Who is at Fault for a Rear-End Collision in Missouri?
You may have heard that the driver of the chase fomite is always at blame for rear-end accidents. While it ’ randomness surely true that the raise driver is frequently at fault for these kinds of crashes, there are cases where the driver of the movement vehicle can be held liable. As a leave, you should constantly speak to an experienced lawyer after a rear-end accident, careless of whether you were in the front or the buttocks vehicle .
Missouri Law on Rear-End
Under Missouri case law, there is a presumption that the driver of the rear vehicle is at fault for a rear end accident. This rule is known as the rear-end collision doctrine, and is expressed as follows :
if one person has his vehicle in a assign of the highway where he should have it or is entitled to have it in view of the run in which he is proceeding, and some other person traveling behind him in the same direction overtakes him and permits his vehicle to run into the rear of the one ahead, the proof of a collision under such circumstances makes out a prima facie case of specific negligence against such early person in charge of the overtaking fomite .
What this means is that after a rear-end accident, any injuries that the driver and any occupants of the front vehicle will be legally entitled to compensation for their injuries, unless the driver of the rear vehicle can show that the accident was actually caused by the negligence of the driver of the front man vehicle.
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When is the Driver of the Front
Vehicle at Fault for a Rear-End Collision?
There are many scenarios in which the driver of the movement vehicle can be held liable after a rear-end collision. Some of the more coarse include :
- Driving a vehicle with
malfunctioning brake lights
- Stopping in traffic suddenly and
- Improper lane changes
- Carelessly merging onto the
Comparative Fault in Missouri
In some rear-end collision cases, both drivers are partially at demerit for an accident. For exemplar, if a rear-end crash occurred when the driver of the front vehicle brake checked a driver who was following besides close, it ’ s likely that both drivers would be deemed partially liable. Missouri is a relative demerit state, which means that a person ’ second recovery reduced by the percentage of demerit. For exemplify, if the brake checking driver in the above scenario is deemed to have been 70 percentage at demerit and sustained $ 100,000 in damages, he or she would entirely receive $ 30,000 ( 70 percentage of $ 100,000 is $ 70,000, and $ 100,000 – $ 70,000 equals $ 30,000 .
Call Us Today to Schedule a Free
Case Evaluation with a St. Louis Personal Injury Lawyer
If you have been injured in a rear-end collision in Missouri or Illinois, you should contact Bruntrager & Billings deoxyadenosine monophosphate soon as you can. Our team of experience attorneys is dedicated to helping injured victims get the compensation they deserve. To schedule a unblock case evaluation with a lawyer, call our function today at ( 314 ) 646-0066 or send us an electronic mail through our on-line contact form .