Rear-end collisions can be more legally complicated than you expect because liability may shift to the front driver or be shared between the two involved drivers. Liability may shift or be shared when the front driver stops suddenly, drives recklessly, or encounters a mechanical issue. Knowing the circumstances in which the rear driver isn’t at fault can help you document the accident scene objectively. This is especially true if you were the lead driver in the collision and suspect you could be partially liable.
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Do you need a lawyer if you are in a car accident? A seasoned car accident lawyer can investigate the collision and discuss your rights and options. The lawyer can also compile sufficient evidence to back your claim and pursue the highest possible compensation on your behalf. So, be sure to involve a lawyer with a track record of resolving similar cases immediately after you get into a rear-end collision.
At Ankin Law, we take pride in providing quality, personalized legal representation in accident claims. Call us at 312-600-0000 to learn more about how our seasoned rear-end accident lawyers can help you.
When the Rear Driver Isn’t at Fault in a Crash
Rear-end collisions caused 13,987 injury crashes in Illinois in 2023. It is often assumed that the rear driver is at fault in such crashes for failing to keep a safe driving distance. However, situations can arise where liability shifts to the lead driver, such as when:
- The driver in front stops abruptly without alerting the rear driver
- The rear-ended vehicle has no functional brake lights
- The rear-end collision occurs as a result of the lead driver’s attempt to reverse
- The lead vehicle slows down to take a turn but doesn’t maneuver the bend in time, resulting in a rear-end accident
- The lead vehicle gets a flat tire, but the driver fails to pull over to the curb or deploy hazard lights
Evidence That Can Complicate Rear-End Collision Claims
Strong and compelling evidence is essential in proving negligence in rear-end collision claims. Some evidence can, however, complicate these claims.
Police Reports
A Police report forms the foundation upon which the case is built. It details crucial facts about the claim, including statements from the involved parties, accident-scene pictures, and traffic violations cited by the responding officers. If the rear driver was purportedly tailgating, that can provide strong evidence of negligence.
Things might get complicated if there are discrepancies between the claimant’s statement in the police report and the facts obtained by your attorney. These inconsistencies often result in fault disputes in rear-end collisions.
Collision Scene Photographs and Videos
Accident-scene images and videos can also introduce liability disputes. For example, images of skid marks made by the rear vehicle may show that the driver attempted to brake. The rear driver could claim that he or she couldn’t avoid the crash because the front driver stopped abruptly.
Video surveillance obtained from nearby properties may justify a sudden stop. For example, surveillance footage might capture another motorcyclist suddenly cutting in the lane of the alleged at-fault party. In such a case, the driver’s decision to brake was justified despite causing the rear-end collision. The lead driver acted reasonably to prevent hitting the motorcyclist. Such evidence can jeopardize your case if you are the trailing driver.
Witness Accounts
Witness statements are other pieces of evidence that can twist the circumstances of a collision claim. Witnesses are third parties who can corroborate your account of the accident. They can provide impartial and unbiased accounts of the moments leading to the accident. For example, a witness may have observed the rear driver swerving and stopping without warning. Such testimony can hurt your claim if you were the rear driver.
Why You Should Talk to a Rear-End Accident Lawyer Early
Rear-end accident claims aren’t always straightforward. The trailing driver may not be liable for the crash. Furthermore, the evidence can shift the legal dynamics. An experienced car accident lawyer can help you navigate the legal obstacles and get fair compensation. A lawyer can benefit your case by:
Collecting and Preserving Evidence
Proving fault in a rear-end collision requires claimants to present strong evidence. Hiring a lawyer early ensures the collection of fresh evidence that can strengthen your claim. Evidence, such as skid marks and surveillance footage, may be lost if time is wasted. Your lawyer will draft and send evidence preservation letters to the relevant authorities. That ensures you have all the necessary facts and evidence to prepare a strong claim.
Countering Insurers’ Predatory Tactics
Insurance companies don’t have your interests at heart. They operate for profit. They may exploit your limited legal knowledge to trick you into accepting an unreasonable settlement. Fortunately, a rear-end accident lawyer can ensure insurance companies treat you fairly and respect your rights. The lawyer will guide you on what to say when insurers contact you.
Filing a Timely Claim
Illinois’ statute of limitations gives car accident victims two years from the date of the accident to file a claim. The paperwork and filing process can overwhelm you, especially when juggling between getting medical attention for your injuries and pursuing compensation. A lawyer can ease the burden by taking on your case, preparing all the documents, and filing them on time.
Settled claims hardly get reopened. Claimants mostly appeal the outcomes. Certain circumstances can, however, justify reopening a case. They include unfulfilled terms, evidence of coercion or fraud, and discovery of new evidence. Only the court that heard and determined your case has the discretion to reopen the case.
Rear-end accident lawyers at Ankin Law are ready to represent you in Chicago, Illinois. Contact us today for a free case review. You will pay only if we obtain compensation for you.
