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How Fault Works in Rear-End and T-Bone Car Accidents

By @gunnerwbfd331
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 decide who was at fault. An auto accident lawyer reviewing these crashes usually begins with the sequence of events, from each car's speed to the signals that controlled traffic.

Why rear-end crashes happen

Many state traffic laws bar drivers from 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 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. An auto 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, but that is not automatic. A vehicle that cuts in and stops short, brake lights that do not work 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 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 linked to 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 a prompt medical evaluation matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light vehicle damage. Photos of both cars and the medical records help respond to that argument, together with imaging such as an MRI when a doctor orders it.

Why side-impact crashes happen

A T-bone collision happens when 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. A car's sides have less space to absorb crash forces than its front or rear, and the Insurance Institute for Highway Safety (IIHS) evaluates side protection in its own 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. 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, 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 percentage of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for any fault at all. An automobile accident lawyer will know which rule applies in the state where the crash happened.

Deadlines and general information

https://edwinuvjj741.birchreport.com/posts/nhtsa-traffic-crash-statistics-on-speeding-and-drunk-driving

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

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