T-Bone Accidents: Who’s at Fault?
A T-bone accident, also known as a side-impact collision, occurs when the front of one vehicle crashes into the side of another, forming a “T” shape.
In Texas, determining fault in these accidents depends on several factors, but often hinges on which driver had the right of way. Typically, the driver who fails to yield or violates traffic laws is considered at fault. However, multiple parties may share liability in some cases.
Why does this matter? If you’ve been involved in a T-bone accident in Texas, liability generally determines who will be able to seek compensation for their injuries and who will be required to massively payout. In this article, the Houston personal injury attorneys at Grimes & Fertitta will discuss the factors that determine liability in T-bone accidents, and tell you what to do if you’re hit.
Been involved in a serious T-bone accident? You need the best injury attorney Houston has to offer if you plan on getting what you deserve. Call the dedicated and aggressive attorneys at Grimes & Fertitta today at 713-224-7644 or contact us online for a free consultation.
What is a T-bone accident?
A T-bone accident occurs when one vehicle strikes another at a perpendicular angle, usually at an intersection. This crash configuration resembles the letter “T”, hence the name.
These accidents often happen when:
- A driver runs a red light or stop sign
- A motorist fails to yield the right-of-way when turning left
- A vehicle loses control and slides sideways into oncoming traffic
T-bone collisions are particularly dangerous because they often impact the vehicle’s passenger compartment directly, where there’s less structural protection compared to the front and rear of the car. The severity of T-bone car accident injuries can be significant, especially for passengers or drivers on the struck side of the vehicle.
The most common injuries from car accidents like these include:
- Whiplash
- Fractures
- Head trauma
- Spinal injuries
- Internal organ damage
Continue reading: Your guide to progressive claims
Who is at fault in a T-bone accident?
While it’s common to assume that the individual who crashed into the side of the other vehicle would be at fault, this is not always the case. Determining fault in a T-bone accident depends on several factors and can vary based on the specific circumstances of the crash. For complex cases, both insurance companies and your Houston car accident lawyer may need to investigate thoroughly to assign responsibility accurately.
In a T-bone accident, who’s at fault will depend on a handful of key elements, including:
1. Right of way
The concept of “right of way” is crucial in determining fault for T-bone accidents. If a driver fails to yield when they should have, they’re often considered at fault. For example, if Driver A runs a red light and collides with Driver B who had a green light, Driver A would likely be at fault for failing to yield the right of way.
Other examples of this would include:
- Failing to stop at a stop sign and colliding with a vehicle that had the right of way
- Not yielding at an uncontrolled intersection and hitting a vehicle that arrived first or was on the right
- Making a left turn without yielding to oncoming traffic and causing a collision
- Failing to yield to a pedestrian at a crosswalk and causing an accident with another vehicle
2. Traffic laws
Similar to a driver who does not yield the right of way, a driver who violates traffic laws leading to the accident is also typically at fault. This could include:
- Running red lights or stop signs
- Speeding
- Distracted driving (e.g., texting while driving)
- Driving under the influence of alcohol or drugs
- Reckless driving
If a driver’s violation of traffic laws directly led to the accident, they’re typically considered at fault. For instance, if a driver was texting and ran a stop sign, causing a T-bone collision, their violation of distracted driving laws would likely make them liable.
3. Left turns
In many cases, the driver making a left turn is at fault if they collide with oncoming traffic. Left turns are a common cause of T-bone accidents and have specific rules associated with them including:
- Drivers turning left must yield to oncoming traffic
- Left turns should only be made when it’s safe to do so
- At a green light (not a green arrow), left-turning drivers must yield to those going straight
However, fault isn’t always clear-cut in left-turn accidents. If the oncoming driver was speeding excessively or ran a red light, they might share or bear full responsibility for the crash.
4. Shared fault
Many jurisdictions recognize that accidents aren’t always 100% one driver’s fault. Two systems address this:
- Comparative negligence: Fault is assigned as a percentage to each driver. In “pure” comparative negligence states, you can recover damages even if you’re 99% at fault, though your recovery is reduced by your percentage of fault. In “modified” comparative negligence states, you can only recover if you’re less than 50% (or in some states, 51%) at fault.
- Contributory negligence: In a few states, if you’re found to have contributed to the accident at all, you cannot recover damages. This is a much stricter standard.
Texas follows a modified comparative negligence system, but you should always check your specific state’s laws or consult with a car accident attorney to understand how they might apply to your T-bone accident case.
5. Evidence
Collecting evidence properly is essential to helping prove who is at fault accurately. Key types of evidence include:
- Police reports
- Witness statements
- Photos and videos
- Traffic camera footage
- Skid marks and debris patterns
- Cell phone records
- Vehicle “black box” data
If you’ve been T-boned in a car accident, after assessing yourself and any other involved parties for injury, you’ll want to collect as much evidence as possible to support your case. Preserving evidence quickly is going to be important, as some types (like skid marks from tires) can disappear rapidly.
6. State laws
Fault determination can vary by state. Some states have “no-fault” insurance systems that handle things differently while others use fault-based systems where the at-fault driver’s insurance covers damages. Here’s a breakdown of different laws to consider:
- No-fault states: In these states, each driver’s insurance covers their own injuries, regardless of fault. However, property damage claims still typically follow fault-based rules.
- Fault-based states: Most states use a fault-based system where the at-fault driver’s insurance is responsible for damages.
- Statute of limitations: Each state has a time limit for filing accident claims. Missing this deadline can bar you from recovery.
- Specific traffic laws: States may have unique laws about right of way, turning, or other driving behaviors that can affect fault determination.
As we mentioned, Texas follows a “modified comparative fault” system, also known as the “51% bar rule.” This means that a driver can recover damages in a T-bone accident as long as they are found to be 50% or less at fault for the crash. However, their recovery will be reduced by their percentage of fault.
For example, if a driver is found to be 30% at fault and has $100,000 in damages, they can only recover $70,000. If a driver is found to be 51% or more at fault, they cannot recover any damages.
Additionally, Texas has a two-year statute of limitations for most car accident claims, meaning legal action must be initiated within two years of the date of the accident. These specific laws make it crucial for those involved in T-bone accidents in Texas to gather evidence quickly and consult with the best car wreck attorney near them to protect their rights and potential compensation.
Involved in a T-bone accident? Call Grimes & Fertitta for help.
When it comes to T-bone accidents: who’s at fault? While fault typically falls on the driver who violated the right-of-way, determining T-bone accident fault isn’t always an open and shut case. The best thing that you can do for yourself is to call an attorney to protect your interests and make sure you get what you need to recover.
You do not have to sort through the aftermath of a devastating accident alone, and the personal injury attorneys at Grimes & Fertitta are here to help you seek justice. While the average payout for T-bone accident claims can vary widely depending on the specifics of each case, we will help you fight for the compensation you deserve.
Whether you were hit when a truck jackknifed and you need an 18-wheeler accident lawyer or you’re interested in suing the insurance company for denying your valid claim, the experienced and dedicated personal injury attorneys at Grimes & Fertitta can help.
Call Grimes & Fertitta today at 713-224-7644 or contact us online for a free consultation.
More Helpful Articles by Grimes & Fertitta:
- Texas Helmet Laws
- Progressive Claim Time Limits
- Should You Accept a TBI Injury Settlement?
- What To Do if Your Child Is Injured on a School Playground
- How to Handle UPS Truck Accidents