfort.
  • Permanent disability or disfigurement – If the accident leaves you with a lasting physical problem or changes how you look, this includes financial considerations for that.
  • Emotional damages – Beyond physical pain, this covers the emotional toll the accident takes on you, such as stress, anxiety, or trauma.

There’s a few important aspects to any injury claim. The first–and arguably most important–is the statute of limitations. This is simply the legal deadline by which you have to file your claim. In Illinois, you have two years from the date of the accident to file. Missing this deadline means you won’t be able to recover damages.

The second is known as “comparative negligence”, which is a legal concept that says any percentage of fault you share in the accident will reduce your potential recovery by the same percentage. That’s why the circumstances of your accident will become important to your overall claim.

What Causes These Accidents?

Just like in any city, certain conditions and factors contribute to rear-end accidents in Orland Park. Given the sheer amount of cars and vehicles on the road and conditions you drive in, it’s not difficult to see how these accidents can happen. Still, here are some of the most common causes of these accidents:

  • Tailgating – Following too closely behind the vehicle in front, leading to collisions if the lead vehicle stops suddenly.
  • Distracted driving – Drivers being distracted by phones, food, or passengers, not paying attention to the road and causing collisions.
  • Driving under the influence – Impaired ability due to drugs or alcohol, making it more likely for drivers to be unable to react in time and leading to rear-end accidents.
  • Speeding – Driving too fast, making it challenging to stop suddenly and avoid collisions.
  • Poor visibility – Weather conditions like fog, rain, or darkness impairing visibility, making it harder for drivers to see and stop in time.
  • Vehicle malfunctions – Faulty brake systems in vehicles, causing drivers to be unable to stop in time and resulting in collisions.
  • Road conditions – Poor road conditions such as potholes, debris, or uneven pavement, making it difficult for drivers to stop if they encounter obstacles.

Regardless of the specific cause of a rear-end accident, serious physical and financial consequences are likely for you or your loved ones. Obviously, this is going to create difficulties for you and your family. But if you find yourself in this situation, our team will be there to help you.

Free Consultations For Orland Park Car Accident Victims

Rear-end car accidents are always an unpleasant experience, no matter the situation. If you’ve been injured in such an accident, my dedicated team at MJB Law will be there to guide you through the legal process. We’re ready to stand up for your rights and give you reliable legal support. Contact us today to set up your free consultation.

Michael J. Brennan Accident & Injury Lawyer – Orland Park Office

16521 S 106th Ct
Orland Park, IL 60467
P: (708) 809-2211

Contact Us Now!