What a Car Accident Attorney 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 decide 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 state traffic codes prohibit following another vehicle more closely than is reasonable and prudent, with attention to 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. 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 vehicle that cuts in and stops short, brake lights that fail 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 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 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. 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.
Why side-impact crashes happen
In a T-bone crash, the front of one vehicle strikes the side of another, usually 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, 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. 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 hold speed and braking data from the seconds before the crash. 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 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. 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 level of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for even slight fault. A motor vehicle accident attorney will know which rule applies in the state where the crash happened.
Deadlines and general information
Each state sets its own statute https://donovandoco503.stonefielddigest.com/posts/how-long-a-car-accident-claim-takes-stage-by-stage 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.