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What a Car Accident Lawyer 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 crashes and T-bone collisions are two crash types that come up often in injury claims. The name of the crash describes how the vehicles met, but it does not settle who was at fault. A car accident attorney looking at either type of crash will usually start with the sequence of events, from each car's speed to the signals that controlled traffic.

How rear-end collisions happen

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. A car accident attorney may ask for the other driver's phone records when 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 fail or a vehicle backing up can shift some 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.

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. Symptoms such as neck pain and headaches may not appear 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. Medical records and photos of both vehicles help answer that argument, together with imaging such as an MRI when a doctor orders it.

How T-bone collisions 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. 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, plus the event data recorder (EDR) in each car, which may store speed and braking data from the seconds before impact. An auto accident attorney typically moves quickly to collect video, 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 https://kylerneia469.yousher.com/what-a-car-accident-attorney-looks-at-after-a-rear-end-or-t-bone-crash 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 few jurisdictions still apply contributory negligence, which can bar recovery for even slight fault. An automobile accident lawyer can explain which rule applies where the crash happened.

A note on deadlines

Each state sets its own statute of limitations for injury claims, and claims against a government agency can require written notice much sooner. This article is general information, not legal advice, and no article can predict how a claim will turn out.