Is a rear-end accident always your fault?

The frequently asked question in regard to car accidents is whether you automatically become at fault because of being rear-ended. Straightforwardly, the answer to that is: No, a rear-ending accident is not your fault. What is important is the critical analysis of the peculiar circumstances of the collision and the peculiar factors involved. At Malman Law, we offer comprehensive support to Chicago residents by helping them through their options after a rear-ending accident.

What is a Rear-End Accident?

A rear-end collision, also commonly referred to as a rear impact or simply shunt, is an incident when one vehicle hits the rear of another vehicle that is in front of it. It is, as a fact, one of the most frequent collisions on highways these days, which might happen for sudden braking, inattention, distractions, or negligence while driving. Ranging from minor fender benders to extreme accidents with extensive damage and life-changing trauma injuries, these are in urgent need of medical treatments and rehabilitation.

What Happens

Most of the rear-end car accidents occur at red lights, stop signs, congested traffic, or highways. Busy intersections, for instance around Lake Shore Drive or on Michigan Avenue, are particularly prone to that kind of collision. In addition, a great number of such accidents take place while approaching highway on-ramps or exits when the flow of traffic suddenly slows down or drivers attempt last-minute merges into adjacent lanes.

Where They Happen

Rear-end collisions often take place at red lights, stop signs, in heavy traffic, or on highways. The busy intersections in Chicago, like those near Lake Shore Drive or on Michigan Avenue, are very prone to such types of collisions. Plus, highway on-ramps and exits, and high-traffic areas where drivers are regularly merging, making unexpected lane changes, or slamming on their brakes, are hotspots for rear-end collisions.

How They Happen

Rear-end collisions can occur in several ways, including:

• The rear driver rolls forward into the front driver’s car.
• The rear driver crashes into a stopped car.
• Both vehicles are in motion when they collide, often due to sudden braking or distracted driving.

Common Causes

Common causes of Rear-enders include:

• Distracted driving, such as texting or navigating a smartphone
• Following too close, which reduces time to react.
• Speeding, increasing stopping distances.
• Aggressive driving behaviors, including weaving in and out of traffic.
• Poor weather conditions, such as rain or snow, possibly creating slippery roads.
• Faulty brake systems or mechanical failure; 
• Driver fatigue, slowing down reaction times.
• Sudden stops, especially in heavy traffic.
• Inexperienced drivers who have not developed the skills necessary for judging distances.

What to Do

If you’re involved in a rear-end collision, here are steps you should take to safeguard your interests and your rights:

• Consult a qualified personal injury attorney. A qualified lawyer can assess the facts and argue on your behalf in the best possible manner.
• Do not admit blame early, and liability would always depend on the facts and circumstances of the accident.
• Document the scene by taking photographs of the vehicles, any damage, and any visible injuries. Get contact information from any witnesses if possible.
• See medical care. Even if you feel okay, some types of injuries may not appear until days or even weeks later.
• Review the insurer’s findings critically. Never accept an insurance company’s conclusions without a full review of evidence, applicable laws, and your options.

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When Is a Rear-End Collision Not Your Fault?

Although rear drivers are often presumed at fault, there are situations where they may not be liable. It’s important to investigate thoroughly to determine responsibility. For instance:

• Sudden stops: If the front driver stops abruptly without a valid reason, they may bear partial or full responsibility. The traffic pattern in Chicago, especially in heavy downtown areas, can be very prone to sudden stops.
• Reckless driving by the front vehicle: If the lead vehicle cuts off the rear driver or changes lanes unsafely, fault may be shifted. Aggressive maneuvers by the front driver can create unavoidable situations.
• Vehicle defects: Faulty brake lights on the lead car may cause a back driver to react with not enough time to act accordingly. Mechanical defects may sometimes be identified from a checkup.
• Chain-Reaction Multiple Vehicle accidents: Many chain-reaction collisions usually mean a shared fault from many different drivers. Say the rear-ending push of a car caused him to hit the forward vehicle, liability would technically go to the person in fault first.

How Malman Law Can Help You After a Rear-End Accident

The aftermath of a rear-end collision can be overwhelming to deal with. Malman Law offers professional legal services for victims of car accidents within the city of Chicago, including injuries, insurance claims, and determination of fault for a free consultation that explains your rights and outlines options for compensation.