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Rear-End and T-Bone Collisions: How Fault Is Decided

What a Car Accident Attorney Looks at After a Rear-End or T-Bone Crash

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 settle who was at fault. An auto accident lawyer reviewing these crashes will usually start with the sequence of events, from each car's speed to the signals that controlled traffic.

Why rear-end crashes 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 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.

The trailing driver is often found at fault in a rear-end crash, yet that result is not automatic. A vehicle that cuts in and stops short, brake lights that fail or a vehicle backing up can shift some or all of the fault. In a multi-vehicle pileup, 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. 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, along with imaging such as an MRI when a doctor orders one.

What causes T-bone crashes

A T-bone collision happens when the front of one vehicle strikes the side of another, most often 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, and the Insurance Institute for Highway Safety (IIHS) evaluates side protection in its own 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 store speed and braking data from the seconds before impact. An auto accident attorney will usually try to collect video quickly, since many systems overwrite footage within days or weeks.

Comparative negligence in these crashes

Fault is often shared. Most states use some version of comparative negligence, which reduces a recovery by the injured person's percentage of fault. In states with modified comparative https://hectorpbhj053.clarionvale.com/posts/which-insurance-pays-after-an-auto-accident-uninsured-motorist-pip-and-medpay 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 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 its own statute of limitations for injury claims, and claims involving a government vehicle or agency can require written notice much sooner. This is general information and not legal advice, and it cannot predict the outcome of any claim.

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