Delivering Results Since 1998

Who is at fault during a Missouri rear-end collision?

On Behalf of | Jan 24, 2023 | Car Accidents

Make no mistake, rear-end accidents are complicated. If you are involved in one, a lot of questions will probably go through your mind. Besides your health and safety, you will likely have concerns over who is responsible for the accident. 

Fault is the basis upon which car accident claims are litigated and determined. And with the right evidence, you should be able to prove the other party’s fault and fight for the financial restitution you deserve following a rear-end collision. But how do you do this?

Determining fault after a rear-end accident

Every driver is required to keep a safe distance from the car ahead of them.  A number of factors, such as road conditions and vehicle speed, are taken into account when determining a safe distance. 

Still, every motorist has a duty to drive in a safe manner. And this means that the rear-ended driver can also be at fault depending on the circumstances that lead to the crash. Some of these circumstances include:

  • If they brake check without turning the indicator on
  • When they suddenly reverse their vehicle
  • When they operate a vehicle without hazard lights or fail to pull over to a safe spot following a failure like flat tires

Missouri negligence laws and rear-end collisions

Missouri applies a pure comparative negligence statute. Under this statute, each party’s contribution to the rear-end collision is taken into account when apportioning fault and, thus, awarding damages. This means that if the court establishes that you were 40 percent responsible for the accident and awards $100,000 in damages as a result, then you will only be eligible for 60% of the award, which comes to $60,000. 

If you are involved in a rear-end collision, you might be eligible for compensation. Find out how you can litigate your claim and establish the other party’s fault after a rear-end accident.