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 name of the crash describes how the vehicles met, but it does not decide who was at fault. A car accident lawyer reviewing one of these crashes usually begins 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, taking into account 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. An auto 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, 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 can shift some or all of the fault. In a chain-reaction crash, every impact is its own 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 a rapid back-and-forth movement of the head. Symptoms such as neck pain and headaches may not appear until hours after the crash, which is one reason a prompt medical evaluation matters. Insurance companies sometimes challenge injury claims after 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.
Why side-impact crashes happen
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. 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) https://caraccidentlawyers.wiki/reference/drunk-driving/ 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. 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 store speed and braking data from the seconds before impact. A car crash lawyer typically moves quickly to collect video, since many systems overwrite footage within days or weeks.
Comparative negligence in these crashes
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 can explain which rule applies where the crash happened.
Deadlines and general information
Each 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 no article can predict how a claim will turn out.