Who is at Fault in a Rear-End Collision in Illinois?

Rear-end collisions are the most common type of traffic accidents in Illinois and throughout the United States. In Illinois alone, there were over 70,000 rear-end collisions reported in 2021. These types of accidents often result in various injuries, with whiplash being the most common. But who is at fault in a rear-end collision in Illinois?

Presumption of Fault

Illinois law generally presumes that the driver who rear-ends another vehicle is at fault. This presumption is based on the principle that drivers should maintain a safe distance from the vehicle in front of them to avoid collisions if sudden stops occur. Factors contributing to rear-end collisions include distracted driving, tailgating, speeding, adverse weather conditions, and impaired driving.

Exceptions to the Rule

While the trailing driver is usually at fault, there are exceptions where the lead driver may be held responsible or share the blame. Some scenarios where the leading driver might be at fault include:

1. Faulty Brake Lights: If the lead vehicle’s brake lights are not functioning, the trailing driver may not have adequate warning to stop.
2. Sudden Stops Without Justification: If the lead driver makes an abrupt stop without a valid reason, especially without signaling a turn or lane change, they may be partly at fault.
3. Reversing: If the lead vehicle is moving in reverse at the time of the collision, the lead driver could be liable.
4. Road Hazards: If the lead vehicle has a flat tire or another mechanical issue and fails to use hazard lights or pull over, it may contribute to the accident.

Comparative Negligence in Illinois

Illinois follows a comparative negligence rule, meaning fault can be apportioned between both parties involved in the accident. If the lead driver is found to be partially at fault, their compensation for damages may be reduced by their percentage of fault. For instance, if the lead driver is deemed 30% at fault, they can only recover 70% of the total damages.

Steps to Take After a Rear-End Collision

If you are involved in a rear-end collision, it is crucial to take the following steps:

1. Check for Injuries: Ensure everyone’s safety and seek medical attention for any injuries.
2. Report the Accident: Contact the police to report the accident and obtain a police report.
3. Document the Scene: Take photos of the accident scene, vehicle positions, and any damages.
4. Exchange Information: Gather contact and insurance information from the other driver(s).
5. Notify Your Insurance Company: Report the accident to your insurer.
6. Consult an Attorney: Whether you are at fault or not, consulting with an experienced attorney can help protect your rights and ensure fair compensation.

Conclusion

In most rear-end collisions, the trailing driver is presumed to be at fault. However, exceptions exist, and fault may be shared under Illinois’ comparative negligence laws. If you are involved in a rear-end collision, understanding these nuances and taking the appropriate steps can help you navigate the aftermath effectively.

If you were involved in a rear-end accident, do not hesitate to contact us for a 100% free consultation about your case. Its best to consult with an experienced attorney to see what your available options are before taking action. At Maksimovich & Associates, P.C., our experienced car accident attorneys are here to help.