Establishing Fault Is Essential For Recovering Damages From Whiplash Injuries in Liberty
Rear-end crashes are one of the most common car accidents. They can lead to severe injuries like whiplash. If you’ve been in a rear-end crash in Liberty, proving fault for whiplash injuries can be challenging without the right legal help. When dealing with whiplash, working with our accident attorney in Kansas can provide the support you need to make your case.
This article will explain how to establish fault after a rear-end collision and why it matters for your injury claim. Remember, fault matters because it directly impacts the compensation you can receive to cover your recovery and losses.
Quick Summary:
- Whiplash is a common injury from rear-end car collisions caused by a sudden jolt of the head forward and backward. This rapid motion can strain or tear the neck’s muscles, tendons, and ligaments, leading to pain and stiffness. Symptoms might appear immediately or days later, making it vital to see a doctor after a crash. Recognizing how whiplash happens can help you take the right steps for your recovery.
- Fault in rear-end collisions in Missouri is determined by evaluating various factors, including driver actions, traffic law violations, and evidence from the scene. Missouri’s “pure comparative fault” rule allows fault to be shared between drivers, which can reduce compensation based on your percentage of fault. Police reports, photos, witness statements, and road conditions all play a role in determining liability. Even in bad weather, drivers are expected to maintain safe speeds and distances. Collecting evidence and keeping records of injuries and damages can help support your case.
- Missouri’s Rear-End Collision Doctrine often places the blame on the driver who is behind in a rear-end accident. This rule assumes that the rear driver failed to maintain a safe distance, as Missouri law requires drivers to keep enough space between vehicles. However, the front driver can still be at fault if they suddenly stop without reason or have broken brake lights. This doctrine helps determine responsibility in rear-end collisions, but both drivers’ actions are considered.
- If you’ve suffered whiplash in Missouri due to someone else’s fault, you may be eligible for various types of compensation. These include medical expenses for treatments like doctor visits or therapy, lost wages for missed work and future earnings, and damages for pain, suffering, and emotional distress. You can also claim compensation for loss of enjoyment if your injury prevents you from enjoying activities or spending time with loved ones. Additionally, property damage and, in certain cases, punitive damages may be awarded to address vehicle repairs or punish reckless behavior.
- In Missouri, you generally have five years from the date of a rear-end accident to file a personal injury or property damage claim. Acting within this time is essential because missing the deadline could prevent you from seeking compensation. Exceptions may apply in specific cases which could pause the time limit. Taking timely action ensures your claim has a chance to be heard in court.
What is Whiplash and How Does It Occur in Rear-End Collisions?
Whiplash is a common injury that often happens in rear-end car collisions. It occurs when your head is suddenly jolted forward. Your seatbelt helps stop your body, but your head often keeps moving, snapping forward and then backward. This quick, forceful motion can stretch and tear your neck’s muscles, tendons, and ligaments, leading to pain and stiffness.
If you’ve been in a rear-end crash, you might feel the effects of whiplash right away, or it could show up hours or days later. Knowing what whiplash is and how it happens can help you understand why getting checked out by a doctor is so important if you’ve been in an accident.
How is Fault Determined for Whiplash Injuries in Missouri Rear-End Collisions?
When you’re involved in a rear-end collision, figuring out who is responsible can be confusing. In Missouri, specific factors are considered when deciding fault in these types of accidents. Here’s how fault for whiplash injuries is determined in rear-end accidents and what you need to prove in order to win your case:
Missouri’s Comparative Fault Rule
Missouri follows a rule called “pure comparative fault,” which means that both drivers’ actions are analyzed to determine who is at fault. If you are partially to blame, your compensation may be reduced by the percentage of your fault. For example, if you are found 20% at fault for stopping too suddenly, your settlement could be reduced by 20% (Mo. Rev. Stat. § 537.765).
Traffic Laws and Violations
The police will check whether either driver broke traffic laws. If the driver behind you was speeding or following too closely, they are usually considered at fault. Missouri law requires drivers to maintain a safe distance to avoid collisions (Mo. Rev. Stat. § 304.012).
Evidence from the Scene
Photos, skid marks, and vehicle damage can tell a lot about what happened. Rear-end collisions often leave clear evidence, like damage to the back of your car and the front of theirs. Witness statements and traffic camera footage may also support your case.
Police Reports
After the accident, the police will create a report describing what they think happened. This report may include observations, citations, and statements from both drivers. While it’s not the final word on fault, it is often used as evidence.
Your Actions Before the Crash
The insurance company and lawyers may look at your actions before the accident. Did you slam on your brakes without warning? Did you fail to signal a turn? These actions could partially shift fault to you, depending on the situation.
Weather and Road Conditions
Sometimes, the road or weather plays a role in rear-end collisions. Slippery roads, poor visibility, or debris might be factors that are taken into account when determining fault. However, even in bad weather, drivers are expected to adjust their speed and maintain a safe following distance.
By understanding how fault is determined in rear-end collisions, you can be better prepared to handle the situation. Always gather as much evidence as possible at the scene. Be sure to keep all records of your injuries and any damage to your vehicle, as these can help strengthen your case.
What is Rear-End Collision Doctrine in Missouri?
Missouri has a legal rule called the “Rear-End Collision Doctrine,” which often places the blame on the driver in the back. This doctrine helps decide fault in rear-end accidents by assuming the rear driver is responsible unless proven otherwise.
The reasoning behind this rule is simple: Missouri law requires drivers to keep a safe distance between their vehicle and the one in front of them to avoid collisions (Mo. Rev. Stat. § 304.012). If the rear driver crashes into the car ahead, they are usually considered to have failed to maintain a safe following distance. However, this doesn’t mean the front driver is always free of blame. If the front driver stops suddenly without a good reason or has faulty brake lights, they might share responsibility for the crash.
What Types of Compensation are Available for Whiplash Victims in Missouri?
Whiplash injuries might not seem serious at first, but they can cause lasting pain and limit what you can do every day. If you’ve suffered whiplash in Missouri due to an accident caused by someone else, you could be entitled to compensation. Below are the types of damages you can claim and what each one covers:
- Medical Expenses: You can recover money for the medical bills you’ve already paid and any future treatment you might need. This includes doctor visits, physical therapy, medications, and diagnostic tests like MRIs.
- Lost Wages: If your whiplash kept you from working, you can seek compensation for the income you missed. This includes not only what you’ve already lost but also any future earnings you might lose if the injury affects your ability to work.
- Pain and Suffering: Whiplash can cause constant discomfort and even affect your mental health. Missouri allows you to seek damages for physical pain and emotional distress caused by your injury.
- Loss of Enjoyment of Life: If your injury stops you from doing things you enjoy, such as hobbies or spending time with your family, you can claim damages for this loss. This category reflects how the injury changes your daily life.
- Property Damage: If your accident also damaged your vehicle or other belongings, you can claim money to repair or replace them. Even though this isn’t directly related to your injury, it’s an important part of getting back on track.
- Punitive Damages: In some cases, the court might award punitive damages if the at-fault driver was grossly negligent, like driving under the influence. These damages are meant to punish bad behavior and prevent it from happening again (Mo. Rev. Stat. § 510.263).
How Long Do You Have to File a Rear-End Accident Claim in Missouri?
If you’ve been involved in a rear-end accident, you might be wondering, “How long do you have to file a rear-end accident claim in Missouri?” The answer to this question is critical because missing the deadline could mean losing your chance to seek compensation for your injuries or damages. Taking action quickly helps protect your rights and ensures your claim can be heard.
In Missouri, the statute of limitations for filing a personal injury claim from a car accident, including rear-end collisions, is five years from the date of the accident (Missouri Revised Statutes § 516.120). This means you must file your claim within that time, or the court may refuse to hear your case. For claims involving only property damage, the same five-year deadline applies.
Certain situations may extend or change this time limit. For example, if you were under 18 at the time of the accident, the five-year period doesn’t begin until you turn 18. Similarly, if the person who caused the accident leaves the state for a while, the deadline might pause until they return. These exceptions are rare, but they can make a difference in some cases.
How Our Accident Attorney in Kansas Helps Prove Fault for Whiplash Injuries
Rear-end collisions can cause more than just car damage; they can lead to painful injuries and a lot of stress. Dealing with insurance companies, proving fault, and understanding Missouri law can be confusing, especially when you’re trying to recover from your injuries.
At Noland Law Firm, LLC, our accident attorney in Kansas can be your advocate, helping you through each step of the process. We can investigate the accident, gather evidence, and negotiate with insurance adjusters to get you the full and fair compensation you deserve. We can also represent you in court if necessary, fighting for your rights every step of the way.
If you’ve been injured in a rear-end collision in Missouri, don’t face it alone. Our personal injury law firm is here to help. Contact us now to schedule an initial consultation. Let us fight for you so you can focus on healing.
