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

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. A car accident lawyer reviewing one of 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 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. Distraction is a frequent 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. An auto accident attorney 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 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 chain-reaction crash, every impact is its own event, and a middle vehicle pushed forward may https://mylesevcf442.oakridgedigest.com/posts/evidence-after-a-car-accident-police-reports-and-dashcam-video-2 not be responsible for the second impact.

Whiplash and soft tissue injuries

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. Medical records and photos of both vehicles help answer that argument, along with imaging such as an MRI when a doctor orders one.

How T-bone collisions 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. 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.

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, as well as the event data recorder (EDR) in each car, which may hold speed and braking data from the seconds before the crash. A car crash lawyer typically moves quickly to collect video, since many systems overwrite footage within days or weeks.

Shared fault and comparative negligence

Fault is often shared. Most states use some version 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 small number of jurisdictions still follow 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 article is general information, not legal advice, and it cannot predict the outcome of any claim.