How Fault Works in Rear-End and T-Bone Car Crashes
Rear-end and T-bone collisions come up again and again in injury claims. The name https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/alpharetta/ of the crash describes how the vehicles met, but it does not settle who was at fault. An auto accident lawyer reviewing these crashes will usually start with the sequence of events, from each car's speed to the signals that controlled traffic.
What causes rear-end collisions
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. 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 crash lawyer will sometimes request the other driver's phone records if 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. Symptoms such as neck pain and headaches may not appear 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, usually 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. 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, as well as the event data recorder (EDR) in each car, which may store speed and braking data from the seconds before impact. An auto accident attorney 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 reduces a recovery by the injured person's percentage 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 small number of jurisdictions still follow contributory negligence, which can bar recovery for any fault at all. A car accident attorney can explain which rule applies where the crash happened.
Deadlines and general information
Every 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 it cannot predict the outcome of any claim.