Any person involved in a T-bone accident could ultimately be at fault. The important issue is determining which driver had the right-of-way during the crash. The motorist who did not have the right-of-way is generally at fault for these collisions.
T-bone accidents can be as devastating as they are unexpected. If a negligent driver hurt you in a T-bone collision, you can speak with a car accident lawyer about legal representation. An attorney can advocate for you and seek damages from the liable party, no matter if your car was struck on the side or if your car’s front end was damaged.
Understanding Fault in a T-Bone Collision
Determining fault in a T-bone accident is not based on which vehicle struck the other or how the cars were positioned. What matters in these cases is deciding which driver had the right to proceed at the time of the crash. This right is known as the right-of-way.
When two drivers try to enter the same space at the same time, only one driver has the right-of-way. This issue commonly occurs at stop signs, where one driver must proceed first. When these accidents happen at intersections, the driver who reaches the intersection first has the right-of-way.
T-bone accidents are also common when a driver attempts a left turn. If cross-traffic strikes the driver, the driver without the right-of-way is at fault. Motorists established in the roadway have the right-of-way compared to drivers merging onto the road. Another common situation in which a T-bone accident can occur is when a driver fails to stop at a red light or another traffic control device. Motorists must stop or yield according to these lights. Those who fail to do so don’t have the right-of-way. Texas explains arious right-of-way scenarios in Chapter 545 of the Texas Transportation Code.
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Can Third Parties Be Liable for a T-Bone Accident?
While driver error causes many T-bone accidents, other parties could also be at fault. These factors can lead to a crash even when the drivers have done nothing wrong. An example is when a manufacturer’s defective vehicle or vehicle part causes an accident. Some T-bone collisions, such as a braking system, occur after a car part fails. When these parts cause a crash, you could sue the company that made them. The law holds these companies to a higher standard than a typical negligence case.
How Can an Attorney Prove Liability in a T-Bone Collision?
One of the difficult aspects involving these accidents—especially those that occur at intersections—is that it can be challenging to prove who was at fault. The evidence in these cases can be limited, especially when an accident occurs at an intersection with a red light. As this light changes, the drivers with the right-of-way change as well.
Many times, determining liability in these cases will come down to the words of the involved parties. Uncovering the truth can be challenging when each driver gives a different account of how the accident happened. Other evidence could shed light on how the collision happened, however. Some accidents are caught on video by traffic cameras or dashboard cams. Independent witnesses could also testify to what they saw. The testimony of these witnesses is valuable, given that they do not have a personal stake in the outcome of the case.
If the other driver received a ticket for their actions, our lawyers may be able to use this as proof of negligence. While being cited by the police or mentioned in the police report is not evidence, having a conviction for a moving violation can be. If the other driver in the accident is found guilty of an offense like speeding or failure to yield at the time of the crash, that conviction could be powerful evidence at trial.
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Damages From a T-Bone Crash
The damage accident victims suffer in a T-bone accident can be devastating. This is true for the bodily injuries in the crash and the property damage your vehicle sustains. If you can show the other driver is at fault, you could recover the following types of damages:
Pain and Suffering
A pain and suffering settlement could be important to your personal injury case. Your pain might be subjective, but that does not mean you cannot recover damages. Our attorneys will pursue the pain and suffering compensation that can help you recover from the accident.
Your medical care after an accident can be costly. You might be able to recover past and future medical costs with an injury lawsuit. This includes compensation for medications, surgeries, physical therapy, and related expenses.
Missing out on your income while recovering from a T-bone car accident can upend your finances. Fortunately, you could recoup your lost income through an injury settlement. Lawyers can use previous pay stubs or other proof of income to calculate how much income you lost because of your accident and your recovery.
Wrongful Death Damages
If a loved one suffered fatal injuries in a T-bone crash, an attorney could pursue wrongful death damages that could cover their funeral and burial expenses, accident-related medical care, lost household income, and more. We can explain how wrongful death lawsuits work under state law, including which family members can sue the liable party for losses.
No amount of money will make up for the passing of a loved one, but we firmly believe that the negligent party should be held accountable. Let us help you during this difficult time.
Call Loncar Lyon Jenkins About Your T-Bone Accident Today
Determining who is at fault for a T-bone accident is important to your injury case. Our T-bone car accident attorney can build a case proving you had the right-of-way at the time of the crash. This could result in the financial award you deserve. Statute of limitations deadlines typically apply to injury cases, so we encourage you to reach out to us to explore your legal options after a T-bone collision.
Put your case in Loncar Lyon Jenkins’ hands. Call us now for a free consultation with our team.