Can a Front Driver Be Liable for a Rear-End Accident in Illinois?

 Posted on August 22, 2025 in Car Accidents

The myth that rear-end car accidents are always the fault of the driver in the back is widespread. However, a front driver can share blame or even be primarily responsible, depending on how the crash happened. If you were involved in a rear-end crash, speaking with a Chicago, IL auto accident attorney can help you understand your role in the accident and protect your right to compensation.

Understanding Fault for Rear-End Accidents in Illinois

Illinois applies general negligence rules to rear-end collision cases. Every driver must use reasonable care and follow traffic laws. The Illinois Vehicle Code prohibits following too closely, under 625 ILCS 5/11-710, and requires safe speed and control, under 625 ILCS 5/11-601. When someone violates a safety rule and that violation contributes to a crash, a court or insurer may assign fault to that driver. Liability depends on conduct, not vehicle position. 

Proving fault requires solid evidence. Useful evidence in a car accident case includes dashcam video footage, event data recorder downloads, photographs of the scene, and repair invoices. Sometimes, expert analysis of stopping distance and lighting is necessary to get the full picture. Additionally, independent witness statements can confirm whether the front vehicle was doing anything that could have caused or contributed to the crash. 

What Are the Most Common Causes of Rear-End Accidents in Illinois?

Rear-end collisions often involve careless conduct by one or both drivers. Common causes where either party could be at fault include:

• Sudden and unnecessary braking in fast traffic

• Cutting in front of a vehicle without leaving room to stop

• Failing to signal before turning or changing lanes

• Distracted driving, such as looking at a phone

• Speeding or driving too fast for the weather or road conditions

• Faulty brake lights or poor vehicle maintenance

• Tailgating in stop-and-go traffic

• Stopping to pick up a passenger in a live lane

• Reversing unexpectedly from a driveway or parking space

Every accident has some unique circumstances, and establishing fault for a personal injury claim starts with hiring an experienced attorney to investigate.

Can Both Parties Be Responsible for a Rear-End Collision in Illinois?

Illinois uses modified comparative negligence, outlined in 735 ILCS 5/2-1116, to handle car accident cases where both parties are liable. According to this rule, you cannot be more than 50 percent at fault to be eligible for damages. If you are eligible, the available compensation will be reduced by an amount equal to your percentage of responsibility.

For example, if you were hit from behind by a speeding driver, but your brake lights were out, you would both be at fault. In another scenario, suppose you merged at a low speed and immediately hit the brakes, while the rear driver was following too closely. In both situations, both parties are liable. The key is to evaluate conduct carefully rather than assuming the rear car is always responsible.

Contact a Chicago, IL Car Accident Attorney for a Free Consultation

After a rear-end crash, an experienced attorney at Winters Salzetta O'Brien & Richardson, LLC can help you understand your legal options for recovering compensation. Our firm’s attorneys have received numerous awards from respected organizations, including the Society of Trial Lawyers, Super Lawyers, Leading Lawyers, and the American Board of Trial Advocates. We bring diverse backgrounds and a unique, client-focused approach to practicing law that drives effective strategies and clear communication. Call 312-236-6324 to contact one of our Chicago, IL car accident lawyers today.