T-Bone Accident Injuries: Who Is at Fault and How to Recover Compensation
T-bone, side-impact collision, or broadside accident – whatever you call it, this type of crash can be particularly violent, leading to severe and deadly injuries. If you or someone you love was hurt, you may be able to recover compensation from an at-fault driver, but first, you must prove that they were responsible.
Liability for T-bone accidents can sometimes be difficult to establish. A car accident lawyer with Crandall & Pera Law, LLC could help you investigate and build your case. Keep reading to learn more about how you can seek damages.
How do T-bone car accidents happen, and who is responsible?
Put simply, T-bone accidents happen when one vehicle crashes front-end first into the side of another. Typically, they occur at intersections because one of the two vehicles has run a red light or stop sign. But there is often an underlying cause for these collisions that is more complex and usually related to the negligent or dangerous actions of one of the involved drivers.
A driver may be responsible for a side-impact crash if they failed to stop or yield at an intersection, especially if the reasons they did so include any of the following:
- Speeding
- Distracted driving or texting and driving
- Fatigued driving
- Drunk driving
- Reckless or aggressive driving
- Illegal passing
Who is at fault for a T-bone accident may also depend on other circumstances of the crash. For example, if the driver who ran a red light and caused the crash did so because their brakes failed, it may be the fault of an auto manufacturer, not the motorist. Likewise, if the accident involved a broken traffic signal or obstructed stop sign, the fault may rest with the entity in charge of the roadway.
Working with an attorney can help you resolve any questions about accident liability in your case.
What happens when fault is shared?
When more than one party bears some fault, you can pursue multiple claims. You can even pursue a claim if you are somewhat responsible.
In Ohio, you can seek compensation from an at-fault party as long as you are not more than 50 percent liable yourself, and any liability assigned to you will reduce your compensation. A jury determines these percentages, but insurance companies will also apply this law, outlined in Ohio Rev. Code § 2315.33.
In practice, it looks like this:
- A driver broadsides you going through an intersection at 20 mph over the speed limit
- You had a yield sign, but did not see the oncoming car and entered the intersection too early
- A jury decides you are 30 percent at fault for failing to see the other vehicle, but the other driver is 70 percent at fault for going so far over the speed limit
- You have $100,000 in damages, so you will now receive $70,000
However, if the jury found you 51 percent responsible or more, you would not be able to receive any compensation.
How to seek compensation for a broadside collision
At-fault drivers in Ohio must pay for accidents they cause. State law requires that you carry auto liability insurance for this reason. So, most car accident cases begin with an insurance claim. To secure a full and fair settlement, you will need to prove to the liable driver’s insurer that their client was responsible.
The insurance claims process generally looks like this:
- You contact the at-fault driver’s insurance company and file a claim
- You gather evidence to support your claim and prove the at-fault driver’s liability
- You negotiate with the insurance company regarding your settlement amount
- You settle your claim and accept a settlement offer, or you proceed with filing a personal injury lawsuit (or a wrongful death lawsuit if your claim involved a fatally injured loved one)
How long do you have to take action?
You should file insurance claims right away because if you do need to file a lawsuit, there are deadlines. And if they pass, you will not have any leverage or bargaining power.
According to Ohio Rev. Code § 2305.10, the statute of limitations for most personal injury cases is two years. Ohio Rev. Code § 2125.02 allows two years for most wrongful death cases.
Evidence in a T-bone crash
Evidence is vital in all car accident cases, but the proof may need to be especially strong in T-bone collision claims. Often, the assumption is that the car doing the broadsiding is always responsible, but this is just not the case. As discussed, fault can be shared, and there can be underlying issues that complicate matters.
A car accident attorney can help construct a solid case built on evidence, which may include:
- Video evidence – including dashcam, surveillance, or traffic camera footage
- Evidence from the accident scene – including photographs of the crash site and physical debris
- Witness statements – including testimony from eyewitnesses and experts, such as crash reconstruction specialists
Common T-bone accident injuries
Settlements for a T-bone accident can be high because these collisions can cause catastrophic injuries, leading to high medical bills and a long time off work.
Cars have safety features for passengers – such as seat belts and airbags – that can keep occupants safe. But these features are not as effective in side-impact accidents, when the side of the broadsided car can dent inward, causing further harm. Meanwhile, passengers in the other car experience a frontal impact. The speed at which these accidents often occur also plays a role.
T-bone accidents can result in serious and life-changing injuries, including back, neck, and shoulder injuries (like whiplash) and spinal cord injuries. Victims can also suffer traumatic brain injuries and internal injuries, as well as severe cuts, bruises, and bone fractures.
If you were seriously hurt or your loved one sustained a deadly injury, you should consult with an accident attorney, particularly if the insurance company contests, diminishes, or delays your settlement in any way. You may be owed significant compensation for your out-of-pocket losses and pain and suffering, and a lawyer can help you identify and calculate your damages. They can also help you fight for the maximum payment possible.
Get help from Crandall & Pera Law, LLC
Crandall & Pera Law, LLC has more than 50 years of combined experience, and our track record includes multimillion-dollar settlements for injured clients. We have the experience to help you build a T-bone accident claim.
You can learn more about our services during a free consultation. Contact us today and connect with a car accident attorney in one of our eight offices across Ohio and Kentucky.