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 name of the crash describes how the vehicles met, but it does not settle who was at fault. A car accident lawyer reviewing one of these crashes will usually start with the sequence of events, from each car's speed to the signals that controlled traffic.
Why rear-end crashes 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. 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. A car 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 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 linked to 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, citing minor 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
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, 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.
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 store speed and braking data from the seconds before impact. A car crash lawyer will usually try to collect video quickly, because many systems record over old footage within days or weeks.
When both drivers share fault
Fault is often shared. 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 https://danteovsz281.iamarrows.com/how-long-a-car-accident-claim-takes-stage-by-stage even slight fault. A motor vehicle accident attorney can explain which rule applies 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 article is general information, not legal advice, and no article can predict how a claim will turn out.