There is a pervasive myth that a driver who hits another car from behind is automatically liable. The police officer who comes to take a report may even assume you are liable if you rear-ended another vehicle. However, in Illinois, liability is not automatic in rear-end collision cases. This myth likely comes from the fact that drivers are legally obligated to use a safe following distance and are generally liable if they caused an accident by failing to do so. However, not all rear-end collisions are caused by the driver in the back failing to follow at an appropriate distance. There are cases where the driver in front was substantially at fault for causing the car accident. If you are being sued after rear-ending another vehicle, a DuPage County, IL car accident defense lawyer can help you fight back.
Negligence Per Se and Rear-End Collisions
In car accident law, there is a concept called negligence per se. It means that when a driver is breaking a law designed to keep people safe and causes the kind of injuries that law was meant to present, the driver is automatically deemed negligent. In the context of rear-end collisions, the safety law at issue is usually the law that requires drivers to use a safe following distance. The law is designed to prevent people from getting hurt in a rear-end collision. If a driver was following too closely and rear-ends someone, causing injury, his negligence is presumed.