T-bone Accident Lawsuits: Who is at fault?

T-bone accidents – also called broadside collisions or side-impact crashes – involve one vehicle crashing head-on into the side of another. According to the National Highway Traffic Safety Administration, T-bone accidents account for about 20% of passenger vehicle injuries and fatalities.¹

If you were injured or your family member was killed in a T-bone crash, the at-fault driver is liable to you for damages. Even if you partially caused the accident, you may still be entitled to a financial recovery.

Determining fault in T-bone crashes

The majority of T-bone accidents are caused by one driver’s negligence, which is the failure to exercise due care that results in someone getting hurt. Common examples of negligent conduct that lead to side-impact crashes are:

• speeding,
• running a red light or a stop sign,
• making unsafe U-turns or left turns,
• driving distracted (such as by texting),
• driving drunk, or
• failing to yield the right of way.
  

Automobile collisions happen very quickly, and eyewitness accounts are not always accurate – especially if the crash occurred at night. Our California personal injury attorneys rely on accident reconstruction experts to piece together the precise sequence of events based on such evidence as:

• traffic camera footage,
• GPS records,
• medical records of any injuries, and
• photographs of the property damage.

Depending on your case, you may have grounds to sue not only the driver who hit you but also:

• the manufacturer of the car they were driving, if a defect caused the driver to lose control of it,
• the local government, if its failure to maintain safe roadways contributed to the crash (such as faulty signage or cracked asphalt), and/or
• any other drivers or pedestrians in the area who may have caused the driver that hit you to swerve beforehand.²

Once we are armed with clear proof of fault, we are in a strong position to demand the largest possible settlements from the all liable parties.

When you are partly at fault

It is not unusual for victims of T-bone crashes to share some of the blame, such as by:

• driving through – instead of stopping at – a yellow light,
• driving too slowly out of an intersection, or
• failing to signal before turning.

Most states like California have a type of comparative fault law that allows you to recover damages even if your own negligence partially caused the accident. Your damages would just be reduced by your percentage of fault.³

Example: You sustain $10,000 worth of damages from a T-bone accident. The court determines you were 25% at fault for failing to wear a seat belt, which caused your injuries to be worse than they would have been otherwise. Therefore, the court would award your $7,500 – your full damages minus 25%.

Available damages in a T-bone collision settlement

The purpose of settlements is to recover enough compensatory damages to reimburse you for all your present and future losses caused by the accident. There are two types of compensatory damages you are entitled to: 1) Economic, and 2) non-economic.

Economic damages have a clear dollar value attached to them. These include your:

• medical bills,
• physical therapy,
• medicine and medical supplies,
• home health care,
• vehicle repairs,
• lost wages, and
• lost earning capacity.

Non-economic damages are harder to calculate, though in many cases, their value far exceeds economic damages. Examples include:

• pain and suffering,
• loss of enjoyment of life,
• scarring and disfigurement, and
• mental anguish.

If the accident affected your ability to be intimate or affectionate, your spouse or domestic partner may be able to sue for loss of consortium.

Wrongful death damages

If your family member died in a T-bone crash, you may be able to sue the at-fault parties for wrongful death. Common damages include:

• burial and funeral expenses,
• lost financial earnings the deceased would have earned had they survived, and
• loss of companionship and support.

In California, the family members who are able to file a wrongful death claim typically include the deceased’s:

• spouse,
• domestic partner,
• child or children,
• grandchildren (if the children are deceased), or
• anyone else entitled to the property of the deceased under intestate succession laws.⁴

In addition, the deceased’s estate can bring a survivor cause of action to recover damages they incurred after the wrongful act but prior to their death. Examples include medical bills, lost wages, and property damage.

When the at-fault driver is uninsured

Most T-bone accident settlements get resolved through an insurance claim. In California, drivers must carry minimum insurance of:

• $15,000 for bodily injury or death of one person,
• $30,000 for bodily injury or death or more than one person, and
• $5,000 for property damage.

However, the reality is one in seven drivers are uninsured.⁵ That is why everyone is encouraged to carry uninsured and underinsured motorist (UM/UIM) coverage: Then you are guaranteed some financial recovery even if the at-fault parties are unable to pay you.

You also have the option of personally suing drivers who are uninsured or lack sufficient insurance. However, if they could not afford insurance, chances are they have few assets you can sue for.

T-bone crash injuries

Injuries in a side impact accident can be more serious than some rear-end collisions or head-on collisions because the side of the vehicle only has a narrow layer of protection between the outside of the car and the passengers. Many factors influence the severity of the injuries, such as:

• the speed and angle of the collision,
• whether the vehicle had side-curtain airbags, and if they deployed,
• whether the passengers wore seat belts, and
• the type of vehicles involved, and whether they had high side-impact ratings.

If the doors are too damaged to open, emergency responders may have to use tools like the “jaws of life,” to free the occupants. Time trapped in the vehicle after an accident can increase the risk of serious injury or death.

Do I need an attorney?

For a minor fender bender, you may not need to hire a car accident lawyer. However, when you have serious medical bills, days or weeks off of work, and possibly permanent injuries, there is a lot more at stake.

The insurance company could deny your claim or offer you only a small amount of money to settle the case. The insurer could also keep delaying payment until you have no choice but to accept the offer. Remember that the insurance company is a business and is acting in their best interest, not yours.

Before accepting the insurance company’s offer or signing away your rights in a settlement, talk to an experienced personal injury lawyer. Attorneys understand T-bone accident causes, injuries, policy limits, and police reports, and can deal with the insurance adjuster to get you the maximum compensation with minimal stress.

Additional resources

Refer to our related articles by our Los Angeles auto accident attorneys:

• Hit by a DUI Driver? – How to sue for money damages.
• Motorcycle Accident Lawsuit in California – A legal guide.
• Trucking Accident Lawsuit – How to bring a claim for damages.
• Lawsuits for SUV Rollover Accidents – How to file a lawsuit.
• E-bike Accident Lawsuit – How to bring a claim for damages.
• Pedestrian Hit By Car in California – How to bring a lawsuit.

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