When most people are rear-ended at a stoplight, the first reaction they and eyewitnesses usually have is to blame the other driver. After all, you were at a complete stop, minding your own business, and then BAM … you’re popped from behind. The other driver should have been paying attention—and more often than not, you’d be right to think that way.
But not always, and that’s the point of this blog post. Yes, the driver in the back is usually presumed to be at fault due to their legal duty to maintain a safe following distance, stay alert, and be ready to stop when traffic slows or stops.
That said, details matter when determining fault. This includes the specific circumstances that led to the crash.
Could It Have Possibly Been Your Fault?
Our job is to educate rather than point fingers at any one driver. The reality is that we all have a duty to be safe on the roadways, whether we are driving alone on a quiet highway without a care in the world, rushing to get to work or ensure our daughter gets to ballet practice on time, or if we’re moving at a snail’s pace in rush hour traffic. It’s because of that shared responsibility for safety that we must look at every detail of what led to your accident.
After all, placing blame may not be as automatic as things appear.
What if …
- You stopped suddenly — The driver who hit you from behind should be alert. That goes without saying. But what if you slammed on your brakes in moving traffic for no reason? What if you saw the light turn red at the last second and had to stop on a dime? In either scenario, they could argue that you contributed to the crash.
- Your brake lights weren’t working — Even if you were following all traffic laws, you need to have working brake lights. Without them, anyone driving behind you won’t have a fair chance to react. As a result, liability could shift.
- Multi-car chain reactions — This is where you stop at a stop light, and so does the car behind you. But the car behind them doesn’t, and ultimately pushes them into you. The driver who started the chain reaction could bear most of the responsibility, but not all of it. These can lead to some pretty complicated liability questions.
- You reversed into the other vehicle — Yes, this is highly unlikely. But you’d be surprised what can happen on today’s roadways. This is especially true in heavy traffic or parking situations.
Understanding Modified Comparative Negligence
We mentioned this in a previous blog post, but Illinois uses a modified comparative negligence system. This means more than one person can be held responsible for the same accident, and each person is assigned a percentage of fault. That percentage matters a great deal. Under Illinois law, there is a threshold that cannot be crossed. If a person is found to be 50% or more responsible for what happened, recovery is no longer available.
On the other hand, if that person’s share of fault stays below that line, compensation may still be pursued.
The amount, however, does not remain untouched. It is reduced to reflect that individual’s role in causing the crash.
What Should You Do After Being Rear-Ended?
Regardless of the circumstances involved and who you (or the other driver) believe is at fault, it’s important to protect yourself after being rear-ended at a stoplight. Call the police and have them file a report. While they are doing that, take photos of the entire scene, including both vehicles, the damage, injuries, etc.
As with any car accident, get the other driver’s information and seek appropriate medical attention. Avoiding this key step could be construed as admitting fault or downplaying injuries.
If any issues escalate and warrant additional guidance from an attorney, we can help. An experienced firm like Keys Law Offices, PC can build the evidence, challenge unfair conclusions, and work to secure a more accurate allocation of fault.
Call Keys Law Offices Today!
When you have a legal question, you must have an attorney who has both legal and practical experience to answer it. At the Keys Law Offices, our legal and life experiences uniquely qualify us to answer your questions. We represent people in a variety of legal disputes in the areas of Auto Accidents, Criminal Law, and Personal Injury. We also understand the complex legal and regulatory issues involved in these cases and know how to investigate and litigate to ensure that our clients receive the compensation they deserve. Please do not hesitate to contact us for a free consultation.
Our staff is always available. Call us today!