Rear-End and T-Bone Collisions: How Fault Is Decided
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. 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.
What causes rear-end collisions
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.
https://kameronkmym430.iamarrows.com/car-accident-statistics-from-nhtsa-dataThe 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 may shift part or all of the fault. In a chain-reaction crash, each impact is a separate event, and a middle vehicle pushed forward may not be responsible for the 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. Neck pain and headaches may not show up 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, along with imaging such as an MRI when a doctor orders one.
How T-bone collisions happen
In a T-bone crash, the front of one vehicle strikes the side of another, usually at an intersection. Common causes include running a red light or a stop sign and failing to yield on a left turn. 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.
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, plus the event data recorder (EDR) in each car, which may hold speed and braking data from the seconds before the crash. An auto accident attorney typically moves quickly to collect video, 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. 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 small number of jurisdictions still follow contributory negligence, which can bar recovery for even slight fault. An automobile accident lawyer 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 involving a government vehicle or agency can require written notice much sooner. This article is general information, not legal advice, and it cannot predict the outcome of any claim.