Rear-end accidents are among the most common types of car crashes in Illinois and throughout the country. While liability may seem like it should be relatively straightforward in cases like these, it can quickly become complicated depending on the specific circumstances of the crash.
Understanding Illinois rear-end collision fault laws, insurance rules, and the legal assistance available to you after an accident is essential to protecting your rights and recovering the compensation you deserve.
Who Is Usually at Fault in a Rear-End Accident in Illinois?
In most cases, the driver in the rear is presumed at fault. Illinois traffic laws require drivers to maintain a safe following distance and remain alert to changing traffic flow. If the rear driver fails to stop in time when the driver ahead of them brakes, courts and insurers often find them liable.
However, fault is not a given. Every accident has unique circumstances, and liability depends on those circumstances. That’s why it’s crucial to work with an experienced rear-end accident lawyer in Chicago.
Does the Rear Driver Always Have to Pay for Damages?
Who pays for damages in a rear-end accident in Illinois? Contrary to popular belief, it’s not always the rear driver. Our state follows a modified comparative negligence rule. This means that liability can be shared, and anyone less than 50 percent at fault can potentially recover rear-end accident compensation; however, their award will be reduced by their percentage of fault.
When Can the Front Driver Be at Fault in a Rear-End Collision?
In some instances, the front driver may be found partially or even fully at fault for a rear-end accident. Some examples include when the lead driver:
- Stops suddenly without reason
- Drives with non-functioning brake lights
- Reverses into the car behind them
- Cuts off another vehicle abruptly
If the front driver’s actions created a hazardous situation that the rear driver could not avoid, they may share responsibility for the crash. A skilled car accident lawyer can gather evidence and build a compelling case to prove the other driver’s liability.
Will Insurance Cover Damages in a Rear-End Collision?
Illinois law requires drivers to carry minimum liability insurance, which typically covers medical bills, lost wages, and property damage for the other driver they harmed through their negligence. If the at-fault driver’s insurance policy doesn’t cover all the damages, victims may turn to their own uninsured/underinsured motorist coverage to make up the difference.
However, insurance companies often try to minimize payouts by arguing that your injuries are less severe than you claim or that you were partly responsible for the accident. Strong legal representation can help counter these claims and seek full compensation on your behalf.
Contact an Experienced Read-End Accident Lawyer in Chicago, IL
If you’ve suffered injuries in a rear-end collision, you need an experienced personal injury attorney to protect your rights. The legal team at Salvi, Schostok & Pritchard P.C. can investigate the accident, determine what caused it and who may be responsible, and fight for maximum compensation on your behalf. Contact us today for your free consultation.
