Hunter & Cassidy Law

Who is at fault if you are involved in a rear-end collision

On Behalf of | Apr 5, 2023 | Motor vehicle accidents

On the face of it, the rear driver would generally be liable in a rear-end collision. After all, they are expected to leave adequate space between their vehicle and the car in front. However, this is not always the case. Subject to the circumstances that led to the accident, fault is established per Missouri negligence laws

To establish fault, you need to start by understanding how rear-end accidents happen in the first place. 

Understanding the causes of rear-end crashes

Negligence or reckless driving is at the center of many rear-end collisions. Here are driver behaviors that increase the risks of rear-end collisions:

  • Driving too fast for the road conditions
  • Tailgating
  • Driving faster than the designated speed limits
  • Driver distractions
  • Intoxicated driving
  • Stopping the vehicle without signaling

Generally, it is up to every motorist to exercise a duty of care towards each road user. Reckless driving, cell phone distraction or faulty brakes can never be an excuse if an accident happens. 

So how do you prove fault following a rear-end collision?

To litigate your car accident claim and receive the compensation you deserve, you need to prove that the other driver acted negligently, and their negligence resulted in economic and non-economic damages. And this is where evidence comes in. Some of the evidence you may present include:

  • An accident report from the police who visited the scene and investigated the accident
  • Photos and videos of the accident scene
  • Eyewitness account
  • Expert testimony

Protecting your rights and interests

A rear-end crash can leave you with serious injuries and property damage. If you are involved in a car accident that is not your fault, Missouri car accident laws allow you to pursue the liable party for the resulting damages.