Who Is Liable In An Illinois Rear-End Crash? 

 Posted on April 22, 2025 in Car Accidents

Most people assume the rear driver is at fault for a rear-end collision, but this is not always the case. Certain things a front driver does may also contribute to a rear-end collision. Illinois is a comparative negligence state. This means that fault can be divided between parties, even in cases where fault may seem relatively straightforward.

If you have been hurt in a rear-end car crash, retain a skilled Illinois accident attorney to represent your interests. Our car accident lawyers at Premier Illinois Injury Lawyers have 25 years of experience, and will determine the cause of the accident and fight to hold the at-fault party accountable for your losses.

Front Drivers May be At-Fault in Some Rear-End Accidents

Rear-end crash fault can sometimes be partially blamed on the front driver. For example: 

• Brake checking: If the front driver suddenly stops for no reason, such as if they brake-check the rear driver, the driver in front may be blamed.

• Improper vehicle maintenance: If the front driver's taillight is burned out, the rear driver may not have seen that they were stopping, which could cause a crash.

• Reckless driving: If the front driver was driving recklessly, they could be blamed for the incident. Examples include speeding, weaving in and out of traffic, or driving under the influence.

• Inclement weather: Poor weather or other hazardous driving conditions could factor in a rear-end collision, complicating an investigation.

Distracted Driving is a Leading Cause of Rear-End Accidents

Illinois traffic laws state that all drivers must exercise reasonable care to avoid crashes and injuries. Driver distraction, such as texting and driving, often leads to drivers rear-ending other motorists. If a driver is distracted for any reason and causes a crash, that driver will have violated their duty of care, making them liable for the accident for any injuries or damage the accident causes. Usually, when it comes to rear-end collisions, the driver in the back is responsible for the accident.

What if the At-Fault Insurance Company Tries to Blame You? 

Be prepared for the other driver’s car insurance company to try to blame you for an accident. Insurance companies maximize profits by collecting more premiums than they pay out in claims. The insurance adjuster on your case may argue that evidence suggests you are partially responsible for your injuries.

That is why you should always have a seasoned car accident attorney investigate the accident to represent your point of view. Your attorney will review all crash evidence, such as police reports, witness statements, and traffic camera footage, to conclusively argue who caused the rear-end collision.

Contact a Lake Zurich, IL Car Accident Lawyer 

A vehicle hitting you from behind is usually the rear driver’s fault, so you may receive compensation for your injuries, lost earnings, and pain and suffering. However, the at-fault insurance company may argue you share fault for the crash, which could reduce your compensation.

To increase your odds of getting the compensation you need, retain a seasoned Lake County, IL personal injury attorney. The car accident attorneys at Premier Illinois Injury Lawyers will investigate the accident and work to hold the correct party liable. Schedule a free legal consultation with our legal team today at 847-796-8448.