Who Is at Fault in a Rear-End Collision?

When determining who is at fault in a rear-end collision, it is most often the rear driver’s fault, although there are some exceptions.

Every rear-end collision comes with its own set of circumstances. For instance, if you were rear-ended at a light by a distracted driver who didn’t stop, the fault for the rear-end accident would likely rest on them. However, suppose that you rear-ended another motorist who was driving erratically and braked suddenly. In that situation, they could be at fault for the rear-end accident.

If you were injured in a rear-end collision, a Chicago car accident lawyer can help you determine fault and liability for rear-end car accident. They can also help you seek compensation for your rear-end accident injuries.

Pieces of Information That Can Determine Fault in Rear-End Accidents

To recover compensation after a rear-end collision, your car accident lawyer must provide the other driver’s insurance company with specific information and support your claim with evidence.

Some pieces of information that can determine fault for the rear-end collision of a lead driver include:

The Accident Report

Following a collision that results in injuries, death, or property damage of more than $1,500, you are required to file an accident report, per 625 ILCS 5/11-406. The accident report will provide details to help you seek compensation including the time, location, those involved, and other key information.

Photos of Your Vehicle’s Damage

Photos of your vehicle’s damage can provide your lawyer with insight into your accident. To understand the collision better, your lawyer may review these photos with an accident reconstruction specialist. The impact point of the lead vehicle can reveal the other car’s speed, and skid marks can provide valuable data on rear-end crashes.

Your Medical Records

When negotiating a settlement, you need to show the insurance company the severity of your injuries. Your lawyer can use medical records to demonstrate this, proving not only that a rear-end collision caused your injuries but also if it worsened any pre-existing conditions.

Witness Testimony

Statements from other road users or bystanders can support your case in rear-end car accidents. They might confirm if the other driver was speeding or if the at-fault driver was acting unsafely given weather and road conditions.

These are just some pieces of information that could determine fault for a rear-end collision. Other forms of evidence may include traffic camera footage, your pain journal, or a vehicle’s “black box” data.

Potential Causes of a Rear-End Collision

Common causes of rear-end collisions include:

Speeding

When a driver speeds, they reduce their braking distance. If speeding leads to a rear-end collision, they might be held financially accountable.

Tailgating

Tailgating is when a vehicle follows the vehicle ahead too closely. Like speeding, it gives motorists less time to avoid accidents.

Drunk Driving

According to the National Highway Traffic Safety Administration (NHTSA), a drunk driver may show poor judgment, distracted driving, and loss of muscle control. If someone stops suddenly in front of them, their reflexes might not respond to avoid hitting the lead car.

Road Rage

Sometimes, angry drivers perform “brake checking,” slamming on their brakes to force the driver of the car behind them to do the same. A brake check is meant to inconvenience or scare the rear driver, and it can lead to rear-end collisions.

Vehicular Malfunction

All motorists must regularly maintain their vehicles. Ignoring check engine lights or skipping routine check-ups increases the risk of accidents.

The Kryder Law Group, LLC Accident and Injury Lawyers Can Help You

Our legal team can determine who is at fault in a rear-end collision. In a free consultation with experienced personal injury attorney, we will review the evidence associated with your case to determine who is at fault for your rear-end crash. We will explain your legal options, and answer your questions.