Rear-End Accident Fault: Missouri Laws, Exceptions and Your Rights

In most rear-end crashes in Missouri, the driver whose vehicle rear-ends another tends to bear responsibility for the damages and losses caused. This is because of a legal principle known as the “rear-end collision doctrine” rooted in state law, which creates a legal presumption against the rear driver.

Missouri also follows a “pure comparative fault” system. This means that even if you are the one who has been struck from behind, the other driver’s insurance company could try to blame you for actions such as coming to an abrupt stop or making other sudden or unexpected moves on the road, etc. Below, we explain how fault is established in rear-end crashes in Missouri, the exceptions that you should be aware of and what a typical car accident settlement might look like.

Key Takeaways

• The rear-end collision doctrine: Missouri law presumes that the driver who rear-ends another vehicle is negligent (careless) because such an action generally shows that the driver has not been paying attention and failed to exercise the “highest degree of care” required by the law.
• Pure comparative fault: You can recover damages after a rear-end accident even if you are 99% at fault. But the money you receive may be reduced by the percentage of blame that is assigned or attributed to you.
• Common exceptions: Fault may shift in a rear-end accident case if the driver in front stops abruptly, has brake lights that are not working or makes an illegal lane change, etc.
• Statute of limitations: You generally have 5 years from the date of the accident to file a personal injury lawsuit in Missouri.

Please remember that in such cases, regardless of the clarity of the law, insurance companies create gray areas to protect themselves and use tactics that minimize payments to the injured victims. When you understand the nuances of Missouri’s traffic laws (RSMo § 304.012) with the help of an experienced personal injury attorney, you have a much better chance of protecting your rights and filing a successful claim.

Missouri’s Rear-End Collision Doctrine

Under this legal principle in Missouri (the rear-end collision doctrine), the rear driver usually bears responsibility in most scenarios. Missouri law requires drivers to exercise the “highest degree of care” on the road, which includes paying attention to traffic conditions and maintaining a safe following distance from the vehicle in front. So, if you are unable to show proof that you rear-ended a vehicle because of some unlawful action on the part of the driver in front, you may be presumed negligent under the law.

When it comes to injured drivers who have been rear-ended, courts and insurers typically evaluate such cases using a three-prong test. This test is based on a legal framework interpreted by the Missouri Supreme Court and Missouri Approved Instructions (MAI) to establish the negligence of the driver who strikes another vehicle from behind. It takes into account whether:

• The front driver had the right to occupy the portion of the roadway where the crash occurred.
• A vehicle struck them from behind.

• The front driver was not behaving in a negligent (careless) manner that caused or contributed to the rear-end collision.

While this presumption protects innocent drivers who get injured in rear-end collisions, the rear driver might still be able to challenge this presumption by presenting credible evidence.

Exceptions: When the Front Driver Shares Blame

 

Scenario	Why the Presumption Shifts
Brake Checking	Deliberately slamming on one’s brakes without proper justification for doing so, is considered dangerous or careless behavior where the driver violates his or her duty of care.
Dead Brake Lights	The rear driver has a duty to follow safely, but the front driver may share the blame for not giving the rear driver the visual warning to stop. Not maintaining your brake lights is viewed as negligence.
Illegal Merge or Unsafe Lane Change	Unsafe merging and lane changes don’t give rear drivers the time needed to react or take evasive action.
Reversing into Traffic	Backing into a lane of traffic is not only against the law, but it also creates a dangerous situation for others on the roadway.

 

Missouri’s Pure Comparative Fault

Missouri follows a “pure comparative fault” system. This essentially means that you may be able to recover compensation after a car accident even if you are 99% at fault for the crash. The total damages you receive may simply be reduced, depending on the percentage of the blame attributed to you. For example, if the jury awards $100,000 and finds you 80% at fault, you can still recover $20,000. This is different compared to states such as Illinois where that use “modified comparative fault,” meaning recovery is not allowed once a claimant reaches 50% or more fault.

Missouri’s system, instead of denying compensation to claimants entirely, assigns financial responsibility in proportion to the blame. Often, insurance companies try to use this rule in their favor by inflating your percentage of fault so they can minimize or altogether deny your compensation. Understanding how this system works can make a huge difference, because even a small shift in numbers could dramatically alter the eventual value of your car accident claim.

Frequently Asked Questions (FAQs)

What is the rear-end law in Missouri?

In Missouri, rear-end crashes create “a rebuttable presumption” that the driver who rear-ended a vehicle in front was negligent. The law still provides room for the rear driver to rebut this presumption by showing evidence of the other driver’s negligence or other specific circumstances that caused the crash.

Can you be at fault if you are rear-ended?

Yes, under Missouri’s “pure comparative fault” system, the driver who is rear-ended could share or even carry most of the blame for the crash if there is evidence of brake checking or other traffic violations such as illegal merging, unsafe lane change, etc.

How is fault determined?

Fault is typically determined by examining all of the evidence in the case including but not limited to police reports, vehicle damage, witness statements and any traffic violations on the part of either driver. Fault percentages are assigned to each driver based on this evidence.

Seeking Justice: How a Missouri Auto Accident Lawyer Protects Your Payout

For victims, the consequences of the Missouri rear-end accident law and navigating it can prove tricky, especially when insurance companies try to shift blame, minimize the extent of a victim’s injuries and reduce payouts to protect their own interests. We often see cases where a straightforward claim quickly turns into a battle over brake lights, following distance, reaction time, etc. — all calculated steps taken by the other party’s insurance company in an effort to inflate your fault percentage. It is in your best interests to have an experienced lawyer on your side and avoid being forced to accept unfair settlements or get shortchanged on the compensation that you deserve.

Even though Missouri law gives you five years from the date of the crash to file a personal injury lawsuit, waiting that long can seriously weaken your case. Evidence can disappear, witnesses’ memories might fade and insurers might gain leverage as a result. An experienced Missouri auto accident lawyer can help you preserve evidence, challenges the insurance company’s unfair tactics and help ensure that you receive maximum compensation for your losses.