How Fault Works in Rear-End and T-Bone Car Accidents
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 decide who was at fault. A car accident lawyer reviewing one of these crashes usually begins with the sequence of events, from the speed of each car to the signals that controlled the intersection.
How rear-end collisions happen
Many state traffic codes prohibit following another vehicle more closely than is reasonable and prudent, with attention to the speed of traffic and https://manuelktha309.clearhavendigest.com/posts/what-to-expect-from-the-insurance-adjuster-after-a-car-crash-2 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 crash lawyer may ask for the other driver's phone records when distraction is suspected.
In many rear-end crashes the trailing driver is found at fault, yet that result 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, each impact is a separate event, and a middle vehicle pushed forward may not be responsible for the second impact.
Neck injuries after a rear-end crash
Rear-end impacts are often associated with whiplash, a neck injury caused by the head snapping back and forth. Symptoms such as neck pain and headaches may not appear until hours after the crash, which is one reason a prompt medical evaluation matters. Insurance companies sometimes challenge injury claims after low-speed rear-end crashes, pointing to light 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
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 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, 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, as well as the event data recorder (EDR) in each car, which may hold speed and braking data from the seconds before the crash. A car accident lawyer 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 lowers a recovery by the injured person's share of fault. In states with modified comparative negligence, a person whose fault reaches 50 or 51 percent, depending on the state, may be barred from recovery, while pure comparative negligence allows a reduced recovery at any level of fault. A small number of jurisdictions still follow contributory negligence, which can bar recovery for any fault at all. A car accident attorney will know which rule applies in the state where the crash happened.
Deadlines and general information
Every 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 no article can predict how a claim will turn out.
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