Rear-end collisions are among the most common types of car accidents in Illinois and throughout the country. While they may seem straightforward, determining who is at fault and recovering the compensation you deserve is not always simple, particularly when insurance companies dispute liability to minimize your payout.
The skilled personal injury attorneys at Salvi, Schostok & Pritchard P.C. have extensive experience determining fault in rear-end collisions in Illinois and fighting for the compensation our clients deserve. Read on to learn how we determine and establish liability in these cases.
Who Is at Fault in a Rear-End Collision in Illinois?
In most cases, the rear driver is responsible for a rear-end collision. Illinois law requires drivers to maintain a safe following distance and to remain attentive to the traffic ahead.
The rear driver may be liable for the accident if they were:
- Following too closely (tailgating)
- Speeding
- Distracted driving
- Driving under the influence of drugs or alcohol
- Unable to stop in time due to inattention
However, contrary to what many assume, the rear driver is not always responsible for these collisions. While they may often be at fault, there are instances in which the front driver may be liable for a rear-end accident.
The front driver may be liable for the accident if they were:
- Cutting off the rear driver
- Braking abruptly without reason
- Driving with malfunctioning or missing brake lights
- Suddenly reversing into the rear vehicle
How Does Illinois’ Comparative Negligence Law Apply to Rear-End Collisions?
Illinois follows a modified comparative negligence rule, which means that anyone less than 50% at fault for an accident may recover compensation from the other at-fault party. However, your recovery will be reduced by the percentage of fault attributed to you.
For example, if your compensation is $100,000, and you were 20 percent at fault, your recovery will be reduced by 20 percent, and you would ultimately receive $80,000.
What Evidence Helps Prove Fault After a Rear-End Accident?
Establishing Illinois rear-end crash liability requires substantial evidence. Your rear-end collision attorney may seek the following:
- Police reports
- Accident scene photos and videos
- Witness statements
- Traffic camera or dashcam footage
- Cell phone records
- Expert testimony
Contacting a lawyer as soon as possible will allow them to preserve the evidence you need to build a compelling case for maximum compensation.
How an Experienced Car Accident Attorney at Salvi, Schostok & Pritchard P.C. Can Help Prove Fault
Working with an experienced rear-end accident lawyer in Chicago can simplify the process of proving fault significantly. Our attorneys can help by:
- Investigating the Accident: We examine police reports, witness statements, photos of the accident scene, and traffic camera footage to determine how the crash occurred and who was responsible.
- Working with Experts: We utilize medical and financial experts, as well as accident reconstruction specialists, to prove that the at-fault party is responsible for the accident and show the damage they caused.
- Calculating Compensation: Part of proving fault involves showing the full extent and impact of the accident on your life and finances. We carefully analyze medical records, financial documents, pain journals, and expert testimony to calculate full compensation.
- Challenging Insurance Companies: When insurers attempt to deflect blame or downplay your injuries, we use the evidence and facts to fight to hold the at-fault party accountable.
Contact a Rear-End Collision Lawyer in Chicago Today
If you’ve suffered injuries in a rear-end collision, the team at Salvi, Schostok & Pritchard P.C. can help. We can fight to protect your rights while you focus on recovering your health. Contact us today for your free consultation.
