Rear-End and T-Bone Collisions: How Fault Is Decided
Rear-end crashes and T-bone collisions are two crash types that come up often in injury claims. The name of the crash describes how the vehicles met, but it does not settle who was at fault. A car accident lawyer reviewing one of these crashes usually begins with the sequence of events, from each car's speed to the signals that controlled traffic.
What causes rear-end collisions
Many state traffic laws bar drivers from following another vehicle more closely than is reasonable and prudent, taking into account the speed of traffic and the condition of the road. Distraction is a frequent factor. NHTSA explains that sending or reading a text takes a driver's eyes off the road for 5 seconds, which at 55 mph is like driving the length of a football field with eyes closed. A car accident attorney will sometimes request the other driver's phone records if distraction is suspected.
The trailing driver is often found at fault in a rear-end crash, but that is not automatic. A car that cuts in and brakes suddenly, brake lights that do not work or a vehicle backing up can shift some or all of the fault. In a chain-reaction crash, each impact is a separate event, and a middle car pushed into the car ahead may not be at fault for that second impact.
Neck injuries after a rear-end crash
Rear-end impacts are often associated with whiplash, a neck injury caused by a rapid back-and-forth movement of the head. Neck pain and headaches may not show up until hours after the crash, which is one reason prompt medical care matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, citing minor vehicle damage. Photos of both cars and the medical records help respond to that argument, along with imaging such as an MRI when a doctor orders one.
Why side-impact crashes happen
A T-bone collision happens when the front of one vehicle strikes the side of another, most often at an intersection. Typical causes include failing to yield on a left turn and running a red light or a stop sign. A car's sides have less space https://caraccidentlawyers.wiki/reference/distracted-driving/ to absorb crash forces than its front or rear, and the Insurance Institute for Highway Safety (IIHS) evaluates side protection in its own side-impact crash test. People seated on the struck side can suffer serious injuries such as traumatic brain injury or pelvic fractures.
Disputes in these crashes often come down to who had the right of way. Useful evidence includes signal timing records, intersection camera video, nearby business surveillance footage, dashcam video and witness statements, plus the event data recorder (EDR) in each car, which may store speed and braking data from the seconds before impact. An auto accident attorney will usually try to collect video quickly, because many systems record over old footage within days or weeks.
Shared fault and comparative negligence
Fault is not always all or nothing. Most states apply some form of comparative negligence, which reduces a recovery by the injured person's percentage of fault. Under modified comparative negligence, a person found at least 50 or 51 percent at fault, depending on the state, may recover nothing, while pure comparative negligence allows a reduced recovery at any percentage of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for even slight fault. A car accident attorney can explain which rule applies where the crash happened.
Deadlines and general information
Each state sets its own statute of limitations for injury claims, and claims involving a government vehicle or agency can require written notice much sooner. This is general information and not legal advice, and it cannot predict the outcome of any claim.