Considering that 7% of car accidents are rear-end collisions, this type of accident is more common than you might think. When a rear-end crash occurs, there is often dispute about fault.
Although the rear driver is often presumed responsible for a rear-end collision, the fault isn’t always clear-cut in many cases. Sometimes, the front driver is to blame, and other times, both drivers share fault.
In a comparative negligence law state like Missouri, your degree of fault determines how much you can receive in compensation for a car crash. Therefore, understanding how fault is decided in rear-end collisions can help you be more vigilant about defending your rights and securing adequate compensation for your losses.
What Is a Rear-End Collision?
A rear-end accident occurs when the vehicle behind hits the one immediately in front of it from the back. While most rear-end collisions happen at slow speeds, they can also happen at high speeds and cause catastrophic damage.
High-speed rear-end collisions can result in serious injuries and fatalities. The consequences of these accidents are often severe, where a large speeding vehicle hits a stopped smaller vehicle.
Why Do Rear-End Accidents Happen?
Rear-end collisions can arise in various situations. The most common causes include:
- Distracted Driving
A distracted driver isn’t paying attention on the road. Texting or eating while behind the wheel are common causes of driver distractions. A distracted driver may not notice what is ahead and easily ram into the vehicle in front.
- Drunk Driving
Driving while drunk can impair your ability to control your car safely, resulting in many types of accidents like rear-end collisions.
- Aggressive Driving
Aggressive driving can involve various behaviors that can cause rear-end accidents. For example, it can manifest in speeding, following too closely, or braking suddenly.
- Adverse Weather Conditions
Many rear-end collisions occur when driving through heavy rain, snow, or water puddles. In such conditions, it can be difficult for drivers to maintain safe control of their vehicle, especially if the road surface is uneven or the driver is speeding or distracted.
Common Injuries from Rear-End Collisions
Rear-end collisions can sustain injuries to various body parts, such as
- Traumatic Brain Injuries
A rear-end collision can cause your head to hit various hard surfaces, resulting in traumatic brain injuries. These injuries can lead to memory loss, speech difficulties, and impaired vision.
- Back Injuries
Rear-end collisions can result in upper and lower back injuries due to impact on the soft tissues, muscles, or joints. Back injury treatments often involve physical therapy. Severe injuries may require surgery.
Back injuries can be expensive to treat and keep you from working for extended periods. Plus, the physical discomfort can be unbearable.
- Spinal Injuries
Many rear-end accidents result in spinal cord injuries. Because the spinal cord facilitates vital body functions, spinal injuries can result in long-lasting disabilities, including paralysis of limbs.
- Bone Fractures
Rear-end collision impacts can cause bone fractures. While some broken bones may heal with minimal treatment, others require extensive care and leave you with long-lasting effects.
- Facial Injuries
Rear-end accidents can leave you with a disfigured face due to injuries from broken glass and other objects that may blow around as a result of the impact.
When the Front Driver May Be at Fault in a Rear-End Accident
While most rear-end accidents are the fault of the driver behind, the driver in front can also be held responsible for the crash. Some situations the front driver may be at fault include:
- Stopping Suddenly
If the front driver stops suddenly, especially on a high-speed road, they may be liable for a rear-end collision. Sudden stops can indicate distracted driving.
- Stopping in the Middle of the Road Without Hazard Lights
Mechanical failures or other car issues can cause a driver to stop in the middle of the road. In situations like this, the driver is expected to turn on their hazard lights to alert other drivers. If they fail to do so and end up in a rear-end collision, the leading driver may be held liable for the crash.
- Reversing Suddenly
If the front driver reverses suddenly and hits the vehicle behind, they may be liable.
- Abruptly Changing Lanes
If the front driver makes abrupt lane changes, they may deny the vehicle approaching in the same lane sufficient distance to slow safely. If the approaching car rear-ends the one that made the sudden lane changes, there may be grounds to hold the front driver responsible for the crash.
- Driving With Broken Brake Lights
Brake lights let the drivers behind know that the car in front is braking so they, too, can slow down to avoid a collision. If the front driver is driving with malfunctioning brake lights, they may be at fault if a rear-end accident occurs.
- Brake Checking
In road rage, the front driver may suddenly apply brakes to check the tailgating driver’s alertness. If this behavior results in a rear-end collision, the front driver may be held responsible due to their reckless action.
What to Do After a Rear-End Accident
The steps you take in the aftermath of a rear-end accident can make or break your compensation claim. If you have been in a rear-end collision, below are some important steps to take:
- Report the Accident to the Police
Inform the police about the crash and get a police accident report. This report usually describes the accident, detailing what the officers observed and what the witnesses saw.
- Document the Accident Scene
Capture damages to vehicles, license plates, road signs, and noticeable injuries. Moreover, get the other driver’s personal and insurance information.
- Collect Witness Contact Information
Obtain names and contact information of witnesses. Where fault is disputed, witness statements can help prove who caused the crash. It’s best to follow up with the witnesses immediately to get their statements before they forget the details.
- Seek Medical Attention
It’s important to get a thorough medical examination immediately after a car crash, no matter how minor the accident might seem to you. Seeking medical attention ensures your injuries are confirmed and documented.
- Contact Your Insurance Company
Report the crash to your auto insurance company as soon as possible. While you should provide accurate information about the accident, only share basic details until you have consulted your lawyer.
Get a Good Lawyer for Your Rear-End Accident Case
A rear-end collision can take a toll on your health and finances. However, determining liability in this type of accident can be complicated, especially where multiple vehicles are involved. Getting an experienced car accident lawyer on your side is the best way to ensure you get fair and timely compensation.
