If you’ve been hit from behind while driving, you’re not alone. According to the National Highway Traffic Safety Administration (NHTSA), one-quarter of motor vehicle accidents in a single year were rear-end crashes. Determining fault in a rear-end collision may seem straightforward, but liability often depends on the events leading up to the impact. Understanding those details is critical to protecting your right to compensation.
At Buchanan, Williams & O’Brien, we represent injured drivers in Springfield, St. Louis, and Joplin — helping them understand their legal rights, navigate the claims process, and seek full compensation for their losses. Our approach is always client-focused, with a track record of results that reflects our commitment to securing what matters most to our clients.
Determining Fault in Rear-End Collisions
In Missouri, the rear-end collision doctrine establishes a legal presumption that the trailing driver is at fault in a rear-end crash. This is grounded in the duty to maintain a safe following distance. However, the presumption is rebuttable, meaning fault can shift if evidence shows the lead driver contributed to the accident.
In some cases, the leading driver’s actions may contribute to a rear-end collision. Examples of potentially negligent behavior include:
- Sudden or unnecessary braking
- Inoperable or missing brake lights
- Reversing without warning
- Making unsafe or abrupt lane changes
- Intentionally “brake-checking” a following driver
How Comparative Fault Affects Your Claim
Missouri uses a pure comparative fault system, which allows you to recover damages even if you were partly at fault for the accident. However, your compensation will be reduced in proportion to your share of the blame. For example, if you were 20% at fault, you could still recover 80% of your total damages.
Determining liability in rear-end collisions can be complex. While the rear driver is typically presumed to be at fault, Missouri law allows for exceptions in certain circumstances. Trust Buchanan, Williams & O’Brien, P.C., to assess the facts, establish liability, and pursue the full compensation you deserve.
What to Do After a Rear-End Accident
The moments following a rear-end collision can be disorienting and stressful. Taking the right steps immediately after the crash can help protect your legal rights:
- Call law enforcement and get a police report. This official, third-party account provides an objective record of the crash and can serve as crucial evidence when establishing fault and seeking compensation.
- Exchange insurance and contact information. Collect the full names, phone numbers, driver’s license numbers, license plate numbers, and insurance policy details from all drivers involved in the collision.
- Take photos of the scene, vehicle damage, and injuries. This visual, time-stamped evidence can help reconstruct what happened and strengthen your claim.
- Get medical attention. Even mild pain could signal a more serious injury, such as a brain injury or a TBI.
- Speak with a car accident attorney before talking to insurance companies. An experienced lawyer can help you avoid mistakes and ensure you’re treated fairly throughout the claims process.
Taking these steps can make a significant difference in protecting your health and legal rights after a crash. By acting quickly and documenting everything, you give yourself the best chance to recover physically, emotionally, and financially.
Schedule a Free Consultation
At Buchanan, Williams & O’Brien, we negotiate aggressively for a fair settlement. However, if the insurance company refuses to offer a fair amount, we’re fully prepared to litigate your case in court. If you’ve been injured in a rear-end collision in Springfield, St. Louis, or Joplin, contact our team to schedule a free consultation.