Am I Automatically At Fault in a Rear-End Collision?

 Posted on November 27, 2024 in Personal Injury

There is a pervasive myth that a driver who hits another car from behind is automatically liable. The police officer who comes to take a report may even assume you are liable if you rear-ended another vehicle. However, in Illinois, liability is not automatic in rear-end collision cases. This myth likely comes from the fact that drivers are legally obligated to use a safe following distance and are generally liable if they caused an accident by failing to do so. However, not all rear-end collisions are caused by the driver in the back failing to follow at an appropriate distance. There are cases where the driver in front was substantially at fault for causing the car accident. If you are being sued after rear-ending another vehicle, a DuPage County, IL car accident defense lawyer can help you fight back.

Negligence Per Se and Rear-End Collisions

In car accident law, there is a concept called negligence per se. It means that when a driver is breaking a law designed to keep people safe and causes the kind of injuries that law was meant to present, the driver is automatically deemed negligent. In the context of rear-end collisions, the safety law at issue is usually the law that requires drivers to use a safe following distance. The law is designed to prevent people from getting hurt in a rear-end collision. If a driver was following too closely and rear-ends someone, causing injury, his negligence is presumed.

Causes of Rear-End Collisions Where The Front Vehicle Can Be Found At Fault 

A rear-end collision can sometimes be caused by the driver in front. Situations where the driver ahead may be liable include: 

• Missing tail lights - It is very hard to see a car with no tail lights after dark. If the car you rear-ended had no working tail lights and you could not see them until you were too close to stop, the other driver might be at fault. If the other vehicle was completely stopped in the road with no lights on, you are likely not liable. 
• Close passing - If you were observing a safe following distance when another vehicle abruptly cut in front of you without warning before stopping quickly, you likely had no opportunity to avoid the other vehicle. The other driver should have made sure he was a safe distance ahead of you before passing. 
• "Brake-Checking" - If the driver ahead of you deliberately braked hard for no reason other than to taunt or scare you, he may be partially at fault for driving recklessly. 

Contact a Lisle, IL Rear-End Collision Defense Lawyer 

SpyratosDavis LLC is experienced in helping people who are being sued for allegedly causing a rear-end collision. Our dedicated DuPage County, IL car accident defense attorneys will fight to prove that the other driver is at least partially liable for causing the crash. Contact us at 630-810-8881 for a confidential consultation.