What Constitutes a Rear-End Collision?
Rear-end collisions occur when a car moving forward collides with the back of the vehicle in front of it. In many of these collisions, the front vehicle has stopped.
Rear-end crashes often occur because the driver of the rear vehicle doesn’t leave enough space between themselves and the car in front of them. If the front car stops, the driver of the rear vehicle cannot brake in time to avoid a collision. Other rear-end accidents occur because the rear driver is distracted and doesn’t see the driver in front of them stop.
Getting rear-ended while stopped often results in clear-cut cases of negligence on the part of the rear driver. As such, they are generally held liable for damages.
People often think of rear-end collisions as mere “fender-benders,” but that is not always true. Injuries from rear-end collisions are serious and can include injuries such as whiplash, spinal cord injuries, and traumatic brain injuries.
Legal Rights and Options After Being Injured in a Rear-End Accident
You have legal rights if you got rear-ended and suffered injuries. Missouri is an at-fault state for car accidents, so drivers who cause crashes are liable for damages. You can file a claim against an at-fault driver’s insurance company, and if your damages exceed policy limits, your attorney may recommend filing a lawsuit.
It is not always an easy decision to sue. However, if you got in a rear-end crash that was someone else’s fault, you deserve to be made financially whole and compensated for your pain and suffering. You also deserve the sense of justice and accountability that comes with holding others responsible for their actions.
In some cases, you may also ask for punitive damages after a rear-end crash. These are reserved for instances where the other party intentionally harmed you or seriously disregarded your safety. For example, a court may award punitive damages if the at-fault driver was intoxicated and had a history of driving while impaired.
Missouri Laws on Rear-End Collisions
Missouri law dictates who is generally at fault in rear-end accidents. Some of the state’s laws are aimed at preventing these accidents. When someone violates them, they are likely to be held liable for the accident.
Fault Determination
Missouri’s rear-end doctrine presumes that the rear driver is at fault in rear-end accidents. Under this doctrine, the driver of the front vehicle does not have to allege a specific negligent act on the part of the other driver. Instead, they must show that, as the front driver, they had a right to be on that portion of the road, were struck from behind, and were not engaging in negligent driving.
Traffic Laws
Missouri law prohibits drivers from following another vehicle too closely. Drivers must keep a reasonably safe and prudent distance, considering the speed of the front vehicle and the traffic and road conditions. A driver in a rear vehicle following too closely is considered the negligent party in a rear-end collision.
Drivers in Missouri must use headlights when weather conditions require windshield wiper use. Activating the car’s headlights turns on the rear lights and makes cars more visible. If drivers fail to use their lights during bad weather, they may be responsible for a rear-end collision even if they were the front driver.
Drivers in Missouri must always operate safely. If road or weather conditions are bad, this can mean that the regular speed limit is too fast. If other cars have slowed to match the weather, you most likely should too. Obeying the regular speed limit may not be a viable defense if you cause a rear-end accident.
What if the At-Fault Driver Is Uninsured or Underinsured?
Under Mo. Ann. Stat. § 379.203, drivers must carry uninsured motorist coverage. This coverage protects you if the at-fault driver doesn’t have insurance or a hit-and-run driver hits you.
If you are in an accident with an uninsured driver, you can file a claim with your insurance company for losses if you have supplemental insurance, such as collision coverage. You can also sue the at-fault driver for damages.
Underinsured motorist coverage pays if the other driver’s insurance isn’t enough to cover your damages. While Missouri does not require underinsured motorist coverage, consider it to protect you and your family in case of a serious accident with high medical bills and other expenses.
Can I Still Recover Damages if I Was Partially at Fault?
You can recover damages even if you were partly at fault for your rear-end accident in Missouri. The state has a pure comparative negligence law, meaning you can recover as long as you are not 100 percent responsible for your crash. However, the amount of fault you hold reduces your compensation proportionately. For example, if you have $1 million in damages and were 30 percent responsible for your crash, you can collect $700,000.
Because Missouri is an at-fault insurance state and relies on comparative negligence, the defendant’s insurance company may try to blame you for the accident even if you were the front driver. Our skilled attorneys know how to deal with insurance companies and can counter wrongful accusations of fault.
How Long Do I Have to File a Claim or Lawsuit?
Under the Missouri car accident statute of limitations, you typically have five years from the accident date to file a lawsuit against the at-fault driver. However, if you are filing a wrongful death claim because your loved one died in a rear-end accident, you must file your claim within three years of your loved one’s passing. A judge will likely dismiss your case if you fail to file your claim on time.
Call our skilled rear-end accident lawyers now so you don’t miss your chance to collect compensation. Partnering with an attorney quickly gives your legal team time to thoroughly investigate your case, determine liability, calculate the full value of your damages, and build the strongest case possible on your behalf.
Contact Brown & Crouppen After a Rear-End Accident
You likely have a strong case if you were rear-ended while stopped in Missouri, and an experienced attorney can help you pursue all potential avenues of compensation. At Brown & Crouppen, our rear-end car accident attorneys have a long history of successfully negotiating with insurance companies and winning cases that make it to trial.
We’ve been recognized as the Best Law Firm in St. Louis by the St. Louis Post-Dispatch and Winningest Plaintiff Attorneys by Missouri Lawyers Media. We’ve helped thousands of clients, winning over $1 billion in compensation on their behalf.
You are never just a file number at Brown & Crouppen. If you or a loved one were hurt in a rear-end collision in St. Louis, Kansas City, or anywhere else in Missouri, contact us online or call (800) 536-4357 to schedule a free case review.
