Could I Be at Fault if Another Car Rear-Ends Me?

 Posted on December 08, 2025 in Car Accident

Rear-end accidents are common in Illinois. Many people assume that the person who hits another vehicle from behind is always to blame. They often are. However, reality is not always that simple. Fault depends on the facts of the crash, the actions of both drivers, and how state negligence laws apply. If you have questions about who may be responsible for a rear-end collision you were involved in, our experienced Mount Prospect, IL car accident lawyer can give you answers and legal guidance.

Is the Rear Driver Always at Fault for a Rear-End Crash in Illinois?

In most situations, the driver who hits another car from behind is considered at fault. Under 625 ILCS 5/11-710, motorists must not follow another vehicle closer than is reasonable and prudent for the speed and traffic conditions. Violating this law can cause a collision. These types of crashes typically happen when the driver in the back was driving too fast, was distracted, or was following too closely.

However, the law does not attribute any automatic fault for rear-end collisions. Sometimes, the lead driver’s behavior contributes to the crash. For example, if a driver suddenly brakes without cause or has malfunctioning brake lights, it becomes more complicated to determine who was responsible for the accident. Each case depends on the available evidence.

What Evidence Is Needed To Prove Fault in a Rear-End Accident?

Proving who was responsible for a rear-end collision often depends on the quality of the evidence collected after the crash. The more detailed the documentation, the easier it is to show what happened and why. Useful evidence may include:

• Police reports that describe the scene, list traffic violations, and include officer observations

• Photographs or videos of the vehicles, road conditions, and any skid marks or debris

• Dash cam or surveillance footage that shows how the collision occurred

• Witness statements from passengers or bystanders who saw the crash

• Phone and text records that reveal distracted driving

• Medical records linking your injuries to the accident

• Vehicle inspection or mechanic reports showing damage consistent with a rear-end impact

Can Both Drivers Be Liable for a Rear-End Car Accident?

In some cases, both drivers share responsibility for a rear-end collision. Maybe the front driver stopped suddenly without signaling, but the rear driver was also speeding. Each person may bear some fault for the resulting crash. Insurance companies and courts will review the available evidence to assign percentages of liability.

The amount of blame assigned to you matters because it directly affects how much you can recover in damages.

Under 735 ILCS 5/2-1116, each driver’s actions are reviewed, and fault can be divided based on percentages. Even if you are partly responsible, you may still recover damages as long as you are less than 50 percent at fault. The amount you would recover would equal the total damages minus your percentage of fault.

Schedule a Free Consultation With Our Arlington Heights, IL Car Accident Attorney

Attorney Charles Adler takes pride in protecting his clients’ rights and standing up to large insurance companies that may try to avoid paying fair settlements. His approach is built on careful preparation and a commitment to achieving the best possible results for each client.

Contact Adler Injury Law, Ltd. today at 312-236-2700 to schedule a free consultation with our Mount Prospect, IL car accident lawyer. We are ready to guide you through every step of the claims process so you can access the financial compensation you need.