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

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 label describes how the vehicles met, but it does not decide 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 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, but that is not automatic. A vehicle that cuts in and stops short, brake lights that fail or a vehicle backing up may shift part or all of the fault. In a multi-vehicle pileup, each impact is a separate 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, citing minor vehicle damage. Medical records and photos of both vehicles help answer that argument, together with imaging such as an MRI when a doctor orders it.

What causes T-bone crashes

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. 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. Useful evidence includes 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 accident lawyer will usually try to collect video quickly, because many systems record over old footage within days or weeks.

Shared fault and comparative negligence

Fault is often shared. Most states apply some form 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 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

Every state sets its own statute of limitations for injury https://caraccidentlawyers.wiki/reference/medical-expenses/ claims, and claims against a government agency can require written notice much sooner. This article is general information, not legal advice, and it cannot predict the outcome of any claim.