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Liability in Rear-End Collisions

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

After a rear-end auto accident, blame often shifts immediately to the driver in back who collided with the car in front. However, always assuming that the driver in back was at-fault may result in a legal claim filed against the wrong party. These situations must be closely examined to determine where negligence truly lies.

Here are some common examples of potential negligence on behalf of the rear driver in a rear-end collision:

  • Distracted driving, including visual distractions such as reading, texting, personal grooming, or reaching for a fallen item or into the backseat.
  • Aggressive driving behaviors, such as cutting-off, speeding, and tailgating.
  • Intoxicated driving, which can cause drivers to misjudge their speed, distance from another vehicle, and necessary reaction-time to slow down and avoid hitting a vehicle from behind.
  • Fatigued driving, which can cause drivers to lose concentration, become distracted, and even fall asleep at the wheel, which can have devastating consequences.

In some rear-end collisions, the driver in front is at-fault for the accident rather than the driver in back. Here are some examples of front-driver negligence:

  • Distraction which causes the driver to unreasonably slam on his/her brakes, forcing a rear-end collision from behind.
  • Aggressive driving behaviors which do not allow following cars enough time to stop, such as frequent or unnecessary weaving and lane-changing.
  • Failure to repair faulty brake lights or tail lights, the lack of which does not inform following drivers when the vehicle is slowing or stopping.
  • Failure to merge properly on a highway or at an intersection.

In rare cases, a third party may be guilty of negligence and the resulting injuries in a rear-end collision. These can include:

  • Auto manufacturers who produce and sell defective auto parts, such as when break failures or unreasonable tire-blowouts can cause a loss of control and resulting rear-end collision.
  • Government entities which fail to repair or maintain roadways, which may contribute to accidents via potholes, uneven payment, or substantial cracks.
  • Cars in the middle of the road which are broken-down or stopped due to an accident; as obstructions which are not moved, they may cause chain-reactions and resulting pileups involving multiple vehicles.

Fault and liability are not always obvious after traffic collisions, even rear-end collisions. If you or a loved one has been injured in an car accident, contact 844 See Mike, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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