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How Fault Works in Rear-End and T-Bone Car Accidents

3 min read
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 label 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 the speed of each car to the signals that controlled the intersection.

Why rear-end crashes happen

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 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 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 a prompt medical evaluation matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light vehicle damage. Medical records and photos of both vehicles help answer that argument, together with imaging such as an MRI when a doctor orders it.

How T-bone collisions 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 footage, dashcam video and witness statements, plus the event data recorder (EDR) in each car, which may store speed and braking data from the seconds before impact. A car accident lawyer will usually try to collect video quickly, since many systems overwrite footage within days or weeks.

Comparative negligence in these crashes

Fault is not always all or nothing. Most states apply some form of comparative negligence, which lowers a recovery by the injured person's share 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 percentage of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for even slight fault. A car accident attorney will know which rule applies in the state where the crash happened.

Deadlines and general information

Every state sets https://andygjfq850.silverstonebrief.com/posts/how-to-choose-a-car-accident-lawyer 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.