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 will usually start 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 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 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, yet that result 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 car pushed into the car ahead may not be at fault for that 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. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light vehicle damage. Photos of both cars and the medical records help respond to that argument, together with imaging such as an MRI when a doctor orders it.
What causes T-bone crashes
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 https://penzu.com/p/27f06c6a3b6ad656 rear, and the Insurance Institute for Highway Safety (IIHS) evaluates side protection in its own side-impact crash test. People seated on the struck side can suffer serious injuries such as traumatic brain injury or 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 crash lawyer typically moves quickly to collect video, since many systems overwrite footage within days or weeks.
When both drivers share fault
Fault is not always all or nothing. Most states apply some form of comparative negligence, which reduces a recovery by the injured person's percentage 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 any fault at all. A motor vehicle accident attorney can explain which rule applies where the crash happened.
Deadlines and general information
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 it cannot predict the outcome of any claim.