How Fault Works in Rear-End and T-Bone Car Accidents

Rear-End and T-Bone Collisions: How Fault Is Decided

Rear-end crashes and T-bone collisions are two crash types that come up often 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 to the signals that controlled traffic.

Why rear-end crashes happen

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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 accident attorney will sometimes request the other driver's phone records if distraction is suspected.

The trailing driver is often found at fault in a rear-end crash, but that is not automatic. A vehicle that cuts in and stops short, brake lights that do not work or a vehicle backing up may shift part or all of the fault. In a multi-vehicle pileup, every impact is its own event, and a middle vehicle pushed forward may not be responsible for the 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. Symptoms such as neck pain and headaches may not appear until hours after the crash, which is one reason a prompt medical evaluation matters. Insurers sometimes dispute injury claims from low-speed rear-end crashes, pointing to light vehicle damage. Photos of both cars and the medical records help respond to that argument, together with imaging such as an MRI when a doctor orders it.

Why side-impact crashes happen

In a T-bone crash, 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, and the Insurance Institute for Highway Safety (IIHS) evaluates side protection in its own 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. A car crash lawyer 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 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 percentage of fault. A few jurisdictions still apply contributory negligence, which can bar recovery for any fault at all. A car accident attorney will know which rule applies in the state where the crash happened.

Deadlines and general information

Each 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 no article can predict how a claim will turn out.