Rear-Ended in Chicago? Five Reasons You Still Need a Lawyer for Your Claim

Rear-end car accidents may seem straightforward. The driver behind you hits your car, so they are at fault, right? While this is often true, liability can become complicated when other factors are involved, such as mechanical issues, traffic conditions, and sometimes even scams.

At Cooney & Conway, our Chicago car accident attorneys help victims injured by the negligence of others every day—something we have been doing for decades. We understand the many ways a case can go wrong, the unexpected challenges that arise, and the legal strategies needed to dispute each issue to ensure the maximum possible outcome for our clients.

Not sure if you have a case after a rear-end crash? Many accident victims are unsure of their legal rights after being involved in a car accident in Chicago, but you can find out at no cost or risk to you. We offer a free case review to learn more about your situation, answer any questions you may have, and determine what legal options might be available to you.

Call our office today to request your FREE case review: (800) 322-5573.

Who May Be Liable for a Rear-End Car Accident in Chicago?

The driver who hits a vehicle they are following is usually considered the at fault party in a rear-end collision. When you get rear-ended, it is often because the driver in back of you failed to stop due to some type of negligence, such as:

• Texting, taking videos, or some other type of distracted driving
• Following too closely
• Speeding or driving too fast
• Failing to maintain their vehicle’s braking system
• Driving while fatigued/nodding off at the wheel
• Driving while impaired by alcohol, drugs, or medications

Is the Driver in Back Always Liable for a Rear-End Collision?

Although the driver who rear-ends a vehicle is most often at fault, or at least the primary liable party, the law can never presume any party is automatically liable. No matter obvious or straightforward fault for a collision might initially seem, crash investigators are legally obligated to analyze all contributing factors when determining fault.

Other Parties Who May Share Fault for a Rear-End Collision

Illinois law recognizes that multiple parties may share responsibility for a rear-end car accident in Chicago. These parties may also be liable for a car accident.

• The Lead Driver: A driver who gets rear-ended may share fault if their actions contributed to the collision in some way. Some examples include sudden, unnecessary braking for no reason, failing to signal lane changes or turns, or reversing unexpectedly in traffic. Broken taillights or brake lights would be another reason a lead driver could share liability for a rear-end crash. This is especially true if that driver knew or should have known their vehicle lights needed servicing.
• Third-Party Drivers: If another driver cuts off the trailing vehicle, it could cause the driver in the front to brake suddenly. Someone could also cause a chain reaction accident.
• Vehicle Manufacturers: Defective auto parts can transform a minor incident into a serious collision. For example, a braking system that fails due to design or manufacturing defects could lead to an accident.
• Government Entities: Poor road design or missing traffic control devices can contribute to rear-end accidents. Government liability may arise from poorly designed intersections.
• Employers and Fleet Operators: When the at-fault driver was working at the time of the accident, employers may share fault.
• Rideshare Companies: Liability depends on the driver’s status, which can be difficult to determine, as it is unclear which insurance policies cover damages. Both companies and drivers may share liability.

What If I Was Rear-Ended While Stopped at a Red Light?

In the overwhelming majority of cases, the rear-ending driver is at fault if they strike a vehicle that is already legally stopped at a red light. This may be considered a clear-cut rear-end collision where the driver approaching the stopped vehicle was distracted or failed to maintain proper distance and speed.

That said, there are rare exceptions where fault can shift. For instance, if the stopped vehicle had non-functioning brake lights or was stopped in an unexpected location (like blocking traffic in a through lane). Sometimes there might be extenuating circumstances, like a sudden mechanical failure that caused the rear vehicle to lose control. These types of situations are exceptions, and not the norm.

Can I Sue a Company in Illinois if One of Their Employees Rear-Ended Me?

In Illinois, you may be eligible to sue both the company AND the employee thanks to a legal doctrine called, respondeat superior. If the employee who caused your accident was driving in the scope of doing their job, their employer may automatically be liable for the damages. This is true even if the employer did not do anything wrong or directly contribute to the crash in any way.

Employers may be liable for other reasons as well, such as:

• Failure to implement policies that encourage safe driving
• Poor maintenance of company vehicles, potentially increasing crash risks due to mechanical issues
• Inadequate training in vehicle operation, safety procedures, or defensive driving techniques
• Failure to supervise employees with known driving problems or continuous safety violations
• Negligent hiring of drivers with poor records, suspended licenses, or unsafe driving histories

What If Poor Vehicle Maintenance Caused My Chicago Rear-End Collision?

When mechanical issues contribute to any type of collision, it is often the vehicle owner who is liable for failing to maintain their vehicle. However, liability may also extend to maintenance providers, fleet operators, and corporate employers. Common maintenance-related failures that could lead to rear-end crashes are tire neglect, suspension failures, or electronic system malfunctions.

Immediate vehicle preservation is needed, along with an expert mechanical analysis and a detailed investigation of the vehicle’s maintenance records.

Five Reasons You Should Still Call a Lawyer After a Rear-End Crash

Insurance companies have teams of lawyers, adjusters, and experts working to minimize every claim – even when their insured driver is clearly at fault. If you are the victim, attempting to negotiate fair compensation against these seasoned professionals is a bit like bringing a knife to a gunfight. It’s hard to win, and if you do, you won’t get the full value of your claim.

This is not an insult to any victim, it’s just a fundamental imbalance of power and expertise. So what seems like an “obvious” case to a victim is actually a complex legal and medical maze that insurance companies are well-versed at navigating to their advantage.

Here are five important ways our seasoned car accident lawyers can upset that balance of power to your advantage:

Linking Your Injuries to the Accident That Caused Them

Insurance companies frequently challenge the connection between rear-end collisions and injury claims, especially if the victim did not seek medical care right away. This mistake, commonly made by victims, gives insurers room to argue that your symptoms could have happened somewhere else or that they were caused by pre-existing conditions.

Experienced lawyers work with medical experts to establish clear causation links through these detailed documentation:

• Medical Records: This type of document may include emergency room reports. Diagnostic imaging and treatment records show that your injuries came from the impact of a rear-end car crash.
• Expert Medical Testimony: Physicians who can explain how rear-end collision forces cause specific injuries like whiplash, herniated discs, or traumatic brain injuries.
• Timeline Documentation: Documents that show your health status before the accident and symptoms immediately afterwards may debunk insurance companies’ pre-existing medical condition claims.
• Biomechanical Evidence: An accident reconstructionist may demonstrate how the impact created specific injuries you sustained.

Investigating All Parties Who May Have Contributed to Your Crash

If you decide to work with a lawyer, they can investigate beyond assumptions to identify all liable parties. They may be able to identify contributing factors that insurance companies may overlook or minimize.

Insurance companies may not take the time to investigate a possibly liable third party who may have cut off a driver and caused a crash. Lawyers also examine whether road design, construction zones, or malfunctioning traffic signals contributed to the accident.

Investigating the Crash Scene and Preserving Evidence

A lawyer can preserve key evidence that can strengthen your case that you may not have access to. They can secure photographs of vehicle positions, skid marks, debris patterns, and traffic control devices. before cleanup crews remove evidence.

Attorneys also work with accident reconstruction experts who can analyze:

• Tire marks: No tire marks may mean the driver in back didn’t even try to stop, which usually is because of some type of negligence, like being distracted or impaired.
• Vehicle damage: The amount of vehicle damage tells accident reconstruction specialists a lot about how fast the driver in back was going. More damage means the driver was going too fast to stop in time and also likely following too closely.
• Damage impact angles: Impact angles in rear-end collisions reveal critical details about the moments before crash. Vehicle damage showing a straight-on impact suggests the driver in back rear-ended the other vehicle in a typical “following-too-closely” scenario, Angled impacts (15+ degrees), however, often indicate lane changes, evasive maneuvers, or driver impairment/distraction.

Accurately Calculate the Full Value of Your Claim

Insurance companies routinely undervalue rear-end collision claims. They may primarily focus on the immediate costs while overlooking long-term injuries and the full extent of the damage. Their purpose is to pay out as little as possible while maintaining and increasing their bottom line.

When you hire our legal team in Chicago, we have the resources, staff, and expertise to assess and calculate the full value of your claim. This includes:

• Calculating the Full Extent of your Damages: We calculate all medical bills related to your car crash, future treatment costs, lost wages, diminished earning capacity, and much more. We also include non-economic damages, like pain and suffering, that insurance adjusters often minimize.
• Hidden Injury Identification: An attorney can identify hidden injuries that may raise your claim’s value. Issues like herniated discs, brain injuries, or chronic pain often appear later and may need long-term care.
• Economic Impact Analysis: Your attorney will need to calculate how injuries affect your career advancement, job performance, and lifetime earning potential beyond simple wage replacement.

Negotiate a Fair Settlement With the Insurance Company

Insurance companies employ trained adjusters and claims specialists whose primary goal is minimizing payouts, making experienced legal representation essential for fair settlement negotiations. When you work with a skilled lawyer, they can:

• Negotiate or file litigation to maximize leverage and recovery potential if it is necessary
• Help you avoid recording statements and communication that insurance companies use to reduce your claim or shift blame
• Counter insurance company strategies like quick settlement offers, claim delays, and disputes over medical necessity or treatment costs

Contact Cooney & Conway for Help With Your Claim After a Chicago Car Accident

Even if liability seems obvious after a rear-end collision, securing compensation may get complex.

At Cooney & Conway, we are ready to help you seek the full and fair compensation you deserve after being injured by the negligence of another driver. Our experienced legal team is knowledgeable and deeply committed to helping our clients hold at-fault parties financially accountable for your damages.

Worried about the cost of hiring a lawyer? Don’t be – there are no upfront costs or fees to pay when you hire our firm. We only get paid if you do.

Speak to one of our attorneys today: (800) 322-5573