Rear-End and T-Bone Collisions: How Fault Is Decided
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.
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. 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 accident attorney will sometimes request the other driver's phone records if distraction is suspected.
The trailing driver is often found at fault in a rear-end crash, yet that result 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 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 a rapid back-and-forth movement of the head. 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. 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
A T-bone collision happens when the front of one vehicle strikes the side of another, most often 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.
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 accident lawyer will usually try to collect video quickly, since many systems overwrite footage within days or weeks.
Shared fault and comparative negligence
Fault is not always all or nothing. Most states use some version 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
Each state sets its own statute of limitations for injury claims, and claims involving a government vehicle or agency can require https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/marietta/ written notice much sooner. This article is general information, not legal advice, and it cannot predict the outcome of any claim.