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

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 decide who was at fault. A car accident lawyer reviewing one of these crashes will usually start with the sequence of events, from the speed of each car to the signals that controlled the intersection.

Why rear-end crashes 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 crash lawyer 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 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 multi-vehicle pileup, every impact is its own event, and a middle vehicle pushed forward may not be responsible for the second impact.

Whiplash and soft tissue injuries

Rear-end impacts are often linked to 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 a prompt medical evaluation 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.

What causes T-bone crashes

In a T-bone crash, 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. 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.

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 store speed and braking data from the seconds before impact. A car accident lawyer will usually try to collect video quickly, since many systems overwrite footage within days or weeks.

When both drivers share fault

Fault is often shared. Most states apply some form of comparative negligence, which lowers a recovery by the injured person's share 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 level of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for any fault at all. An automobile accident lawyer can explain which rule applies where the crash happened.

A note on deadlines

Every 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, https://chancepiuh517.evercolumn.com/posts/how-fault-works-in-rear-end-and-t-bone-car-accidents and it cannot predict the outcome of any claim.

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