By Dan Noll on August 7th, 2024 in Articles, Car Accident
Understanding Liability in Illinois: Springfield Car Accident Lawyers Explain Who is At Fault in a Multi Car Rear End Accident
Motor vehicle accidents are one of the most common causes of unintentional injuries in the United States. Although single vehicle accidents are the most common type of traffic accident according to national statistics, roughly 51% of all motor vehicle accidents in Illinois involve multiple vehicles. Unfortunately, multiple vehicle collisions involving large trucks have increased over the years, including 13% over the last year of statistics. This includes rear end collisions where drivers are distracted, drunk, fatigued, or otherwise negligent. The Springfield car accident lawyers at the Noll Law Office know that determining who is at fault in a multi car rear end accident is important to recover compensation for damages caused by these types of crashes. This includes compensation for medical bills, lost wages, and conscious pain and suffering.
Unfortunately, multi car accidents can be difficult because fault could be based on multiple parties. Indeed, there could even be some fault attributed to the victim. Defense lawyers and their insurance adjusters will do everything in their power to ensure that victims and their families have a difficult road to recover compensation for their damages. Sometimes this is done unfairly, taking advantage of unrepresented victims – especially in multiple vehicle accidents in Illinois.
Here at the Noll Law Office, their experienced car accident lawyers in Springfield won’t let victims have their cases undervalued or denied by overreaching insurance adjusters. Nor will they take shortcuts to handling car accident cases. Rather, they will thoroughly investigate and review cases to determine who is at fault in a multi car rear end accident. To learn more about your case, call them today to schedule your free case evaluation at (217) 414-8889.
Who is Generally Liable in a Rear End Car Accident in Illinois?
Rear end traffic accidents are those where the front end of one vehicle collides with the back end of another vehicle. Generally, the vehicle who hits another vehicle from behind is going to be liable for the crash. This is both through the common law, or judge-made law also known as the decisional law, where a driver must exercise reasonable care in the use or operation of a motor vehicle. Thus, driving too close to another vehicle and colliding with another vehicle is likely to violate the common law and be negligent.
It is also because of the vehicle and traffic laws, which are made by the Legislature, which prohibit drivers from following too closely to other vehicles. Specifically, 625 ILCS 5/11-710 provides under (a) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” A driver who rear ends another vehicle is likely to have violated this statute, and therefore be at fault or negligent.
Who is At Fault in a Multi Car Rear End Accident?
Determining fault in multi car rear end accidents is complicated. Generally, all parties who were involved in the crash and may have contributed to the traffic accident should be sued as a defendant. This ensures that a victim’s rights are protected, because the failure to sue a defendant could result in a claim being time barred by the statute of limitations.
Since the common law and statutory law prohibit following too closely, generally any defendant in a multi car rear end accident that collides with another vehicle could be liable for the crash. However, if a defendant stops but is hit from behind and pushed into another vehicle, that defendant might not be liable. Thus, this is a fact-dependent inquiry that requires an experienced Springfield car accident lawyer to review.
Common Examples of Fault in Multi Car Rear End Accidents in Illinois
Due to the complexities of rear end collisions involving multiple vehicles, sometimes it helps to see examples of when liability is likely or not likely. Some of the common examples include the following:
Scenario One: Third Car Likely Solely at Fault
The lead car stops slowly and normally. A second car stops normally behind the lead car. The third car collides into the rear of the second car which pushes the second car into the lead vehicle. Here, the third car is likely solely at fault.
Note that this scenario is applicable no matter how many vehicles there may be. For instance, if there are five cars in a line and the sixth car comes in and collides with the last car, which then causes all the cars to collide with the vehicle in front of them, liability is likely to be the same.
Scenario Two: Second and Third Car Possible at Fault
The lead car stops slowly and normally. A second car stops short by slamming on the brakes but does not collide with the lead car. The third car cannot stop in time and collides with the second car, which slides into the lead car.
Here, the second car is possibly negligent for stopping short. The third car is also probably negligent for colliding with the second car. Because the second car was able to stop in time without colliding with the lead car, it is likely that the third car is mostly at fault. However, a court (judge in a bench trial or panel of jurors in a jury trial) could find the second car to be at fault. As noted above, the liability situation could be the same if there are multiple cars like in a pileup collision.
Scenario Three: All Vehicles May Have Some Fault
The lead car stops short. A second car collides with the lead vehicle. The third car collides with the second vehicle, and the impact is felt by the lead vehicle.
Here, it is likely that all vehicles may have some fault. The lead vehicle, even though the victim of this accident, could be partially at fault for stopping short. Of course, if there was a good reason like another driver running a red light or a child running into the road, it is possible that the lead driver’s conduct could be excused by the emergency doctrine. Whereas the second car and third car may still have been found to have been following too closely and not stopping in time.
Unsure Who is At Fault in a Multi Car Rear End Accident in Illinois? Call the Springfield Car Accident Lawyers at the Noll Law Office for Help
Determining who is at fault in a multi car rear end accident is complicated. This is especially true if you are seriously injured in that crash or caring for a loved one who was badly hurt. That’s why victims and their families should rely on the Noll Law Office. Their Springfield car accident lawyers are happy to offer free consultations and case evaluations for victims and their families to learn more about their rights to compensation under Illinois law. To get started, contact them today by dialing (217) 414-8889 or by contacting them today.