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Who Is at Fault in a Rear-End Car Accidents in St. Louis?

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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. 

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.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

5 Common Injuries in Rear-End Car Accidents

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Car accidents have unpredictable effects on our bodies. The types of injuries you can sustain depend on how the collision happened and the direction and intensity of the forces that are involved. When it comes to rear-end accidents, the driver and passengers of the car that is hit from behind are often thrown forward with great force. That can lead to fractures, head trauma or hidden injuries like whiplash. These injuries can occur even if the victims were wearing their seatbelts.

Here is a list of the most common injuries one can sustain from a rear-end car accident:

Bone Fractures

Broken limbs or other broken bones can be a result of a rear-end car crash, and sometimes they can be hard to recover from. The least a victim can get away with is having to wear a plaster cast for a few weeks after the accident, which can impair their mobility and leave them unable to work.

Concussions

Because of the great forces involved in a car crash, your brain strikes the inside of your skull and gets a hematoma and tissue compression. Symptoms of a concussion are nausea and vomiting, dizziness, loss of senses, headaches, altered mood, and sensitivity to sound and light. If you notice any of these symptoms after head trauma, seek immediate medical attention.

Soft Tissue Injuries

Soft tissue injuries often go unnoticed by the victim for days or even weeks after the accident. On top of that, it’s not always easy to diagnose them, and the investigations that the victim needs are not so common (like an MRI or a soft tissue ultrasound.) The victim can suffer from muscle tears, stretched ligaments, and damaged nerves.

Herniation

Back injuries are a common result of rear-end car collisions. Herniation occurs when the tissue that sustains the vertebrae is damaged. Symptoms of herniation include severe back pain, numbness, tingling, and limited mobility. Discuss your concerns with a doctor as soon as possible and get the necessary investigations done for a proper diagnosis.

TBI (Traumatic Brain Injury)

There are many ways your brain can suffer damage if it’s subjected to great, sudden forces. Besides concussions, your brain can bleed underneath its protective membrane or its connections can be interrupted by ruptures in the brain tissue. Each one of these injuries can be potentially life-threatening or debilitating. Seek immediate medical help if you suspect any kind of brain injury.

Why You Should Speak With an Experienced Attorney

If you have been in a rear-end car collision, get in contact with a doctor and with an experienced St. Louis auto accident attorney. If your injuries will need extensive treatment and recovery, causing you to lose working hours or even the capacity to work, you will have to make a car accident claim to cover your costs. To ensure your legal right to compensation is protected, speak with an attorney as soon as possible.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Back and Neck Pain After a Rear End Collision

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The impact of a car accident can have a great negative effect on the neck and back.

Both of these areas are crucial, yet very sensitive to force or sudden movement. When your car gets hit, the moment of the impact causes everything inside the vehicle, including yourself, to move. However, because there is no room inside the vehicle to move, that can mean extra pressure is put on your neck and back.

st. louis man with neck pain

You may experience some pain in these areas immediately after the collision. If you do, it’s imperative to seek treatment as soon as possible.

The First Step

The first thing you need to do after a car crash is getting medically checked. Even if you don’t think you got injured, it’s best to let a doctor see you and determine your medical condition. Some injuries may not show any immediate signs, and you won’t begin to feel any pain until some time has passed since the accident.

This is exactly what happens in the case of whiplash, which often affects the neck and spine. Unfortunately, if left untreated, these injuries can cause even more issues in the future.

While the signs of whiplash can differ from patient to patient, some common symptoms include:

  • Dizziness;
  • Fatigue;
  • Nausea;
  • Stomach issues;
  • Concussion.

It’s vital to know these signs and identify them as whiplash as soon as they first appear. Sometimes, they can appear even a few weeks after the collision, but once they show, the pain will not go away on its own. If left untreated, the pains are known to grow stronger, to the point where it can become unbearable. An initial doctor’s visit after the collision could potentially save you from this scenario.

File a Compensation Claim

Because these injuries appear after the accident, many people can experience difficulties in getting compensated for their treatment. The insurance company may claim that your neck or back pain could have been caused (or worsened) by some other event in your life.

However, if you work together with a St. Louis car accident lawyer, you can build a strong case and successfully get sufficient damages to cover the cost of your medical treatment.

Essentially, you will have to link your injuries directly to the car accident and show that the other driver is responsible for them. Because the injuries only appear long after the collision, this may complicate things, but a good lawyer could handle it successfully.

Speak With an Attorney

Neck and lower back injuries aren’t just issues that affect your physical health – they often take a toll on your personal life, relationships with family and friends, and your overall quality of life. If these injuries were the results of a car accident where you were the victim, then you may be entitled to compensation for damages. Reach out to a St. Louis car accident lawyer to discuss your next steps. Give us a call today at (314) 361-4242 for a FREE consultation.

Rear End Accident Injuries

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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.

Whiplash Injury and Rear-End Collisions

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Whiplash is a common injury associated with rear-end collisions.

whiplash car accident St. Louis

The National Safety Council reports that 20 percent of victims in rear-end car accidents suffer from whiplash. A whiplash victim can experience pain and soreness that lasts more than a year.

Women are more likely to suffer whiplash in a car accident because of differences in height, strength and the position of the head restraint. Children who are seated in the third row of minivans and SUVs are also at risk for whiplash injuries.

Symptoms of Whiplash

Whiplash is an injury to the neck caused by an abrupt back and forth jerking motion of the head. Whiplash causes injury to the soft tissues in the bone and spinal cord in the neck and back. The intervertebral joints, discs, ligaments, cervical muscles, and nerve roots may become damaged.  Symptoms of whiplash include:

Diagnosis of Whiplash

A victim of a rear-end collision may not seek medical attention because they feel no immediate pain after an accident. However, symptoms of whiplash injuries are often delayed. Standard X-rays are often used to diagnose soft tissue injuries. CT scans and MRIs may be used to diagnose disc, muscle, or ligament damage.

Treatment of Whiplash

Pain management is a big part of treatment for whiplash. A doctor may prescribe pain relief medication along with physical therapy, massage, heat, and ice. More extensive treatments such as traction, injections, and ultrasound may be required, depending on the severity of the injury. In the past, cervical collars were used to immobilize the neck. The current trend is to encourage early and gentle movement.

According to vehicle safety researchers, the proper position of head restraints and seat belts can protect most passengers from rear-end collision injuries. Head restraints in rear-end collisions are as important as seat belts in frontal collisions.

Help from a St. Louis Car Accident Attorney

The Hoffmann Law Firm, L.L.C. has been assisting whiplash victims for more than 15 years and we can help you obtain the compensation you need for medical expenses and other losses. We offer free consultations in all personal injury cases and you never pay attorney fees unless we recover compensation for you. Contact us at (314) 361-4242.