Rear-end car accidents—where one vehicle crashes into the back of another—are one of the most common car accidents on the roadway today. Even though they don’t typically cause fatalities, they often lead to serious injuries such as whiplash, spinal trauma, and concussions.
Understanding your legal options is essential if you’ve been involved in one. Here are some things you need to know about rear-end car accidents.
Most often, the driver who collided into the rear of the front, or lead, vehicle is considered to be at fault under both Missouri and Kansas law, which is based on the expectation that drivers maintain a safe following distance and remain alert.
However, there are exceptions to this rule. An experienced car accident attorney can help determine fault.
Exception: Brake Checking
If the lead driver intentionally slams on the brakes—known as “brake checking”—to intimidate or retaliate against a tailgater, they may be held liable. Courts will assess whether the lead driver had a legitimate reason to brake suddenly.
Comparative Negligence in Missouri
The courts assign fault in car accident cases. In the state of Missouri, liability in car accidents is determined using a comparative negligence doctrine, meaning fault can be shared between drivers. The court can assign a percentage of liability to each party based on the circumstances of the crash.
Note: This is a general overview and does not cover all possible scenarios. Consult an attorney for personalized guidance.
Missouri is one of several states that have adopted what is called the “rear-end collision doctrine.” This doctrine addresses the unique situations created by rear-end collisions. Under this, the injured driver of the lead vehicle is not required to prove a specific negligent act of the rear colliding driver. Instead, they must demonstrate:
The judge examines all aspects of the car accident and then determines if the doctrine should apply; if it does, then the doctrine shifts the burden to the at-fault driver to prove he or she utilized the highest degree of care under the circumstances.
Have you been in a rear-end car accident? Call us at (877) 284-6600 for a free, no-obligation case review.
Drivers have a general duty to operate their vehicles reasonably and safely to protect others. Operating a vehicle in any manner that breaches these duties may be considered to have been negligent.
Tailgating. When one vehicle follows too closely behind another, it results in the tailgater’s inability to stop in time (reducing reaction time)✅ Safety Tip: Use the 3-Second Rule to Avoid Tailgating
To maintain a safe following distance, pick a stationary object (like a sign) and count to three after the car ahead passes it. If you pass the object before reaching three, you’re too close. In poor weather or heavy traffic, increase this to four seconds or more.
Drivers and passengers in rear-end collisions often suffer from soft tissue (whiplash), concussions, or head injuries due to the head snapping back and forth.
Even low-speed rear-end accidents can cause significant harm. Victims may suffer:
If you have been seriously injured in a rear-end car accident, a personal injury or car accident attorney may be able to obtain costs of:
In any accident, the insurance company for the at-fault party is not your friend. Their goal is to settle for the least amount. The attorneys at Nash & Franciskato will make sure you are treated fairly and avoid common mistakes that may happen when you are acting on your own.
Insurance companies often aim to settle quickly—and cheaply. At Nash & Franciskato, our experienced personal injury attorneys fight to ensure you’re treated fairly and receive the compensation you deserve. We offer:
Don’t face the aftermath of a serious crash alone. Contact our Kansas City-based law firm at (877) 284-6600. One of our experienced staff members will speak with you personally and will provide you with a free, no-obligation review of your case. Prefer to chat? Use our online chat or Text Us widget.
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Editor’s Note: This post was originally published on January 17, 2023. It was reviewed on August 29, 2025, for content and accuracy, and updated.
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