Who is At Fault in a T-Bone Accident?

Who is at Fault in a T-Bone Collision?

As the term suggests, a T-bone car accident is a kind of crash where the front of one car slams into the side of the other car, like the bone in a T-bone steak.

Side impacts account for almost a quarter of yearly car accident deaths in the U.S., according to the Insurance Institute for Highway Safety (IIHS).

Since a car’s side isn’t as well-protected as the front or rear, the results can be fatal.

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In a T-bone car accident case, the car that did not have the right of way is usually considered the at-fault party.

However, under some circumstances a share of fault can be attributed to other parties including the vehicle hit in the collision.

The majority of side impact accidents occur in intersections where one driver had the right of way, and the other driver failed to yield.

Running a red light or running a stop sign at an intersection are the most common causes of a t-bone accident.

The best car accident attorneys will tell you every car crash case is unique.

However, we'll discuss the fact patterns associated with T-bone collisions in-depth below to learn more about how this type of accident can impact your accident injury claim when seeking compensation.


Quick Answer

Generally, in a T-bone accident the driver that does not yield the right of way to the opposing vehicle will be cited as at-fault. However, there are a number of scenarios that can lead to parties sharing responsibility in a T-bone accident.

Why Are T-Bone Accidents So Deadly?

To understand what makes T-bone car accidents so deadly, take a close look at your car first. Whether it’s a sedan or SUV, all passenger vehicles are equally vulnerable due to their template frame.

In between the engine and cabin, a firewall or bulkhead protects the passengers from most impacts. Sedans have a trunk that, while not as well-protected, can keep the damage away from the driver and any passengers. The sides are kept lightweight and only a thin wall of steel protects the people in the car.

A small boost in speed can exponentially increase the force of impact. Updated IIHS crash tests showed that increasing the ramming speed from 31 to 37 mph was enough to impart 42% more energy into the crash.

 

 

Determining Fault in Side Impact accidents

In any collision event, determining fault and liability starts with the evidence at the scene, the police report, and any eye witness reports.

These accidents are typically caused by driver negligence at intersections, when a motorist runs a red light or doesn't stop at a stop sign. When motorists make illegal turns or fail to yield as expected it can have devastating consequences.

In our experience, a number of reasons can result in a driver's failure to yield:


  • Reckless speed
  • DUI/DWI Impaired Driving
  • Blocked View / Visibility Problems
  • Distracted Driving
  • Reckless Driving
  • Misjudgment of Distance When Turning / Driver Error

These negligent factors most commonly cause right of way violations resulting in collisions.

Outside of intersections we encounter t-bone accidents happening as a result of an illegal U-turn or coming out of a driveway and getting hit broadside.


Who is at fault in a t-bone accident?

Generally, determining who is to blame in a t-bone crash isn't as complex as for example in a multi-vehicle collision event, as the right of way rule determines who was at fault more often than not.

When the police get to the scene, they will review the physical evidence and reports of what happened by participants and eyewitnesses in order to make a determination of who had the right of way and what caused the accident.

A successful car accident claim will need to establish that the opposing driver was negligent and that their actions caused the accident. It's incredibly important for victims, as the injury profile of victims in t-bones accidents tends to be very bad. Establishing fault in a t-bone collision is critical as it affects compensation eligibility in the resulting insurance claim or legal action to follow.

Below are some details that can influence liability.


1. Driver Error

Driver Error   It’s not always the driver hit in a t-bone accident that’s entirely responsible. The other party may have run a red light or have been texting before the collision. Traffic violations and other bad calls can pile up and even deny the victim compensation if proven they contributed more to the wreck.

 

2. Damage and Injuries

Resulting Damages   T-bone accident injuries can often be delayed. For example, head, neck, and back injuries including traumatic brain injury can commonly present symptoms several days after the event as swelling, soft tissue damage, and potential bleeds worsen. Motorist may start feeling headaches and neck or back pain after an accident. Whiplash from the sudden stop can shake the brain and damage the sensitive tissue.

 

3. Vehicular Defects

Faulty Equipment Systems   A faulty system that caused the car to accelerate for no reason can be a contributing factor in some cases. Alternatively a brake failure which prevented stopping may have played a role. The degree of fault one party holds depends on the nature of the defect. Sometimes, the automaker may have overlooked this issue in production; other times, the car owner failed to address it. An investigation by your injury attorney will usually uncover any defects which may have played a role.

 

4. Clear and Present Intent

Unintentional vs. Clear Intent to Cause Harm   Determining fault is more straighforward if there’s a clear and present intent to cause the accident, if not harm. At this point, the nature of the case will most likely escalate to the lines of assault or battery. However, as most accidents are unintentional, this is hard to prove.

 

Damages: Determining Compensation for Injuries

Different negligence methods will be used to apply a degree of fault depending on the jurisdiction in which the accident took place. Depending on the state where the accident occurred, it may employ one of three methods.

Potential Damages in a T-Bone Accident

Medical Bills

All medical costs as a result of injuries sustained in a T-Bone accident should be included in your claim. This includes any expenses related to hospital visits, rehabilitation, prescription medicine, physical therapy, ongoing treatment costs, and any life-long impact or costs associated with disability related to the crash.

Lost Wages

The economic damages which should be considered in your accident claim include lost wages past and future. The valuation of your personal injury claim should consider what earnings were lost while your ijuries prevented you from working as well as future income and opportunity loss.

Pain & Suffering

Where state tort law allows, non-economic damages may be available. You may be entitled to compensation for pain and suffering endured as a result of the wreck. Painful injuries and the subsequent recovery process should be accounted for in your injury claim, as well as any other losses you can show which were a result of the injuries sustained.



How a Car Accident Injury Lawyer Can Help

Injuries or deaths from a T-bone collision are real. We recently reviewed a horrific T-bone accident near the Mexican border that left a Ford Expedition totaled, as well multiple occupants killed. The vehicle that T-boned them was a semi truck, which slammed full broadside into the SUV.

Even though side collisions aren’t as common as head-on wrecks, the injuries suffered by victims can be devastating.

A personal injury lawyer will be able to help you pursue the best possible outcome after a t-bone accident.

When you've been in a collision, after seeing to initial safety considerations and reporting the accident to the police for emergency help, accept professional medical treatment for your injuries. Even if you feel generally ok, seek medical care from a professional, to rule out anything more serious and to document your physical condition.

This is important. No matter how severe the crash, seek professional medical care from a doctor. You can expect the insurance companies to fight.

Your lawyer will handle all communications with the insurance company, evidence gathering, and negotiate with the insurers during the settlement process. They will be able to advise you on who was determined to be at-fault and your legal options for compensation.

You can focus on recovery once you've got an experienced attorney in your corner, fighting the at-fault party's insurers for the best possible outcome. If you have been injured due to negligence of another, we can help you navigate the personal injury laws and car accident claims process in order to secure the best possible outcome.

If you believe you may have a viable case, contact us for a free consultation.

 

 

 

 

 

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Let's See If You Have a Case...

Please select what happened?
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
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