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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 attorney looking at either type of crash will usually start with the sequence of events, from each car's speed https://lanebtwq637.tearosediner.net/which-insurance-pays-after-a-car-accident-uninsured-motorist-pip-and-medpay to the signals that controlled traffic.
Why rear-end crashes 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 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 can shift some or all of the fault. In a chain-reaction crash, every impact is its own event, and a middle car pushed into the car ahead may not be at fault for that 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. 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.
How T-bone collisions happen
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. 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, plus the event data recorder (EDR) in each car, which may hold speed and braking data from the seconds before the crash. A car accident lawyer will usually try to collect video quickly, since many systems overwrite footage within days or weeks.
Shared fault and comparative negligence
Fault is often shared. Most states use some version 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 percentage of fault. A small number of jurisdictions still follow contributory negligence, which can bar recovery for even slight fault. A motor vehicle 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 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.