Ryan Bradley | July 2, 2025 | Car Accident
Key Takeaways:
- Missouri law presumes the rear driver is at fault. While Missouri law creates an initial assumption against the rear driver, evidence of brake checking, broken taillights, or sudden lane changes can reverse liability.
- Both drivers can share fault in Missouri rear-end crashes. Under pure comparative fault rules, you might be 30% responsible while the other driver is 70% at fault for the rear-end crash. Understanding how fault percentages work is crucial since they directly reduce your compensation.
- The front driver may be liable. Whether the driver at the front was intentionally cutting you off or reversing at a red light, Missouri law recognizes that they can be responsible for a rear-end crash.
Every day on Missouri roads, drivers get rear-ended at red lights and in traffic. In Missouri, it is typically presumed that the rear driver is at fault in a rear-end collision, but rear-end crashes can be much more complex when they involve issues like broken taillights and sudden reversing. In some cases, a front driver could be liable for thousands in damages.
Our guide reveals when the rear driver is and isn’t responsible and why what you do in the first few hours after a rear-end collision can make or break your claim.
Who Is at Fault in a Rear-End Collision Under Missouri Law?
Imagine you’re sitting in traffic, and someone slams into your rear bumper. In Missouri, that driver is automatically at fault, right? Not necessarily. While Missouri’s “rear-end collision doctrine” creates a legal presumption against the rear driver, fault is not always clear-cut. Here are some of Missouri’s fault rules for rear-end collisions:
- The Rear Driver is Presumed At Fault. Under Missouri’s “rear-end collision doctrine,” the injured front driver must show they were struck from behind and were not operating their vehicle negligently. Once proven, the burden shifts to the rear driver to prove they weren’t negligent.
- Front Drivers Can Be Liable. Front drivers who brake check, reverse suddenly, have broken taillights, or cut someone off can be held fully or partially responsible for a rear-end crash.
- Both Drivers Can Share the Blame. Missouri’s pure comparative fault system means a jury might find you partially at fault for stopping suddenly, while the rear driver may also be at fault for following too closely.
- Multiple Vehicle Crashes Complicate Fault. In multiple-vehicle crashes, determining who hit whom first is essential. Crash reconstruction professionals may be required to determine who is responsible, and multiple drivers could be at fault.
While the rear driver starts with the disadvantage in Missouri, fault for the crash is not cut and dry and depends on the specific circumstances of your crash and the evidence available.
When the Front Driver Is at Fault in a Rear-End Collision
Picture this: you’ve been driving defensively, following at a safe distance, when the driver ahead of you suddenly slams on their brakes for no reason. Or maybe they cut you off and then immediately stopped. In these scenarios and a few others, the front driver could be responsible for the crash.
Brake Checking and Road Rage
When a driver intentionally slams their brakes to “teach you a lesson,” they’re committing an aggressive act that can make them liable for an accident. Brake checking isn’t just dangerous; it’s illegal under Missouri law.
Sudden Reversing
You’re stopped at a red light when the car in front suddenly reverses and backs into you. You had no time to act and watched helplessly as they plowed into your car. Whether it’s confusion at an intersection or a parking lot mishap, the suddenly reversing driver is typically responsible for the collision.
Broken or Malfunctioning Brake Lights
Brake lights are legally required safety equipment. When a driver knowingly operates a vehicle with faulty brake lights, they’re creating a hazard and could be at fault in a rear-end collision.
Unsafe Lane Changes and Cut-Offs
When someone swerves into your lane without warning or adequate space, they’re violating traffic laws. If they immediately brake after cutting you off, it’s almost impossible to avoid a collision, no matter how carefully and defensively you’re driving.
Stopping for No Valid Reason
Missouri law generally prohibits stopping in traffic unless it’s necessary for safety or traffic control. Slamming on brakes to look at an accident or checking the phone can land a front driver in hot water if it causes a rear-end crash.
DUI or Impaired Driving
Intoxicated drivers are a danger to themselves and other road users. They may make unpredictable moves like weaving in and out of lanes or stopping randomly. When a drunk driver’s erratic behavior causes you to rear-end them, their impairment may make them responsible.
While these are important exceptions that could hold a front driver responsible for a rear-end accident, you will need clear evidence to prevail in court. Hiring a St. Louis car accident lawyer can be essential to help prove the front driver’s fault for your rear-end collision.
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Missouri’s Pure Comparative Fault: When Both Drivers Are Responsible
Accidents can (and often do) have more than one cause. Maybe the front driver did brake abruptly, but you were also following a bit too closely to react in time. Missouri recognizes that more than one driver could be responsible under its pure comparative fault system.
Unlike some other states that bar recovery if you’re 50% or more at fault for an accident, Missouri allows you to collect damages even if you’re 99% responsible. However, your compensation will be reduced by your percentage of fault. While this system sounds fair in theory, fault determination can be somewhat subjective. Having an attorney by your side ensures you’re treated fairly and aren’t assigned a higher fault percentage than justified.
How Fault Determination Could Affect Your Settlement
While the circumstances of accidents may vary, the general calculation is fairly simple: take your total damages and subtract your fault percentage. Here are some examples of how having fault in a crash could affect your settlement:
- $50,000 in damages with 20% fault = you recover $40,000
- $100,000 in damages with 30% fault = you recover $70,000
- $250,000 in damages with 40% fault = you recover $150,000
Unfortunately, insurance companies may try to shift these percentages to put more of the blame on you and reduce what they have to pay. They may claim you were tailgating or argue you should have reacted faster. Each percentage point they shift onto you can save them thousands.
This is why having an attorney is critical if you have some responsibility for the crash. Fighting back requires evidence and experience with Missouri’s comparative fault system.
Evidence That Makes or Breaks Your Rear-End Accident Case
The more evidence you have, the easier it will be to determine who is at fault in your rear-end collision. Here are some types of evidence that can win cases in Missouri.
- Dashcam footage. A dashcam can be worth its weight in gold. That little camera on your windshield could prove that the front driver was at fault due to broken brake lights or a sudden reversal.
- Event Data Recorders (EDR). A car’s “black box” can capture various data like speed, brake use, steering, and even seatbelt usage.
- Traffic Cameras. Cameras at major Missouri intersections create an invaluable record of traffic and crashes. Your attorney should immediately request this footage before it’s deleted.
- Witness Testimony. Witnesses can be the key to determining fault, especially when no traffic camera or dash cam footage exists. Even passengers in your car can provide crucial testimony about other drivers’ actions.
- Vehicle Damage. Examining vehicle damage can help accident reconstruction professionals understand how a rear-end crash occurred.
- Road Conditions. The conditions of the roads at the crash scene can give vital clues. Oil spots, construction debris, or missing lane markings could have contributed to a crash.
Even with all the evidence in the world, you could lose out on compensation if you don’t take the right steps right away. Discover what to do in the critical first moments and hours after a crash.
What to Do in the First Hours After Your Crash: Rear-End Collision Legal Advice
The first hours after a rear-end accident are critical. Making the wrong moves now could have consequences for your claim and compensation. Before leaving the accident scene, make sure to document everything: photograph vehicle positions before they’re moved, vehicle damage, skid marks, traffic signs, and the other driver’s license plate and insurance card.
Call 911 even for minor crashes to create an official record. If you feel any pain or stiffness or if anyone else is injured, request medical attention. When exchanging information with other drivers, be careful not to admit fault. It’s best not to discuss the accident at all with other involved parties.
When that insurance adjuster calls within hours, politely decline to give a recorded statement without legal counsel. You don’t have a legal obligation to speak with them immediately. And before you speak to an insurance adjuster, it’s crucial to know the basic state laws. Missouri has specific laws that shape what you’re entitled to and how fast you need to act.
Missouri Car Accident Laws Every Driver Should Know
Missouri’s car accident laws offer both protection and pitfalls for rear-end collision victims. Understanding these rules can mean the difference between full compensation and walking away with nothing. Here’s what you need to know:
- Five-Year Statute of Limitations. According to Missouri law, you have five years to file a lawsuit. That said, waiting too long can jeopardize your case as evidence may disappear, and witnesses could forget crucial details.
- No Damage Caps. Missouri generally allows full recovery in rear-end collisions, whether your damages are $50,000 or $5 million.
- Mandatory Uninsured Motorist Coverage. Your insurer must include this protection in your policy unless you reject it in writing.
- Pure Comparative Fault. You can recover damages even if partially at fault, though your compensation is reduced by your percentage of blame.
- Required Accident Reporting. Crashes involving injury or property damage over $500 must be reported within 30 days in Missouri.
- Sudden Emergency. Missouri law recognizes that not all rear-end collisions are caused by negligence. A rear driver who was reacting to an unexpected emergency, like a child running into the road, may be assigned reduced fault.
Knowing the law, while helpful, is just the beginning. When your situation gets complicated, you’ll need more protection: you’ll need legal help.
When You Need Rear-End Collision Legal Help Immediately
Don’t wait too long to seek legal advice after a serious rear-end accident, or you could pay the price in lost compensation. While Missouri law gives you ample time to file a claim, the following situations demand you call an attorney today, not tomorrow:
- Liability is disputed
- The crash involved serious injuries or death
- The accident occurred with a commercial vehicle
- Your claim is denied or significantly delayed
- Multiple parties are involved in the crash
- A government vehicle or entity is involved
- The police report doesn’t adequately reflect what happened
Having the right attorney makes all the difference, especially when the police report doesn’t reflect the full truth.
Why a Police Report May Not Tell the Full Story of Who’s at Fault in a Rear-End Collision
A police report may be helpful for your insurance claim, but it may not hold up in a lawsuit. In rear-end collisions, officers often assign fault based on quick roadside impressions or vehicle positions, which typically leads to an automatic assumption that the rear driver is responsible. But law enforcement reports are not the final word on fault. Police officers are not judges, and they didn’t witness the crash with their own eyes. Their job is to document the scene, not decide liability.
What matters more than the checked box on a police form is the evidence, like eyewitness testimony and a detailed reconstruction of what really happened based on photographs and vehicle damage. If the front driver reversed unexpectedly or had broken brake lights, the police report may miss those facts entirely.
Don’t panic if the officer wrote you up. With the right attorney by your side and supporting evidence, a police report can be challenged.
Bradley Law Fights for You
Since 2002, we’ve recovered over $100 million for Missouri accident victims, including the state’s largest motorcycle accident recovery at $14.25 million. Our founder, E. Ryan Bradley, gained unique insights early in his career while defending insurance companies. He now uses that insider knowledge to anticipate an insurer’s every move and shut down their tactics when fighting for maximum compensation for his clients.
At Bradley Law, you’re not just a number. Your case gets an attorney’s full attention. We’ll listen to your story, investigate every angle, and fight for what you deserve, not just the quick settlement insurance companies want you to take. Ready to fight for what you deserve? Contact us today for your free consultation.
FAQs
Can I still recover damages if I don’t have collision coverage?
If someone else caused the accident, your ability to recover for injuries and vehicle damage depends on the at-fault driver’s liability coverage. You can pursue compensation through their insurance even if you only carry liability insurance.
What if the rear-end collision aggravated my pre-existing condition?
Missouri follows the “eggshell plaintiff” rule, meaning the at-fault driver must take you as they find you. For example, if the crash worsened your existing back problems or triggered dormant injuries, the responsible party is liable for the aggravation and additional treatment needed.
Watch out for the insurance company trying to blame everything on your pre-existing condition. In cases with pre-existing injuries, legal representation and bulletproof medical documentation are crucial.
How long do insurance companies have to respond to my claim in Missouri?
Missouri law requires insurance companies to acknowledge claims within 10 working days and begin investigating within 15 days. They must approve or deny your claim within 45 days of receiving all requested documentation. If they miss these deadlines without good cause, you may have a bad faith claim.
Should I get a rental car while mine is being repaired?
You may be entitled to a rental car paid by the at-fault driver’s insurance, but timing matters. Don’t rent on your own expecting reimbursement. Get the at-fault driver’s insurance company’s approval first, or you might get stuck with the bill. If liability is still being investigated, you may need to use your own rental reimbursement coverage (if you have it) and seek reimbursement later.
What if I was rear-ended by a government vehicle?
Claims involving government vehicles in Missouri can be complex and involve special rules and short filing deadlines. You typically must file a formal notice of claim within 90 days after the crash. Failure to do so could bar your case completely and leave you without compensation. An attorney familiar with claims against the government can help you meet every requirement.
Do I need to report a rear-end collision if there’s no visible damage?
In Missouri, you don’t generally have to report a crash with no injuries and property damage of less than $500. That said, some injuries like whiplash may not appear right away, and you may not notice vehicle damage in the chaos of an accident scene. Err on the side of caution, as failing to report seemingly minor crashes could hurt your chances of filing a claim later if injury symptoms or car damage emerge.