Rear-End Accidents Is the Trailing Driver Liable

Rear-End Accidents: Is the Trailing Driver Liable?

Car accidents occur in many different ways. One scenario involves a trailing car rear-ending the one in front of it. This type of accident is very common—in fact, there are about 1.7 million rear-end car accidents in the U.S. every year. Many people believe that the trailing driver—the one who rear-ends the other car—is automatically held liable in accidents like these. But, that’s not necessarily true.

When is the Trailing Driver Liable?

Every driver is responsible for leaving ample space between his car and the car in front of him. This way, each driver has enough space to stop his car and avoid a collision if the driver in front of him suddenly slows down or slams on his brakes. If a driver fails to leave enough space, he could rear-end the car in front of him when he is forced to suddenly come to a stop. This accident could have been avoided if the trailing driver had simply fulfilled his legal duty as a safe driver. For this reason, the trailing driver is often held liable for rear-end accidents.

When is the Leading Driver Liable?

The fault does not always lie solely with the trailing driver. Sometimes, the leading driver is partially to blame for a rear-end accident. For example, let’s say the leading driver’s car did not have brake lights at the time of the accident. As a result, the trailing driver could not tell when the leading driver was braking. In this case, both drivers may share fault. The leading driver is at fault for driving a car that did not have brake lights, whereas the trailing driver is at fault for not leaving enough space between the two cars to safely come to a stop.

If both drivers are partly to blame, who will recover compensation? The laws of comparative negligence come into play when two or more parties share fault in a personal injury case. These laws state that a jury must decide how each party contributed to the accident before compensation is awarded. For instance, let’s say a jury believes the trailing driver is 60% liable, and the leading driver is 40% liable for the crash. The jury also decides that the leading driver is entitled to $10,000 for his injuries. Since the leading driver was 40% liable, he will only receive 60% of the compensation he has been awarded. This ensures the driver is not fully compensated for an accident that he is partially responsible for causing.

Have you been injured in a rear-end accident? If so, contact The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC at once. Rear-end accidents can lead to serious long-term injuries, and our personal injury attorneys will ensure you are fully compensated for these damages. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.

Theft vs. Burglary vs. Robbery What’s the Difference

Theft vs. Burglary vs. Robbery: What’s the Difference?

The words theft, burglary, and robbery are often used interchangeably. But in Missouri, these are three different crimes that each carry serious consequences. Here’s a look at the differences between theft vs. burglary vs. robbery:

What is Theft?

Theft is referred to as stealing in the state of Missouri. According to the state law, a person commits this crime when he takes property or services without consent and with the intention of keeping them from the owner.

This crime can be charged as a misdemeanor or felony depending on the type and value of the property or services that were stolen.

What is Burglary?

Burglary is very different from theft. The crime of burglary is committed when a person enters a building or home with the intent to commit a crime while inside. It’s important to note that the offender does not need to actually commit a crime in order to be charged with burglary. If he had the intent to commit the crime once inside the building but he never committed it, it’s still considered burglary.

It is common for someone to illegally enter a building with the intention of committing theft, but the crime of burglary does not always involve theft. For example, let’s say someone illegally enters a building in order to vandalize it. This person would be charged with burglary because he entered a building with the intent to commit a crime—even though the crime he planned on committing was not theft.

Burglary is charged as a class D felony in many cases. However, if the offender was armed at the time the crime was committed, it is charged as a class B felony. It’s also a class B felony if someone was present inside the building or if someone was injured or threatened while the burglary occurred.

What is Robbery?

Both robbery and theft involve stealing another person’s property or services. But, the crime of robbery involves the use of force, whereas theft does not. Robbery is a class B felony, but it becomes a class A felony when the use of a deadly weapon was involved. It’s also a class A felony if the victim is seriously injured as a result of the robbery.

Have you been charged with theft, burglary, or robbery? If so, contact The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC at once. Our experienced criminal defense attorneys will stand by your side and fight for your freedom until your case has been resolved. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today

When Is An Arrest Warrant Issued

When Is An Arrest Warrant Issued?

An arrest warrant is a document that gives law enforcement the right to legally arrest a specific person. Law enforcement officers cannot obtain an arrest warrant without a judge’s approval. In fact, this document is not official until a judge has signed it. When will a judge sign off on an arrest warrant? Here’s what you should know:

How Law Enforcement Obtains Arrest Warrants

If a law enforcement officer sees someone committing a crime, he can arrest the person without an arrest warrant. However, if an officer does not witness the commission of the crime, he must obtain an arrest warrant first.

Law enforcement officers must submit an affidavit that outlines the evidence against the suspect. The evidence must be strong enough to establish probable cause that the suspect named in the document committed the alleged crime.

For example, let’s say a home in the community was robbed. An officer might establish probable cause by mentioning that the suspect was identified by someone in the community after surveillance footage of the robbery was released. DNA evidence collected at the scene can also be used to establish probable cause. If this evidence is presented, it’s very likely that the judge would sign off on the arrest warrant. However, the suspect cannot be arrested simply because he matches a vague description of the robber that could apply to countless other people in the area. This evidence is not strong enough to establish probable cause, so the arrest warrant will not be issued.

What Happens After An Arrest Warrant is Issued

Law enforcement officers can arrest the person named in the warrant at any time after the warrant has been issued. This means the suspect can be arrested at their home, during a traffic stop, or even at their work. But, the arrest may not occur immediately after the warrant is authorized. Law enforcement agencies across the country have thousands of outstanding warrants, so you may not have to worry about hearing a knock on your door right after the warrant is issued. However, if you believe there is a warrant out for your arrest, it’s best to hire an attorney as soon as possible to help with the situation.

Is there a warrant out for your arrest? If so, contact The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC at once. Let our criminal defense attorneys protect your rights and fight for your freedom. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.