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 name of the crash describes how the vehicles met, but it does not settle 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.
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 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. An auto accident attorney 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 fail 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. Neck pain and headaches may not show up 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, 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 https://remingtonxhuj050.summitquill.com/posts/police-reports-dashcam-video-and-car-crash-evidence 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 crash lawyer typically moves quickly to collect video, because many systems record over old footage within days or weeks.
When both drivers share fault
Fault is often shared. 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 level of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for any fault at all. An automobile accident lawyer will know which rule applies in the state 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 is general information and not legal advice, and no article can predict how a claim will turn out.