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

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

Rear-end and T-bone collisions come up again and again in injury claims. The label describes how the vehicles met, but it does not decide who was at fault. A car accident attorney looking at either type of crash will usually start with the sequence of events, from the speed of each car to the signals that controlled the intersection.

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 https://jaredgouq798.evergrovio.com/posts/insurance-adjusters-total-losses-and-diminished-value and the condition of the road. Distraction is a frequent 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 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, yet that result is not automatic. A car that cuts in and brakes suddenly, brake lights that fail or a vehicle backing up may shift part or all of the fault. In a chain-reaction crash, each impact is a separate 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 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 a prompt medical evaluation matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light 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.

What causes T-bone crashes

In a T-bone crash, 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. 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. 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 crash lawyer typically moves quickly to collect video, because many systems record over old footage within days or weeks.

Shared fault and comparative negligence

Fault is not always all or nothing. Most states apply some form of comparative negligence, which lowers a recovery by the injured person's share 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 small number of jurisdictions still follow contributory negligence, which can bar recovery for even slight fault. An automobile accident lawyer will know which rule applies in the state 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 is general information and not legal advice, and no article can predict how a claim will turn out.