Rear-end collisions are unfortunately common in the Kansas City metropolitan area, as well as other parts of Kansas and Missouri. In most cases, if your car is rear-ended by another vehicle, you won't be held liable in a Kansas City car accident. Both Kansas and Missouri traffic laws typically attribute fault to the driver who crashes into the rear of the front car. Therefore, you should call the insurance company of the driver who rear-ends you because they are responsible for paying for the damages.
The car accident attorneys at Devkota Law Firm note that Missouri is an "at-fault" state. This means that the driver who hit you is considered at fault, and their insurance company is liable for the resulting injuries. However, the law is wide and may consider issues such as contributory negligence. It is, therefore, in your best interest to contact a Missouri car accident attorney right away to help analyze the situation and determine the appropriate move.
Can You Sue for a Rear-End Collision in Kansas City?
Basically, you can sue for a rear-end collision in Kansas City if you’ve suffered injuries due to the accident caused by the negligence of another person. While rear-end collisions are often straightforward in terms of liability, sometimes there are legal disputes regarding fault or the extent of damages. If their insurance company refuses to provide a fair settlement, the only option to recover damages could be filing a personal injury lawsuit against the at-fault driver.
To successfully sue, you must be able to prove the other driver's negligence caused your injuries and financial losses. It is highly recommended that you consult with a Kansas City car accident lawyer. They are key in gathering the pertinent evidence and properly filing the lawsuit with the courts.
The Presumption of Fault in Rear-End Collisions
In Missouri rear-end collisions, the driver who struck the car in front is presumed to be at fault due to the rear-end doctrine. The reasoning is that drivers are supposed to maintain a safe following distance and be prepared to stop at any moment. If they fail to do so and collide with the vehicle in front, they are usually held responsible.
However, there are exceptions. For instance, if the lead vehicle made an abrupt stop without signaling or if their brake lights weren’t functioning, the driver who rear-ended them may not be entirely at fault. Other exceptions include:
- If you suddenly swerve your car in front of another vehicle
- Switch gears into reverse and collide with a car behind
- If you deliberately neglect to maintain your brake lights
- If you engage in road rage, which significantly increases crash likelihood
A unique situation arises when your car is rear-ended and pushed into the back of another vehicle. In this case, you'll need to demonstrate that the subsequent collision was involuntary. That way, the responsibility for both collisions may lie with the driver who initially hit your car, causing the chain reaction.
Note that in these cases, the presumption of fault might be challenged. A car accident attorney can help investigate these factors and determine who is truly liable for the accident.
Missouri Is a Fault-Based Auto Insurance State
Missouri follows a fault-based system for auto insurance. This means that the negligent driver is liable for the resulting damages. In a fault-based system like Missouri’s, you have multiple avenues for recovering compensation, but it also means that determining liability is critical. If you have coverage like MedPay or uninsured motorist coverage, for instance, your own insurance company may come in to cover certain expenses.
In addition, you may launch a claim against the at-fault party's insurance company. This is the most common method for seeking compensation in a fault-based system. However, if a fair settlement cannot be reached with the insurance company, you may choose to bring a personal injury lawsuit against the negligent party to seek compensation for damages.
In case the other driver disputes their fault or if there are shared responsibilities in the crash, you may face challenges in securing a fair settlement. This is where having legal representation becomes invaluable. Your attorney can help prove fault and hold the liable parties accountable.
Proving Another Driver’s Liability
To successfully hold the other driver liable, you must prove that their negligence led to the accident. This involves gathering strong evidence, such as photos of the scene, witness testimonies, police reports, and even dashcam footage to support your claim.
Also, you must demonstrate that the driver’s actions, whether failing to maintain a safe distance or being distracted, directly caused the collision.
In rear-end accidents, liability is often clear-cut, but there are times when both drivers may share some responsibility. Missouri follows a pure comparative negligence system (RSMo Section 537.765). This means that even if you are mostly at fault—say 99%—you can still recover damages, although they will be reduced by the same percentage. This means you will only receive 1% of the available settlement to reflect your level of fault contribution.
Seeking Full Compensation from the At-Fault Driver’s Insurance Company
Once you’ve established the other driver’s liability, the next step is seeking compensation from their insurance company. This can cover medical expenses, property damage, lost wages, and pain and suffering. However, insurance companies are likely to offer low settlements, especially if they believe you’re desperate to resolve the claim quickly.
Therefore, before accepting any offer, you need to engage with a car accident lawyer for an expert review of the settlement offer and negotiation for full and fair compensation. They will help you determine the true value of your claim, taking into account both immediate and long-term expenses resulting from the accident.
Consult a Missouri Car Accident Lawyer
If you’ve been rear-ended in Missouri, you need to consult with a car accident lawyer right away. This is because dealing with insurance companies in regard to fault and fair compensation can be a complex process. Having a legal representation ensures your rights are protected and increases your chances of obtaining proper compensation. In addition, a car accident lawyer from Devkota Law Firm will also ensure that you meet key legal deadlines for filing a personal injury claim in Missouri. Call us today at (816) 207-4255 to schedule a free case review.
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