Who Is at Fault in a Rear-End Collision?

If you were injured in a rear-end collision, determining who was at fault will be critical for assessing your legal rights. Regardless of what happened, it is important not to make any assumptions; and, if someone else was at fault, you will need proof of liability to seek the financial compensation you deserve.

So, who is at fault in a rear-end collision?

In most cases, the driver who did the rear-ending will be deemed legally at fault. There are few legitimate excuses for running into the back of someone else’s vehicle. But, there are some circumstances in which the driver in front (or some other party) can be liable, and drivers who need to seek financial compensation after being rear-ended must be prepared for the insurance companies to accuse them of being fully or partially to blame.

Proving that the Rear-Ending Driver is Liable for the Crash

As with all types of car accidents, proving liability in a rear-end collision requires a prompt and thorough investigation. When you engage a law firm to investigate your rear-end collision, your law firm will be looking for any and all forms of evidence that can be used to prove why you were rear-ended. Some of the most common reasons for rear-end collisions include:

• Speeding – Speed is a common factor in rear-end collisions. Oftentimes, not only are drivers going too fast, but they also misjudge how long it takes to stop before hitting the vehicle in front of them. 
• Tailgating – Tailgating is a common factor in rear-end collisions as well. When drivers are following too closely, this severely limits their ability to stop in time to avoid a crash. 
• Distracted Driving – Drivers need to be focused on the task at hand at all times. When drivers aren’t focused on the task at hand, they can quickly lose sight of their surroundings, and they can end up causing accidents that could (and should) have been avoided.
• Impaired Driving – Being under the influence of alcohol or drugs impairs drivers’ judgment and increases their reaction time. Both of these factors can significantly increase an impaired driver’s risk of causing a rear-end collision. 
• Fatigued Driving – Behind the wheel, fatigue can have effects similar to low-level alcohol impairment. Of course, if a driver falls asleep behind the wheel due to fatigue, the driver will be helpless to avoid causing a rear-end collision. 

Again, these are just examples. To seek the financial compensation you deserve, you will need proof of the specific reason why you got rear-ended. While various forms of evidence may be available, it will be critical to preserve this evidence before it disappears. 

When the Driver in Front May Be Responsible for Causing a Rear-End Collision

As we stated above, there are certain circumstances in which the driver in front may be deemed responsible (or at least partially responsible) for causing a rear-end collision. If you are deemed partially responsible for your accident, whether you will still be able to recover financial compensation will depend on your percentage of fault. Some examples of factors that can lead to drivers in front being deemed fully or partially responsible for rear-end collisions include:

• Slamming on the brakes for no reason or unexpectedly in a dangerous situation
• “Brake-checking” another driver in an act of road rage
• Cutting off another driver and leaving them with no way to avoid a collision 
• Reversing into another vehicle (i.e., in a parking lot or parking garage)
• Failing to replace burnt-out taillights or brake lights 

Once again, conducting a thorough investigation is critical. Under no circumstances should you assume that you were fully or partially to blame—and you should not let the insurance companies convince you to accept responsibility. Instead, you should rely on your law firm’s advice to make informed decisions about asserting your legal rights. 

Other Factors that Can Cause (or Contribute to Causing) Rear-End Accidents

While driver negligence is the most common cause of rear-end collisions by far, when assessing your legal rights, it is important not to overlook the possibility that other factors could have caused (or contributed to causing) your accident as well. From faulty brakes to hazardous road conditions, various other factors can potentially play a role in rear-end collisions. Here too, it will be important to rely on your law firm to make sure you have all of the evidence you need to seek the full compensation you deserve.

Talk to a Chicago Car Accident Lawyer for FREE

If you have questions about your legal rights after a rear-end collision in Illinois, we encourage you to contact us promptly.

Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. Our Chicago car accident lawyers help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.