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

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

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 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 https://felixxmvi537.terracolumn.com/posts/how-uninsured-motorist-coverage-pip-and-medpay-work-after-a-car-crash 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. 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 crash lawyer may ask for the other driver's phone records when distraction is suspected.

The trailing driver is often found at fault in a rear-end crash, but that is not automatic. A car that cuts in and brakes suddenly, brake lights that do not work or a vehicle backing up may shift part 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 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. Insurance companies sometimes challenge injury claims after low-speed rear-end crashes, citing minor vehicle damage. Medical records and photos of both vehicles help answer that argument, along with imaging such as an MRI when a doctor orders one.

How T-bone collisions happen

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. The sides of a car have less room to absorb crash forces than the 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. 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. An auto accident attorney typically moves quickly to collect video, because many systems record over old footage within days or weeks.

Shared fault and comparative negligence

Fault is often shared. Most states apply some form of comparative negligence, which reduces a recovery by the injured person's percentage of fault. Under modified comparative negligence, a person found at least 50 or 51 percent at fault, depending on the state, may recover nothing, 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 even slight fault. 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 involving a government vehicle or agency can require written notice much sooner. This is general information and not legal advice, and it cannot predict the outcome of any claim.

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