Proving Distracted Driving in High-Speed Rear-End Collisions

 Posted on September 21, 2025 in Car Accidents

Rear-end collisions are very common, but their commonality does not reduce their seriousness. When they happen on freeways at high speeds, rear-end crashes can be devastating. Victims in both vehicles can suffer severe injuries with long-term consequences.

When these car accidents happen because a driver is distracted — for example, if a driver is texting or looking down at a phone’s GPS at the time of the collision — victims may be able to sue for compensation. These cases demand careful investigation and strong proof.

At Mannarino & Brasfield, A Division of Schwartz Jambois, our Rockford, IL car accident attorney has secured millions of dollars in verdicts and settlements for clients injured in serious crashes. With free consultations and contingency billing, clients owe us nothing unless we win their cases. For families facing life-changing injuries or wrongful death, we have the resources and strategies to hold distracted drivers accountable.

Proving a Driver Who Rear-Ended You Was Distracted

In Illinois, "establishing liability" in a car crash case means showing that the other driver acted negligently and caused the crash. Distracted driving is a form of negligence. However, drivers do not often simply admit that they were driving distracted. Insurance companies and defense attorneys might try to argue that the crash was unavoidable. They may say that traffic patterns changed suddenly, or that the victim contributed to the crash.

Without solid proof, the case can turn into a battle of different narratives. With strong evidence, however, juries and judges can see which driver was at fault for a crash.

Investigating Rear-End Accidents at the Crash Scene

When a rear-end crash happens at high speeds, emergency workers focus first on safety. Once people are removed from the situation and getting medical care, police begin clearing the road. Already, the investigative window begins to close. Skid marks fade, traffic patterns change, and witnesses forget.

This is why a strong distracted driving case starts with immediate work at the scene. Our team moves quickly to:

• Photograph skid marks, vehicle debris, and impact points.

• Document road conditions, signs, and traffic signals.

• Collect contact information from witnesses.

• Request 911 call recordings, which may contain statements about the driver’s behavior right before or after the crash.

For example, a bystander who calls the police may tell dispatchers she saw the driver "looking at his phone" seconds before the crash. Likewise, someone might overhear a driver apologizing for talking on the phone instead of paying closer attention to what was happening on the road. That real-time report can become a key piece of evidence.

Using Cell Phone and Other Electronic Records as Evidence

The most direct way to prove distraction is usually through cell phone data. In Illinois, courts can make drivers and cellphone carriers show records of texts or calls at the time of a crash. They can even show whether apps were being used.

Attorneys typically issue a letter immediately that tells cellphone service carriers that data must not be destroyed. Next comes a subpoena for records. These logs can be matched against the crash timeline. For example, a text sent at 3:14 p.m. can be compared with a police report stating the collision occurred at exactly the same time.

In some cases, forensic experts can look at the driver’s actual phone to see whether a specific app was being used. This process requires precise legal steps. When successful, it can provide solid proof of distraction.

Vehicle Data and Event Recorders in Car Crash Cases

Modern vehicles often contain electronic control modules, commonly called "black boxes." These record information such as speed, brake use, and gas pedal position in the seconds before impact.

In a high-speed rear-end collision, black box data might show that the driver never applied the brakes. This is one piece of evidence that suggests their eyes were off the road. Combined with cell phone records, this can create the proof a victim needs that the driver was distracted and made no attempt to avoid the crash.

Witness Testimony and Accident Reconstruction

While electronic data is powerful, human testimony is just as important. Passengers, other drivers, or pedestrians sometimes see distracted drivers looking down or holding a phone. These accounts can be recorded through statements or depositions.

Accident reconstruction experts then analyze all available evidence to model how the crash happened. These experts prepare timelines and visual animations that show the exact moment that the disaster occurred.

For example, in a rear-end crash on I-90 near Rockford, reconstruction might show that the at-fault driver had seven full seconds to react. If he never touched the brakes, and his phone showed he was writing a text, this could be the evidence that seals the deal and helps you receive maximum compensation.

Moving Beyond Liability and Showing Damages

Proving liability is only part of the case. Victims must also show the extent of their damages. In high-speed crashes, injuries are usually very serious. Medical records, imaging scans, and doctors’ testimony can show the extent of these injuries.

But a full case also requires projections of the accident’s long-term effects. Many crash victims require ongoing surgeries or rehab. They may be unable to return to work and lose wages as a result, both currently and well into the future. They often experience trauma or PTSD, and deal with chronic pain.

Judges expect thorough documentation that links the defendant’s distraction directly to the victim’s financial and personal losses. A good attorney can make a convincing case that a victim’s losses are a direct result of a crash.

Insurance companies try to delay or deny their clients’ responsibility for an accident, hoping victims will settle quickly. Our firm builds cases with the assumption they may go to trial, ensuring that every step strengthens the client’s position. This means we take gathering evidence seriously in every case, always linking that evidence to injuries.

Contact a Rockford, IL Rear-End Collision Lawyer

If you or a loved one has been seriously injured in a high-speed rear-end collision, proving what happened is the first step towards getting compensation. At Mannarino & Brasfield, A Division of Schwartz Jambois, our Winnebago County, IL car accident attorney has recovered millions of dollars for victims of catastrophic crashes. We offer free consultations and work on a contingency basis, which means you pay nothing unless we win. Call 815-215-7561 today to discuss your case for free and learn how we can help.