When someone says they were involved in a rear-end collision, you probably envision a minor fender-bender where no one got hurt and there was negligible damage to the car. However, because the impact of these rear-end crashes doesn’t always happen at a low speed, it can result in serious and sometimes catastrophic injuries. It’s possible for these types of collisions to be violent due to the speed of the vehicles involved, their size, and whether the car hit is pushed into other vehicles or objects.
Our skilled Kansas City collision lawyers at Peterson & Associates, P.C. understand that any kind of car accident can be life-changing, and rear-end crashes are no exception. Our team discusses how to determine fault for this type of collision and how we can help you obtain fair compensation for your personal injury claim.
Rear-End Collisions: Common Causes
According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for nearly 30% of all crashes in the U.S. These crashes are generally caused by distraction—the driver was texting or looking at objects on the side of the road. Whenever a driver’s attention isn’t on the road, it’s considered distracted driving. Other causes of rear-end collisions include:
- The vehicle behind follows too closely. Tailgating reduces the amount of stopping distance between cars.
- Speed limit violations. When a car is moving faster than the car in front or the flow of traffic, a driver may not have enough time to avoid the vehicle in front if sudden braking is needed.
Accident Liability: Missouri’s Rear-End Collision Doctrine
Crashing into the back end of the car in front is almost always the fault of the driver in the rear position. At least, that’s what everyone assumes. And Missouri law generally presumes that the rear driver is liable in this type of accident. This is known as the "rear-end collision doctrine." Under this doctrine:
- There is a presumption of fault. The rear driver is presumed to be negligent, and the injured driver doesn’t have to prove any specific negligence.
- The burden of proof is minimal. The injured driver need only to show they had a right to be on the road, they were struck from behind, and they were not acting negligently.
- The injured driver can recover compensation for damages they weren’t responsible for. Missouri is a pure comparative negligence state. This means the victim can recover damages, even if they are partially at fault. However, the amount of compensation is reduced based on their percentage of fault.
You may wonder what happens when the rear driver isn't at fault and whether it’s possible for that driver to obtain compensation for their injuries. Our experienced Kansas City collision lawyers explain how and when the Missouri rear-end collision doctrine may not apply.
Exceptions: When the Driver in Back Is Not at Fault
It’s true that the driver in the back position is often at fault in a rear-end crash. However, there are situations when that driver is not responsible for the accident. Scenarios that can put partial or full blame on the car in front can include the following:
- The front driver stops suddenly for no reason. When this happens, the driver in back might not have enough time to react to the stop and may crash into the front car.
- The car in back was rear-ended by another vehicle. When this happens, the car in the back position is forced into the front car and was not being negligent.
- The driver in front has faulty brake lights. If the brake lights of the front car aren’t working properly, the driver in back will have no warning that the car is about to stop and won’t have enough time to make corrective driving behavior.
- The driver in front reverses unexpectedly. Some rear-end crashes happen when the front vehicle backs up without warning. This may happen at a stoplight or in a parking lot, and these accidents are typically the fault of the front driver because the other motorist didn’t expect the front car to move backward.
- The front driver makes an unsafe lane change. If a driver swerves suddenly into another lane and then brakes, the driver in the rear has no opportunity to create a safe following distance. Unsafe lane changes often result in rear-end crashes, which are not the fault of the front driver.
- The front car has a mechanical failure. When a driver experiences mechanical problems, they usually signal and pull off to the shoulder. However, if a driver slows down or stops suddenly in a travel lane because their car is overheating, stalling out, or the brakes aren’t working, and the driver knew about these mechanical issues and failed to address them, they could be held responsible if the sudden stop results in a rear-end crash.
- The driver is exhibiting road rage. When a driver is stressed or angered by a driver who isn’t traveling fast enough, they may drive aggressively and recklessly. Road-ragers often release their frustration by intimidating other drivers. Some aggressive drivers cause rear-end accidents when they deliberately cut in front of other vehicles and slam on their brakes. This dangerous practice, known as "brake checking," usually makes the front driver responsible for any resulting collision.
- The driver makes a quick turn. Front drivers who turn suddenly at the last second can cause a rear-end crash. This may happen if they are lost and swerve onto a side road to get directions or if they see someone they know on the sidewalk and turn quickly into a parking lot to say hello. These sudden turns can create dangerous situations for the car behind them.
How Fault Is Determined in a Rear-End Collision
When you’re injured in a rear-end crash, you need solid evidence to build a strong case and obtain fair compensation. Your evidence needs to prove the four elements of fault:
- Duty. The driver owed a legal duty to the injured victim to drive safely and avoid harming others. In the case of a rear-end accident, this typically involves allowing enough space between vehicles to avoid a collision.
- Breach of duty. The other driver failed to fulfill their duty to others. A driver may breach their duty by disobeying traffic laws, driving drunk or distracted, or another type of negligent behavior.
- Causation. It was this breach of duty that caused the accident. Extensive evidence is often necessary to connect the other driver’s actions to causing a rear-end crash. Actual causation is determined by showing that the accident would not have occurred “but for” the defendant's negligence.
- Damages. The victim suffered injuries or losses. The insurance company often makes collecting damages difficult by questioning the necessity of medical treatment and the severity of the injuries.
You may wonder what kind of evidence you need to prove these four elements. Our attorneys at Peterson & Associates, P.C. discuss the type of evidence you should gather immediately after the crash, if possible, that can help you with your rear-end crash personal injury claim:
- Police accident reports. An official report containing details of the accident, statements, and initial assessments.
- Photos. Pictures of the accident scene, vehicle damage, road conditions, and injuries.
- Video footage. Surveillance or dashcam footage capturing the accident as it happened.
- Witness statements. Testimony from individuals who saw the accident occur.
- Time-stamped navigation data. GPS or other data showing vehicle locations and speeds at the time of the accident.
- Cell phone records. Logs that could indicate if a driver was on the phone or texting during the accident.
- Skid mark analysis. Measurements and analyses that can indicate vehicle speeds and movements before the collision.
- Expert testimony. The input from accident reconstruction experts can be critical to your claim. These experts can analyze the crash dynamics to determine factors such as speed, angles of impact, and force distribution. Such technical analysis can help provide compelling evidence to support the claim that the leading driver was at fault.