T-bone crashes often occur in intersections, making it more challenging to determine which driver had the right-of-way at the time. Eyewitnesses, video evidence, and other proof may be necessary to determine who is at fault in a T-bone car accident and liable for your damages.
If you suffered injuries in this type of crash, you may want to consider working with a personal injury law firm to build your compensation case. Apersonal injury attorney has the resources, experience, and knowledge to investigate what happened, gather evidence, and demand an appropriate payout from the other driver’s insurer.
What Causes T-Bone Car Accidents?
Most T-bone collisions, also called side-impact crashes, occur in intersections. When drivers must cross one another’s path, there is a risk of this type of crash. Examples ofhow T-bone accidents happen include when a driver:
- Fails to stop at a stop sign
- Goes out of turn at an intersection
- Does not yield to other traffic when turning
- Runs a red light
- Pulls out of a parking lot, alley, or driveway into traffic
Each of these situations has specific traffic laws and rules that motorists must follow to prevent collisions. Most of these are ingrained in drivers, but carelessness or recklessness leads to mistakes behind the wheel. For instance, distraction, intoxication, or fatigue can cause a driver to make a bad decision and lead to a broadside collision.
Proving What Happened and Who Is Responsible
Who is legally liable for the financial, physical, and emotional harm suffered in a traffic accident comes down to negligence. You must show the other driver acted negligently to prove they are responsible for your damages.
Showing that negligence occurred requires proof of four things:
- They had an obligation to take (or not take) a specific action
- They failed to do so
- This directly caused the crash
- You suffered damages in the crash, including financial losses and injuries
For example, if a driver ran a red light and hit you, your accident lawyer would look for evidence to show this occurred, such as traffic camera footage. Since running a red light is against the law, proof of this action could support your claim for financial recovery. We would then need to calculate the value of all your recoverable damages to seek compensation for them. In this example, the evidence used might include:
- The police report filed by law enforcement
- Documentation of the property damage to each vehicle
- Video that shows who had the green light
- A survey of the accident scene
- Witness statements
- Accident reconstruction
- Relevant medical records
- Medical bills and other documentation of accident damages
This evidence would support an insurance payout, wrongful death claim, or personal injury lawsuit. If you suffered injuries in this type of auto accident, you should consider seeking legal advice from an accident law firm before you speak with the insurance company or take any other action. Most firms provide a free legal consultation for T-bone car accident victims.
For a free legal consultation, call 800-537-8185
Shared Fault in a Side-Impact Collision
In some cases, both drivers share fault for a side-impact crash. If the court determines this is true in your case, it will impact your financial recovery, depending on the state where the accident happened.
Negligence laws vary, but most states allow accident victims to seek and recover compensation even with partial responsibility for the collision. However, the amount recoverable goes down in proportion to their percentage of shared fault. So, if you were speeding when another driver failed to yield while turning left, you may be 10 percent at fault. As such, you could recover up to 90 percent of your damages.
Shared Fault and State Laws
An example of a state with shared fault laws is Arkansas, where anyone less than 50 percent at fault can seek damages underArk. Code Ann. § 16-64-122.
However, this is not the case in Alabama. Instead, Alabama recognizes a “pure contributory negligence” law, affirmed inGolden v. McCurry (1980). As such, if you contributed to the accident at all, Alabama bars you from financial recovery.
This is another reason why you should consult with a personal injury attorney before considering how you will pursue compensation for your medical expenses, lost income, and other accident-related damages. An experienced lawyer will protect your rights and manage your personal injury claim while you focus on healing and your physical recovery.
Seeking Compensation for Your Accident Damages After a T-Bone Crash
If you suffered injuries in a side-impact collision and can prove the other driver caused the crash, you can likely seek compensation. This is possible through filing an insurance claim or suing the at-fault motorist.
You want to work with an attorney who is familiar with car accident laws in your state. Not only will the firm handle your investigation and prove negligence, but they will also navigate the accident claims process on your behalf, negotiate for a fair agreement, and provide other representation that supports your best interests.
Most traffic accident cases settle outside of court. This makes it vital to understand the value of your damages and carefully document your losses to show how much the insurance company should compensate you. When you have a personal injury lawyer on your side, you can focus on healing your injuries while they worry about securing your compensation and getting justice for you and your family.
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Talk with a Team Member from Morris Bart, LLC, About Your T-Bone Crash for Free
At the Morris Bart law firm, our team offers consultations for car accident victims in Alabama, Arkansas, Louisiana, and Mississippi. We serve all areas of these states from our15 locations. We are a contingency fee firm, and the initial consultation is free. If you suffered injuries in a broadside car accident, our legal team is here to help. Call to get an experienced attorney on your side today.
Contact us now to learn more about how we may be able to help you prove your T-bone accident case and recover damages.
Questions?Call 800-537-8185
to find a Morris Bart office near you.