Rear-End and T-Bone Collisions: How Fault Is Decided
Rear-end and T-bone collisions come up again and again in injury claims. The label 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. Distracted driving is a common factor. NHTSA notes 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 may ask for the other driver's phone records when 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 may shift part or all of the fault. In a multi-vehicle pileup, every impact is its own 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. Symptoms such as neck pain and headaches may not appear until hours after the crash, which is one reason prompt medical care matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light vehicle damage. Photos of both cars and the medical records help respond to that argument, together with imaging such as an MRI when a doctor orders it.
What causes T-bone crashes
In a T-bone crash, the front of one vehicle strikes the side of another, most often at an intersection. Typical causes include failing to yield on a left https://pastelink.net/mkeooo5i turn and running a red light or a stop sign. The sides of a car have less room to absorb crash forces than the front or rear, which is why the Insurance Institute for Highway Safety (IIHS) rates side protection in a separate 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. Evidence can include signal timing records, intersection camera video, nearby business surveillance footage, dashcam video and witness statements, as well as the event data recorder (EDR) in each car, which may hold speed and braking data from the seconds before the crash. An auto accident attorney will usually try to collect video quickly, since many systems overwrite footage within days or weeks.
Shared fault and comparative negligence
Fault is not always all or nothing. Most states use some version of comparative negligence, which lowers a recovery by the injured person's share 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 any fault at all. A car accident attorney can explain which rule applies where the crash happened.
A note on deadlines
Every state sets its own statute of limitations for injury claims, and claims against a government agency can require written notice much sooner. This article is general information, not legal advice, and no article can predict how a claim will turn out.