St. Louis Rear-End Collision Attorney
Rear-end car accidents can cause massive damage to both your vehicle and the passengers inside.
Rear-end collisions are among the most common motor vehicle accidents and often cause serious injuries. The National Transportation Safety Board estimates that more than 2.5 million rear-end collisions happen annually in the United States. The effect of a rear-end collision while standing still can be much more severe on the muscles and bones than any other type of car accident.
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Understanding Injuries From Rear-End Collisions
Rear-end collisions often result in severe injuries, with whiplash being the most devastating. When your car is struck from behind, the impact can cause several serious injuries:
- Severe spinal damage
- Vertebral disc injuries
- Long-term neck trauma
- Chronic pain conditions
- Nerve compression
- Soft tissue damage
Many victims initially feel “fine” after the accident, but this can be misleading. Whiplash and spinal injuries often develop hours or days later, making immediate medical evaluation crucial for both your health and legal case.
Groundbreaking Research on Rear-End Collision Injuries
A comprehensive Swedish study using advanced motion sensor technology revealed critical findings about rear-end accidents. Researchers analyzed real-world crash data to understand how vehicles move during collisions, the role of impact speeds, and the relationship between driving behaviors and injury patterns.
Key Research Findings That Could Impact Your Case
The study uncovered two crucial facts that could affect your claim:
- A direct correlation between impact speed and whiplash severity
- There is a significantly higher risk of permanent neck injury when the rear driver accelerates at impact
Surprisingly, when both vehicles moved at similar speeds, victims experienced fewer long-term symptoms, regardless of velocity.
Understanding Whiplash: Beyond the Basics
Whiplash occurs when your neck’s supporting structures – tendons and ligaments – are violently stretched beyond their natural limits. The mechanics are brutal, with your head being thrust forward suddenly while your neck snaps backward forcefully, causing severe trauma to soft tissues and support structures.
Recovery varies significantly among victims, with some healing within weeks through therapy while others face chronic, lifelong complications. Common secondary conditions include:
- Persistent shoulder pain
- Severe headaches
- Reduced mobility
- Chronic pain syndromes
How Our Rear-End Accident Attorneys Fight For You
With decades of experience handling rear-end collision cases, we understand these injuries’ complex medical and legal challenges. Our comprehensive approach includes thorough accident scene investigation, evidence collection, and expert medical testimony to build your strongest possible case.
We aggressively pursue maximum compensation for:
- Current and future medical expenses
- Vehicle damage and property loss
- Lost wages and earning capacity
- Pain and suffering
- Long-term care needs
Don’t let insurance companies minimize your injuries. Contact us today for a free consultation and learn how we can help protect your rights and secure the compensation you deserve.
Injured in a Rear-End Car Accident in St. Louis?
24/7 FREE CONSULTATION (314) 361-4242Who Is at Fault in a Rear-End Accident?
This past August, in the western district of the Missouri Court of Appeals, a verdict was upheld that favored the trailing vehicle in a rear-end collision case. The ruling was based on the defendant’s admission to hitting the lead vehicle, but the circumstances did not allow any other course of action. As the driver topped the hill, she could not see that the car in front of her stopped, nor was there any way for her to know that there would be stopped vehicles at the bottom since there were no stop signs or signals on the two-lane road. The plaintiff’s attorney quickly disproved all possible means of avoiding the accident. An oncoming car and no shoulder did not allow the trailing vehicle to veer out of the way. State trooper testimony stated that the hill obstructed the driver’s line of sight and that skid marks prove that she stepped on the brake as soon as she crested the hill and could see the cars stopped in front of her.
There is a rule while driving that is referred to as the ACDA rule, or assured clear distance ahead. Careful drivers know to give themselves ample space from the car in front of them and follow the 3-second rule. There should always be at least 3 seconds between you and the vehicle ahead, or more if poor road conditions exist, such as ice. This should ensure plenty of time to stop if the car in front of you were to brake suddenly.
However, there are instances where the lead car could be found at fault. For example, they may weave suddenly into your lane on a highway or enter a road directly in front of you without first checking to ensure ample space. In cases such as this, the driver of the trailing car should seek the advice of a Missouri car accident attorney. They would better help you determine who is truly at fault.
Other factors to consider when assigning blame in these cases are obscured vision caused by darkness or fog, being tired or ill while driving, or taking certain medications. Brake pads that have not been changed recently, driving a car that you are unfamiliar with, speeding, or being distracted are also common factors in rear-end collisions. All of these possibilities will be explored in a rear-end collision case. That is why it is essential to let your Missouri car accident attorney know of any mitigating factors when you present your
What To Do if You’ve Been Rear-Ended
If you have been involved in a rear-end collision in St. Louis, you should take a few important steps to protect your legal rights.
- Seek Medical Care Immediately: Because rear-end car accidents involve a car slamming into each other at full force, injuries are common. Whiplash injuries to the spine, neck, and back often happen after a rear-end car accident injury. However, some injuries may not be apparent at the time. Regardless, it’s a good idea to seek medical care immediately.
- Document the Scene and Take Pictures: After the crash, you’ll want to exchange insurance information with the other driver and take pictures of the scene. Do not admit fault at the scene. Notify your insurance company and the police. If a police offer comes, he may ask you to make a statement about what happened at the scene. If there were witnesses, he might ask them as well. A police report can be valuable later for your attorney if the fault is disputed or you must prove to your insurance company that you weren’t at fault.
- Speak With a St. Louis Car Accident Lawyer: If you have been involved in a rear-end collision, speak with an experienced attorney as soon as possible. Contact The Hoffman law firm for a free consultation.
Comparative Fault
Some states are what’s called “no-fault” states regarding car accidents. If one driver is found to be at fault in a no-fault state, they are 100% responsible for the accident and must pay all damages. Missouri is a comparative fault state.
Comparative fault makes things a little less black and white by assigning a percentage of blame for the crash. A judge might find you and the other driver were both 50% responsible for a crash and thus, you would each be entitled to only 50% of the damages you would normally collect. This accounts for the possibility that multiple people could cause an accident.
The Rear-End Collision Doctrine
In Missouri, there is a “rear-end collision doctrine.” The driver that rear-ends the other driver is generally assumed to have been negligent by default. The rear-end collision doctrine states that drivers must always control their vehicles and use the highest degree of care possible while driving. Rear-ending another driver is assumed to violate this doctrine. However, it isn’t necessarily a guarantee the rear-ending driver will be found at fault.
Fighting the Insurance Companies for You
After a rear-end car crash, very little damage may be done to your car. Insurance companies take this as a sign that no one was seriously hurt. This is far from the truth of what happens. Rear-end car accident injuries can take a long time to develop fully. That is why seeking medical attention and speaking with a knowledgeable attorney is critical. We have experience negotiating and litigating with insurance companies to get our clients the full recovery they deserve.
Contact a Personal Injury Lawyer
Call (314) 361-4242 or fill out our online contact form for dedicated legal assistance with your rear-end collision. We offer free consultations in all personal injury cases, and you never pay attorney fees unless we recover compensation for you.
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Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!
Frequently Asked Questions
What should I do immediately after a rear-end collision in St. Louis?
Ensure your safety and the safety of others, then call 911 to report the accident. It’s crucial to seek medical attention, even if you feel fine, as some injuries may not be immediately apparent. Document the scene by taking photos and gathering contact information from witnesses. Then, consider consulting a St. Louis rear-end accident attorney to protect your rights.
How do I know if I have a case after a rear-end accident?
You likely have a case if you’ve been injured in a rear-end collision due to another driver’s negligence. Negligence may involve tailgating, distracted driving, or violating traffic laws. An experienced rear-end accident attorney can assess your situation to determine if you have a valid claim.
Can I still receive compensation if I was partially at fault for the rear-end accident?
Yes, Missouri follows a pure comparative fault rule, which means you can still recover damages even if you’re partly responsible for the accident. However, your compensation will be reduced by the percentage of your fault. We can help you navigate these complexities to ensure a fair outcome.
What types of damages can I recover in a rear-end collision lawsuit?
You may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and property damage. In some cases, punitive damages may also be awarded. Our firm works diligently to maximize our client’s compensation.
How Long Do I Have to File a Rear-End Accident Claim in Missouri?
Under Missouri law (§516.120), you generally have five years from the date of the accident to file a personal injury claim for a rear-end collision. However, there are important factors that affect this timeline:
- Personal Injury Claims: 5 years from accident date
- Wrongful Death Claims: 3 years from date of death
- Property Damage Only: 5 years from accident date
While you have up to 5 years to file, it’s crucial to take action quickly because:
- Evidence can disappear or deteriorate over time
- Witness memories fade
- Vehicle damage may be repaired or vehicles disposed of
- Accident scene conditions change
- Medical documentation is most valuable when created close to the incident
Important Legal Considerations:
- Rear-End Doctrine: Missouri’s rear-end doctrine generally presumes the rear driver’s negligence, but evidence must be preserved to maintain this advantage
- Insurance Claims: Insurance companies often have much shorter deadlines for filing claims
- Economic Damages: Documentation of medical bills and lost wages should begin immediately
- Non-Economic Damages: Pain and suffering claims are stronger with prompt medical attention and documentation
While the law allows 5 years, we recommend contacting an attorney within days or weeks of your accident to ensure the strongest possible case and maximum compensation.
Why should I choose The Hoffmann Law Firm, L.L.C., for my rear-end accident case?
Christopher Hoffmann has over 25 years of experience exclusively handling car accident claims in St. Louis and throughout Missouri. Our firm is dedicated to providing personalized, aggressive representation to secure the best possible outcome for our clients. We operate on a contingency fee basis, meaning you pay nothing unless we win your case.
How can I schedule a consultation with The Hoffmann Law Firm, L.L.C.?
You can schedule a free, no-obligation consultation by calling our office at (314) 361-4242 or filling out the contact form on our website. During the consultation, we’ll review your case, answer your questions, and discuss how we can assist you in achieving justice and compensation for your losses.