What a Car Accident Lawyer Looks at After a Rear-End or T-Bone Crash
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 settle 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.
How rear-end collisions 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 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 may ask for the other driver's phone records when 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 do not work or a vehicle backing up can shift some or all of the fault. In a chain-reaction crash, 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, pointing to light 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, https://dantewaae540.almoheet-travel.com/car-accident-statistics-from-nhtsa-data which is why the Insurance Institute for Highway Safety (IIHS) rates side protection in a separate 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, as well as 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, 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. 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 percentage of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for even slight fault. A car accident attorney will know which rule applies in the state 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.