Who Is At Fault for Head-On and Rear-End Collisions?

 Posted on December 30, 2025 in Car Accidents

Fault in head-on and rear-end collisions depends on how the crash happened and which driver violated traffic rules. In many cases, fault seems obvious at first. In others, insurance companies dispute responsibility based on speed, road conditions, or driver behavior. Understanding how fault is decided matters because it affects insurance claims and injury compensation. If you were hurt in one of these crashes, our Bloomington, IL car accident lawyers can help explain how fault may be assigned in your case.

How Is Fault Determined After a Car Accident in Illinois?

Illinois uses a fault-based system for car accidents. This means the driver who caused the crash is responsible for the damages. Insurance companies determine fault by reviewing evidence such as police reports, witness statements, vehicle damage, and traffic laws.

For example, 625 ILCS 5/11-601(a) addresses general speed restrictions. When a driver violates those rules and causes a crash, that violation often serves as the basis for fault. Insurance companies and courts look at the full set of facts, not just where the damage appears.

Who Is Usually at Fault in Head-On Collisions in Illinois?

Head-on collisions are among the most dangerous types of crashes. They often cause serious injuries because the impact happens at full force. In many cases, these accidents occur when a driver drifts or turns into oncoming traffic.

Some common reasons that these happen include:

• Driving the wrong way on a one-way road

• Crossing the center line or median

• Falling asleep or driving while distracted

• Passing another vehicle in a no-passing zone

Under 625 ILCS 5/11-701, crossing into oncoming lanes without a legal reason can support a finding of fault. In some cases, road design or poor visibility may also be reviewed, but driver error is the most common cause.

Who Is Usually at Fault in Rear-End Collisions?

Rear-end collisions are common and often happen in traffic or at intersections, typically as the result of tailgating. Under 625 ILCS 5/11-710, a driver must not follow another vehicle more closely than is reasonable and safe. In most cases, the driver who rear-ends another vehicle is found at fault.

However, that’s not an automatic finding. Fault may be shared or shifted if the lead driver stopped suddenly without reason, had broken brake lights, or reversed unexpectedly.

What Happens if Both Drivers Are To Blame for a Car Accident in Illinois?

Illinois follows a modified comparative fault rule. This means more than one driver can share responsibility for a crash. Under 735 ILCS 5/2-1116, an injured person can recover damages as long as they are less than 50 percent at fault. Any recovery is reduced by their percentage of fault. For example, if a driver is found 20 percent responsible, their compensation is reduced by 20 percent. Shared fault often comes up when both drivers made mistakes, for example if one was speeding and the other was driving while distracted.

What Evidence Matters Most in Fault Disputes?

Fault decisions rely on evidence. Strong evidence can make a difference when insurance companies disagree.

Common examples used in head-on and rear-end collision cases include:

• Police crash reports and citations

• Photos of vehicle damage and the accident scene

• Witness statements or video footage

• Vehicle data or expert accident reconstruction

Documenting the scene early can make a real difference. Small details are easy to miss and can disappear quickly if they are not preserved.

Schedule a Free Consultation With Our Champaign, IL Car Accident Attorneys

Kanoski Bresney brings over 100 years of combined experience to car accident cases. Attorney Todd Bresney also has a unique background, having previously worked at the Federal Trade Commission and the State’s Attorney’s Office for Cook County. That experience helps when cases involve detailed investigations and aggressive insurance defenses.

If you were injured in a head-on or rear-end collision and have questions about fault, call 888-826-8682 to schedule a free consultation with our Bloomington, IL car accident lawyers today.