How Fault Works in Rear-End and T-Bone Car Accidents
Rear-end and T-bone collisions come up again and again 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 attorney looking at either type of crash 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, 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 https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/marietta/ 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 vehicle that cuts in and stops short, brake lights that do not work or a vehicle backing up can shift some 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.
Whiplash and soft tissue injuries
Rear-end impacts are often linked to 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 prompt medical care 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.
What causes T-bone crashes
A T-bone collision happens when the front of one vehicle strikes the side of another, usually 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 to absorb crash forces than its front or rear, which is why the Insurance Institute for Highway Safety (IIHS) rates side protection in a separate 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 store speed and braking data from the seconds before impact. A car crash lawyer will usually try to collect video quickly, since many systems overwrite footage within days or weeks.
When both drivers share fault
Fault is often shared. Most states use some version 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 percentage of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for even slight fault. An automobile accident lawyer 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 no article can predict how a claim will turn out.