Who is at Fault for a T-bone Accident?

T-bone accidents, also known as side-impact collisions, occur when the front end of one vehicle crashes into the side of another, forming a “T” shape. Due to their nature, T-bone accidents often result in severe injuries and significant property damage.

Any car accident claim may present complex legal issues as you seek compensation for your injuries, and you may encounter various roadblocks between you and the car accident settlement check you deserve.

T-bone crashes can come with some even more significant challenges than other types of car accident cases. Although you may know who caused the accident, the available evidence may not show it.

At the same time, the other driver’s insurance company will look for any reason to avoid paying your claim, either entirely or in part.

If you can establish fault in your T-bone car accident case, you may have the legal right to substantial financial compensation.

Work with a car accident lawyer to get the best possible results in your case. A Tacoma car accident attorney will work to gather evidence that shows the other driver was to blame. Then, they will battle the insurance company to get you the compensation you deserve.

If you have not already contacted a car accident attorney, you should do so now to schedule a free initial consultation. Given the unique circumstances of a T-bone car crash, you have definite risks if you wait too long to make this call.

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Why T-bone Car Accidents Are So Dangerous

T-bone car accidents are among the most dangerous crashes and have a fatality rate that is much higher than other types of car accidents.

Nearly one in every five car accident deaths in the United States results from T-bone car accidents. Even those who survive these accidents may emerge with serious injuries that can affect them for a long time to come.

To understand why T-bone crashes are so dangerous, you must know the circumstances of the accident. T-bone accidents generally occur because one driver has failed to yield the right of way as the law requires. Usually, a driver has run a red light or a stop sign. In other cases, the driver makes an illegal turn when an oncoming car is in their path.

When the actual impact occurs, it can be potentially deadly for both drivers and their passengers. The motorist’s car that hit the other vehicle will sustain an impact with almost as much force as a head-on accident.

The driver of the struck car is also at risk of serious injury, especially if they got hit on the driver’s side of the vehicle. The same thing applies to passengers who are sitting in the part of the car that received the impact from the crash.

These crashes often occur at a high rate of speed, so there will be even more unleashed force. The driver of the struck car has no warning of the impending crash, so they have little opportunity to take evasive action. Thus, the front of one car slams directly into the side of the other, with catastrophic consequences.

Causes of T-bone Car Accidents

T-bone car accidents most commonly occur at intersections. A driver either does not see the sign or red light that directs them to stop, or they consciously decide to run the signal.

The following situations may cause T-bone car accidents:

• Distracted driving can cause a driver not to see the signal or sign at all (the rate of T-bone car accidents has increased in the age of smartphones since it is the most common reason for distracted driving).
• Reckless driving can cause a driver to break traffic laws and intentionally ignore stop lights and signs.
• Mechanical difficulties can cause the brakes to malfunction.
• Speeding can cause an out-of-control driver not to notice a stop sign or light.
• Driving in unfamiliar locations can cause a motorist to make errors and miss stop signs or lights.

Liability for a T-bone Car Accident

Do not assume that the driver who struck the other vehicle bears fault for the accident. The legal rule is that the driver who failed to yield the right of way as the law required may bear liability for the crash. In other words, the motorist who ran the stop sign or red light or made the illegal turn must pay for the accident.

What Happens in a “Truth Contest”?

The hope is that you have witness testimony or other evidence to prove what happened in the crash. Alternatively, the other driver may admit fault.

However, the other driver often knows the consequences of negligence. Especially when no witnesses saw the crash, the other driver may tell a completely different story. This situation is known as a truth contest, which can present significant difficulties for your case.

Since the burden of proof is on you, you must break this logjam to qualify for financial compensation. You need evidence to back your side of the story that contradicts the other driver’s words. Your legal case may face difficulties without witnesses or other physical evidence.

Your car accident lawyer still has options in this situation. Oftentimes, they will work with an accident reconstruction expert. These witnesses will use math and physics principles to recreate the crash, relying on pictures of car damage and their knowledge of conditions at the accident scene.

They will give their opinion of which driver failed to yield the right of way. Although their determination is not binding or conclusive, it may persuade an insurance company or jury.

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What Are the Outcomes of the Liability Determination?

At some point after the accident, the two insurance companies will confer to decide who was at fault. They may determine that the other driver was to blame. Alternatively, they may decide it is impossible to determine which driver was to blame and spread fault to both drivers.

The evidence you compile can tip the scales in your favor when deciding liability. Thus, you must hire a car accident lawyer immediately after the crash so they can tell your story effectively.

Mistakes to Avoid After a T-bone Car Accident

One of the biggest mistakes that you can make in any car accident case is to speak with the other driver’s insurance company. It will likely want to talk to you after the accident to hear your side of the story. The insurance company may ask you questions about what happened and try to learn more about your condition. Yet, insurance companies do not ask these questions because they want to help.

Insurance companies are trying to talk to you because they are looking for ways to undermine your case or poke holes in your story. Do not have this conversation with them because it will rarely benefit you. Instead, hire a car accident lawyer as soon as possible so they can field any inquiries from the insurance company.

You may wish to post pictures of the accident on social media to let your friends and family know what happened. However, resist the urge to do this. You have to assume that the insurance companies can see your posts, even if your accounts are private. They can obtain social media posts in the discovery phase of a trial, and they may even have a way to access deleted posts.

What if the Insurance Company Denies My Claim or Blames Me for the Accident?

Insurance companies may determine who was to blame for the accident. Still, you have to see them for who they are: They represent the other driver in the accident and are liable to pay for the damages their driver causes. Thus, insurance companies have their own self-interest in the findings that they make.

You do not have to accept any insurance company determination as final in your case. Insurance companies are not a jury and do not perform the same role. If they deny your claim or make a decision that you disagree with, you can always take the case out of their hands.

In any car accident case, you retain the option of going to court. Then, a jury will determine liability for the crash and your damages.

Your car accident lawyer will always be ready to litigate your case. The hope is that you can prove liability and the insurance company offers you enough money to pay for your damages.

However, that is not a foregone conclusion in any car accident case, so you need a lawyer on your side who knows their way around a courtroom and has tried cases in front of a jury.

When to Call a Car Accident Lawyer

After a crash where the parties dispute liability, seek immediate legal representation from a car accident attorney. You risk too much when you do not have a car accident lawyer there to establish and protect your legal rights.

A car accident attorney does not cost you anything from your pocket, so there is no financial barrier in your way. Most car accident attorneys work on a contingency fee basis, which means they only get paid if you win your case.

They will cover all the upfront costs of your legal proceedings, including investigation, expert witness, and court filing fees. Their payment is simply a percentage of your settlement or verdict. Thus, there is no risk or financial burden on your part.

If you are too preoccupied with your injuries to call a personal injury lawyer yourself, have someone close to you make the car.

An attorney will make it as easy as possible for you to speak with them and begin the legal process. They understand the magnitude and stakes of what you are facing and can handle the legal aspects of your case so you can focus on your recovery.

A T-bone accident can have significant physical, emotional, and financial repercussions. An attorney with experience in personal injury cases will protect your rights, deal with the legal process effectively, and maximize your chances of receiving fair compensation.

Remember, you do not have to face this challenging situation alone—an attorney will guide you throughout the process.

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