Rear-End and T-Bone Collisions: How Fault Is Decided
What a Car Accident Lawyer Looks at After a Rear-End or T-Bone Crash
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. An auto accident lawyer reviewing these crashes usually begins with the sequence of events, from the speed of each car to the signals that controlled the intersection.
What causes rear-end collisions
Many state traffic laws bar drivers from following another vehicle more closely than is reasonable and prudent, with attention to the speed of traffic and the condition of the road. Distracted driving is a common 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 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, but that is not automatic. A vehicle that cuts in and stops short, brake lights that do not work or a vehicle backing up may shift part or all of the fault. In a chain-reaction crash, 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 https://augustzabs862.raidersfanteamshop.com/what-to-expect-from-the-insurance-adjuster-after-a-car-accident https://augustzabs862.raidersfanteamshop.com/what-to-expect-from-the-insurance-adjuster-after-a-car-accident impacts are often linked to 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. 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.
How T-bone collisions happen
A T-bone collision happens when the front of one vehicle strikes the side of another, usually at an intersection. Common causes include running a red light or a stop sign and failing to yield on a left turn. 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.
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. A car accident lawyer will usually try to collect video quickly, because many systems record over old footage within days or weeks.
Comparative negligence in these crashes
Fault is often shared. 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 level of fault. A small number of jurisdictions still follow contributory negligence, which can bar recovery for any fault at all. A motor vehicle accident attorney will know which rule applies in the state 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 article is general information, not legal advice, and no article can predict how a claim will turn out.