Who is At Fault for a T-bone Accident?

T-bone accidents, also known as side-impact collisions, are a common type of car accident that can result in serious injuries and property damage. These accidents occur when one vehicle strikes the side of another, forming a “T” shape. But who is at fault in a t-bone accident? In this article, we’ll explore the factors determining fault in a t-bone accident and what you can do if you’ve been involved.

Understanding T-Bone Collisions

Before we look into the fault, it’s important to understand how t-bone accidents occur. These accidents typically happen at intersections when one vehicle fails to yield the right of way and collides with another vehicle traveling perpendicular to it. T-bone accidents can also occur in parking lots or driveways when a vehicle backs out and strikes another vehicle.

T-bone accidents can be particularly dangerous because the side of a vehicle offers less protection than the front or back. These side impacts can result in serious injuries, especially for the driver or passenger on the side of the vehicle that was struck.

Determining Fault in a T-Bone Accident

In most cases, the driver who failed to yield the right of way is considered at fault in a t-bone accident. This is because they were responsible for ensuring that proceeding before entering the intersection or driveway was safe. However, there are some exceptions to this rule.

Left-Turn Accidents

In a left-turn t-bone accident, the driver making the left turn is typically considered at fault. This is because they must yield to oncoming traffic before making the turn. However, if the driver going straight was speeding or ran a red light, they may be found partially at fault for the accident.

Right-of-Way Violations

If a driver fails to yield the right of way at a stop sign or traffic light and causes a t-bone accident, they will likely be found at fault. This is because they were responsible for following traffic laws and ensuring it was safe to proceed.

Parking Lot Accidents

In parking lot accidents, fault can be more difficult to determine. If both drivers backed out of parking spaces and collided, they may be found partially at fault. However, if one driver was already backing out and the other driver failed to yield, they may be found at fault for the accident.

Contributory Negligence

In Texas, contributory negligence laws may come into play in t-bone accidents. This means that if the driver who was struck was found to be over 50% at fault for the accident, they may be unable to recover any compensation for their injuries or damages. This is why it’s important to understand the laws in your state and seek legal advice from an auto accident attorney in Houston if you’ve been involved in a t-bone accident.

What to Do After a T-Bone Accident

If you’ve been involved in a t-bone accident, you should take some important steps to protect yourself and your rights.

Seek Medical Attention

The first and most important step is to seek medical attention for injuries sustained in the accident. Even if you don’t feel injured, getting checked out by a medical professional is important as some injuries may not be immediately apparent.

Document the Accident

If you can, take photos of the accident scene, including any damage to the vehicles involved. Photos can be important evidence in determining fault and help with insurance claims.

Exchange Information

Be sure to exchange insurance and contact information with the other driver involved in the accident. Exchange of information is required in Texas and will be necessary for filing a claim and determining fault.

Contact the Police

In most cases, it’s important to contact the police after a t-bone accident. They will create an official report of the accident, which can be used as evidence in determining fault.

Contact Your Insurance Company

Be sure to contact your insurance company as soon as possible after the accident. They will guide you through the claims process and may also be able to provide legal assistance.

Seeking Legal Help

If you’ve been involved in a t-bone accident and are unsure who is at fault, seeking legal help is important. An experienced personal injury lawyer can review the details of your case and help you determine the best course of action.

Gathering Evidence

A lawyer can help you gather evidence to support your case, including witness statements, police reports, and medical records. They can also work with accident reconstruction experts to determine fault and strengthen your case.

Negotiating with Insurance Companies

Insurance companies are notorious for trying to minimize payouts in accidents. A lawyer can negotiate with the insurance company to ensure you receive fair compensation for your injuries and damages.

Representing You in Court

If your case goes to court, a lawyer can represent you and present your case to a judge or jury. They will use their knowledge and experience to fight for your rights and help you receive the compensation you deserve.

Conclusion

In a t-bone accident, the fault is typically determined by who failed to yield the right of way. However, there are exceptions to this rule, and contributory negligence laws may also come into play. If you’ve been involved in a t-bone accident, seeking legal help to protect your rights and receive fair compensation for your injuries and damages is important. Always follow traffic laws and be cautious when entering intersections to help prevent t-bone accidents.