Who is Liable in a Rear-end Accident?

Published on January 17th, 2020

Fender benders, also referred to as a rear-end accident in some situations, are one of the most common types of car accidents. It can happen when the road conditions aren’t ideal or because of the carelessness of another driver on the road. Regardless of how careful you are on the road, you are at risk of getting into an accident with another driver. In the case of a fender bender, who is held responsible? Here’s what you need to know from our personal injury lawyer in Mokena

Rear-End Liability in Illinois

Did you know that rear-end crashes are the most common type of accident in the state of Illinois? These accidents account for roughly 29 percent of all collisions, and there are roughly 80,000 types of these collisions in Illinois every year. If you’re involved in one of these types of accidents, it’s important that you contact our team so that we can determine the steps to move forward. 


There are a wide variety of causes that could ultimately lead to a rear-end accident. Common driving behaviors that may lead to this accident include:

  • Following a car too closely: If you are tailgating a car and they suddenly stop, there isn’t enough time for you to stop without hitting them. Make sure that you can see underneath the car in front of you as a general rule of thumb. 
  • Speeding: Driving too fast could result in rear-ending a car on accident, as speeding reduces the amount of time necessary to stop your car safely. 
  • Distracted driving: Drivers who are on their cell phones, eating, listening to loud music or simply not paying attention to the road in front of them may end up in this type of accident. 

Who Is At Fault?

According to Illinois law, there is a presumption that whoever hit you from behind is at fault for causing the crash. However, the other drivers involved in the accident can provide evidence if other factors or people need to be considered as suspects in causing the crash as well. 

Understanding what steps to take on your own can be confusing and overwhelming. Our personal injury lawyer in Mokena is a phone call away and is happy to help!

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