Determining Liability In a Missouri Rear-End Accident
Rear-end accidents account for nearly 30 percent of all auto accidents in the United States. Rear-end accidents have the potential to cause serious injury, especially to the neck and back, spine, or head. For this reason, many rear-end accident cases result in personal injury lawsuits so that injured victims can recover from the negligent party. Negligent1 acts that often lead to rear-end collisions include distracted driving, fatigued driving, tailgating, speeding, and more.
Proving negligence in a rear-end accident can be difficult, especially if the driver of the vehicle in the front was not aware the accident was about to occur prior to the collision. Proving negligence may be difficult in a rear-end accident case, as the driver or occupants of the vehicle that was struck are generally unable to point to any specific acts of negligence that may have caused the accident. As a result, Missouri courts have adopted the “rear-end collision doctrine,”2 which helps to provide injured victims receive the compensation they deserve. Under the doctrine, an injured victim must demonstrate the following:
- They were rightfully on the road.
- Another vehicle hit them from behind.
- The front driver was not engaging in negligence.
Once those three factors are sufficiently demonstrated, the court will presume that the defendant acted in a negligent manner to cause the accident and injuries. It will then be up to the defendant to prove they were not negligent. This is different than a regular auto accident case in which the plaintiff is the one that must prove a specific act of negligence.
Contact a St. Louis Car Accident Attorney Today to Schedule a Free Consultation
Rear-end accidents have the potential to leave victims with significant medical expenses and an inability to return to work for an extended period of time. In addition, people who are injured in these accidents can experience significant physical and emotional pain and suffering. The lawyers of The Bruning Law Firm strive to obtain the best possible outcome for each client we to represent and do not collect any legal fees unless you recover. To schedule a free consultation with one of our St. Louis car accident attorneys, call our office today at (314) 898-3078.
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If you or someone you care about has been seriously injured in an auto accident, contact The Bruning Law Firm today. We provide the comprehensive, professional legal representation you deserve at a time when you need it most.
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