How Fault Works in Rear-End and T-Bone Car Crashes
Rear-end crashes and T-bone collisions are two crash types that come up often in injury claims. The label describes how the vehicles met, but it does not settle who was at fault. An auto accident lawyer reviewing these crashes will usually start with the sequence of events, from each car's speed to the signals that controlled traffic.
What causes rear-end collisions
Many state traffic codes prohibit following another vehicle more closely than is reasonable and prudent, with attention to the speed of traffic and the condition of the road. Distraction is a frequent 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. An auto 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 vehicle that cuts in https://rentry.co/6zdp2922 and stops short, brake lights that fail 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 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 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 a prompt medical evaluation matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light vehicle damage. Medical records and photos of both vehicles help answer that argument, along with imaging such as an MRI when a doctor orders one.
What causes T-bone crashes
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. 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. Occupants on the struck side can suffer serious injuries, including traumatic brain injury and pelvic fractures.
These crashes often turn on 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. A car accident lawyer 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 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 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.