rear-end accident

Rear-end auto accidents consist of around 29% of all car crashes.

Whether you’ve been rear-ended in St. Louis and need the help of a St. Louis car accident lawyer to help with your case, or you recently rear-ended another driver and are wondering if you will be found at fault, you’re in the right place. 

Let’s discuss the basics of rear-end accidents in Missouri, and who is likely to be found at fault.

Who is Often Found At-Fault?

Missouri courts typically assign fault to the driver of the rear vehicle, as long as the driver of the front vehicle meets these conditions:

• They were legally and rightfully driving on the road
  
• Another vehicle struck their vehicle from behind
  
• The front driver was not engaging in negligent behavior– for example, “brake-checking” the rear driver or coming to a sudden stop for no reason.

If these factors are shown in court, the court will presume that the defendant acted negligently and caused the accident that injured the plaintiff unless they can prove otherwise.

This is distinct from other car accident cases, where the plaintiff is responsible for proving that the defendant acted negligently. 

Negligence by the Front Driver Can Result in Their Fault or Shared Fault

Just because a rear driver has been in a rear-end car accident does not necessarily mean that they will be found at fault. The front driver can also be found negligent.

For example, if the front driver is speeding on a highway in poor weather conditions, and slams on their brakes without warning as they try to swerve onto a highway exit they almost missed, they may cause a rear driver to collide with them. 

If there is proof of these actions, the rear driver may not be found negligent, since the unsafe and negligent actions of the front driver are what caused the accident. 

Missouri is also a “shared fault” state, which means both parties can be found to be at fault. The rear driver may be found to be 60% at fault, while the front driver could be found to be 40% at fault. This will limit the compensation that either party can pursue for the accident. 

3 Types of Injuries in Rear-End Accidents

Whiplash

When your car gets hit from behind, the force of the impact will make your head jerk back and forth in a fast motion, even if you are using the car’s safety devices correctly. This can cause damage to the soft tissue in your neck, which brings stiffness, chronic pain, inflammation and other problems. 

Whiplash is one of the injuries that might be noticed later on, as you start feeling worse and fail to heal on your own. Seeing a doctor can tell you the damage you have suffered and what treatment is needed to alleviate your symptoms and fully recover.

Injuries Caused by Triggered Airbags

Airbags can save your life, but they can also hurt you when triggered in a rear-end accident. They can inflict injuries like nose fractures, rib fractures, abdominal bruising, and other soft tissue damage. If you notice any injuries in your chest or abdominal area, definitely see a doctor. 

Head Injuries and Brain Injuries

Some of the most serious injuries you can suffer in a rear-end car accident are head injuries. You can suffer penetrating injuries, or be hit with blunt force by a hard object in your car, injuries which are easy to notice right at the scene. However, brain trauma is also common, like concussions, and they will not leave any external sign. Monitor any unusual symptom after the accident and see a doctor immediately if you suspect a brain injury. 

Besides this top 3 of injuries caused by rear-end accidents, there are many other injuries they can inflict. See a doctor and a St. Louis car accident attorney as soon as you can after your accident to ensure you get the necessary medical care and your legal rights are protected.

Speak With an Experienced Attorney

Whether you were injured as a front-driver or a rear driver in a St. Louis car accident, you may be trying to fight back against an at-fault claim, or wish to levy further damages against the responsible party. If this is the case, get in touch with a St. Louis car accident lawyer ASAP to start building your case, and ensure your legal right to compensation is protected.

Rear end crashes can cause serious injuries, even if the vehicles involved are not severely damaged.

While many people consider rear-end crashes to be minor accidents, for the victims the consequences can be devastating. Rear end crashes can involve drivers, motorcyclists or bicyclists, and can be caused by a variety of factors. While the degree of injuries can vary, there are some common injuries that are frequently reported by rear-end accident victims.

In 2012, the more than 1.7 million rear-end accidents that occurred resulted in around 1,700 deaths and over 500,000 injuries. This makes rear-end accidents one of the most common types of traffic crashes in the country and a leading cause of injuries. In this post, we will discuss 6 of the most common rear-end car accident injuries.

Whiplash

It is one of the most commonly reported injuries arising from rear-end accidents. The sudden, violent movement of the neck and head causes soft tissue damage. However, the seriousness of these injuries varies from case to case. The most serious injuries involve spinal damage, which requires more intensive treatment compared to other less serious injuries.

Most often, the driver is caught unaware and does not get a chance to brace for impact. In this situation, muscles are in a more relaxed state, which causes the head, neck and back to move more violently leading to a more serious injury. Symptoms of whiplash are not always immediately evident, and it may take days before the injury is diagnosed.

Broken Bones

Rear end collisions often cause broken bones. The most susceptible bones are the ones in hands, ribcage, spine, skull, and feet. While most new vehicles come with modern crash safety equipment, broken bones can still occur when the crash is violent enough. Broken bones are easy to diagnose, treat and document compared to soft tissue injuries.

Traumatic Brain Injury

According to the National Highway Traffic Safety Administration (NHTSA), nearly 1.7 million people suffer a TBI annually, and of the 52,000 die. Motor vehicle accidents are the second leading cause of TBI and are responsible for the largest percentage of TBI deaths. If a person suffers a TBI in a rear-end collision, the warning signs may not be immediately apparent, and it may take days or even weeks for the injury to show up.

Common symptoms of TBI include:

• Loss of consciousness
• Chronic fatigue
• Dizziness
• Impaired speech
• Abnormal changes in behavior
• Reduced cognitive performance

Unfortunately, TBIs often require extensive treatment and may leave the patient permanently disabled.

Scarring/disfigurement

Rear end crashes can throw the occupants violently against their restraints. An occupant could hit the steering wheel, dashboard or headrest in a way that causes permanent scarring or disfigurement.

Paralysis

A severe spine or brain injury can leave the victim partially or completely paralyzed. There are various factors that can affect the degree of paralysis, including which portions of the brain or which spinal discs are injured and what the severity of the injury is.

Hand, wrist and arm injuries

At the time of the impact, the driver was likely holding on to the steering wheel, and if he/she decides to stiffen up just before the impact, it can result in a broken arm, wrist, or fingers.

Seatbelt injuries

In event of a collision, the seatbelt tightens to hold the body in place upon impact, however, the seatbelt can tear into your skin and bruise the body when you are thrown forward by the force of the impact.

If you are injured in a rear-end collision and suffered serious injuries, you should discuss your case with a competent St. Louis accident lawyer. Give us a call today at (314) 361-4242 to learn more about your legal rights following an auto accident.