When thinking about whose fault is a rear end collision, ultimately, the answer depends on what happened. Every rear end collision comes with its own set of circumstances. For instance, if you were rear-ended by a speeding driver, the fault for the accident would likely rest on them. However, suppose that you rear-ended another motorist who braked suddenly. In that situation, they could be at-fault for the accident.
If you were injured in a rear end collision, a Chicago personal injury lawyer could help you determine fault and liability. They can also help you seek compensation for your accident-related losses.
Pieces of Information That Can Determine Fault
To recover compensation following a rear end collision, your lawyer will need to present the liable insurance company with some pieces of information. A lawyer cannot simply approach the insurance company, request compensation, and expect the matter to be resolved. They must support your claim with evidence.
Some pieces of information that can determine fault for your rear end collision include:
The Accident Report
Following a collision that results in injuries, death, or property damage of more than $1,500, you are required to file an accident report, per 625 ILCS 5/11-406. The accident report will have information that could help you pursue compensation, including the time of the accident, its location, who was involved, and other important details.
Photos of Your Vehicle’s Damage
Photos of your vehicle’s damage could give your lawyer insight into various aspects of your accident. To learn more about how your collision happened, your lawyer may examine photos of your vehicle’s damage with an accident reconstruction specialist. The point of impact could give your legal team insight into the speed at which the other car was traveling.
Your Medical Records
When negotiating for a settlement, you will need to show the insurance company how seriously you were injured. Your lawyer may be able to use your medical records to do this. Not only can they show that you were injured as a result of a rear end collision, but they can also prove whether the accident worsened any of your pre-existing conditions.
Statements from other road users or bystanders could attest to certain aspects of your case. They may be able to confirm whether the other driver was speeding or conducting themselves in an unsafe manner.
These are just some pieces of information that could determine fault for a rear end collision. Other forms of evidence may include traffic camera footage, your pain journal, or a vehicle’s “black box” data.
Potential Causes of a Rear End Collision
Rear end collisions are a common type of car accident, and there are many potential causes of these kinds of accidents.
Some causes of rear end collisions include:
When a driver speeds, they give themselves less braking distance. If a driver is speeding and causes a rear end collision, they could be held financially accountable for their actions.
Tailgating is when a vehicle follows too closely to the one in front of it. Similar to speeding, this gives motorists less time to avoid accidents.
According to the National Highway Traffic Safety Administration (NHTSA), a drunk driver may exhibit poor judgment and a loss of muscle control. For example, if someone stops suddenly in front of them, their reflexes may not allow them to act appropriately.
Sometimes, angry drivers will perform something called a “brake check.” This is when they slam on their brakes, forcing the other car behind them to do the same. This is meant to inconvenience or frighten the rear driver. However, this reckless driving action can cause rear end collisions.
All motorists are responsible for regularly maintaining their vehicles. When they ignore “check engine” lights or fail to perform routine check-ups, they can increase the likelihood of causing an accident.
A Chicago personal injury lawyer can determine who is at fault in a rear end collision. To make this determination, they will need to review the evidence associated with your case.
Call The Kryder Law Group, LLC for Legal Help
A Chicago personal injury lawyer from The Kryder Law Group, LLC can help you prove your case’s required elements. We can help you pursue compensation for your pain and suffering, lost income, and healthcare expenses. Even if you were partially responsible for the collision, under Illinois’s modified comparative negligence system, you could still be eligible to seek a recovery for your losses.
You can get in touch with our law firm today by calling (312) 223-1700. We can explain your legal rights during a free, no-obligation case review.