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 label describes how the vehicles met, but it does not decide who was at fault. A car accident attorney looking at either type of crash usually begins with the sequence of events, from each car's speed to the signals that controlled traffic.
How rear-end collisions happen
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 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.
The trailing driver is often found at fault in a rear-end crash, 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 can shift some or all of the fault. In a chain-reaction crash, every impact is its own 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 a rapid back-and-forth movement of the head. 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. Medical records and photos of both vehicles help answer 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, most often 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. 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 crash lawyer typically moves quickly to collect video, since many systems overwrite footage within days or weeks.
https://telegra.ph/Which-Insurance-Pays-After-an-Auto-Accident-Uninsured-Motorist-PIP-and-MedPay-11-10Shared fault and comparative negligence
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 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
Each 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.