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What a Car Accident Attorney Looks at After a Rear-End or T-Bone Crash

3 min read
How Fault Works in Rear-End and T-Bone Car Crashes

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 the speed of each car to the signals that controlled the intersection.

How rear-end collisions happen

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 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 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, every impact is its own event, and a middle car pushed into the car ahead https://keeganprjc217.northcrestbrief.com/posts/the-timeline-of-a-car-accident-claim 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. 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, citing minor 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, usually at an intersection. Common causes include running a red light or a stop sign and failing to yield on a left turn. A car's sides have less space to absorb crash forces than its front or rear, which is why the Insurance Institute for Highway Safety (IIHS) rates side protection in a separate 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 will usually try to collect video quickly, because many systems record over old footage within days or weeks.

When both drivers share fault

Fault is not always all or nothing. 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 any fault at all. An automobile accident lawyer 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 against a government agency can require written notice much sooner. This is general information and not legal advice, and it cannot predict the outcome of any claim.