Rear-End and T-Bone Collisions: How Fault Is Decided
Rear-end and T-bone collisions come up again and again in injury claims. The name of the crash 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 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 accident attorney will sometimes request the other driver's phone records if distraction is suspected.
In many rear-end crashes the trailing driver is found at fault, but that is not automatic. A car that cuts in and brakes suddenly, 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 car pushed into the car ahead may not be at fault for that 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. 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. Medical records and photos of both vehicles help answer 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, most often at an intersection. Typical causes include failing to yield on a left turn and running a red light or a stop sign. The sides of a car have less room to absorb crash forces than the front or 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.
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 crash lawyer will usually try to collect video quickly, since many systems overwrite footage within days or weeks.
When both drivers share fault
Fault is often shared. Most states apply some form 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 even slight fault. A motor vehicle 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 against a government agency can require written notice much sooner. This is general information and not legal advice, and no article can predict https://holdenhxdz092.bearsfanteamshop.com/who-is-liable-in-a-car-crash how a claim will turn out.