Who Is At Fault for a T-Bone Car Accident in California?

A T-bone accident is among the most dangerous types of crashes. A T-bone crash (also known as a side-impact car accident) is when the front of one car strikes the broad side of another car. Both drivers and any passengers may be seriously injured in the accident.

If you or a loved one was hurt in a T-bone collision, our California car accident attorneys explain some of the issues you may be facing and your legal options for recovering in the following article.

Why and How T-Bone Crashes Happen in California

T-bone crashes almost always happen because one driver, who has the legal obligation to yield the right of way, fails to do so. These accidents occur because one driver is in a place where they should not be because they have broken the law.

T-bone accidents can happen in the following situations:

• A driver has run a stop sign (VEH § 21802) or a red light (VEH § 21453).
• A driver was distracted by a handheld phone or other device at the exact moment they needed to stop or yield (VEH § 23123.5).
• One driver tries to cross a busy street in the face of traffic, and they are struck by an oncoming car.
• A driver loses control of their vehicle.

Whatever the cause, the driver who violated the law is generally the one held responsible for the crash and the injuries that follow.

Determining Liability After a T-Bone Accident

After the accident, local law enforcement will show up at the scene and write a police report. Typically, it is very apparent what happened. Based on witness testimony and the officer’s observations, police may even issue a traffic citation. If the at-fault driver pleads guilty to it, that plea can be used as evidence of fault in your civil case.

But a citation isn’t required to win your claim, and the absence of one doesn’t mean you don’t have a case. Insurers and courts weigh the full picture, witness statements, vehicle damage patterns, and any available video, not just whether a ticket was written.

Fault in the T-Bone Accident May Be Shared

Almost always, the responsible party will be one of the two drivers. However, liability may be a split between the drivers, depending on the circumstances in the case.

For example, if one car ran a stop sign, but the other driver was speeding, both may bear some part of the blame. Under CIV § 1431.2, each driver is only responsible for noneconomic damages, such as pain and suffering, in direct proportion to their individual share of fault. If a jury awards $100,000 in noneconomic damages and finds the other driver 70% at fault, you could recover $70,000 from them specifically for that category of damages.

If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.

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Particular Challenges of T-Bone Car Accidents

T-bone car accidents may present a particular challenge when it comes to determining liability. If there were no witnesses to the crash, you might end up in a “truth contest” with the other driver, where each side claims the other had the legal obligation to yield the right of way. Without independent proof, insurance companies often default to disputing fault rather than accepting responsibility.

Several types of evidence can help resolve this kind of dispute, including:

• Traffic or security camera footage from nearby businesses or intersections
• Statements from independent witnesses who saw the crash
• Vehicle damage patterns and accident reconstruction analysis
• Cell phone records showing whether a driver was distracted at the time of the crash
• Skid marks, debris fields, and other physical evidence at the scene

A personal injury attorney has the resources to gather such evidence and prove liability in the crash. Your lawyer can then show who was negligent, how the accident happened, and the losses you have suffered.

T-Bone Crashes Are Very Dangerous (and Can Be Deadly)

For the front driver, a T-bone crash has a similar amount of force as a head-on collision since it is the front of the car making the impact. However, cars do not have the same robust level of protection from side-impact crashes. If the other driver is hit on the driver’s side door, their body will suffer serious physical trauma from the force of the crash as the car collapses in on where they are sitting.

Because of this, T-bone collisions often result in some of the most severe injuries seen in any type of car accident, including:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Broken ribs and pelvic fractures
• Internal organ damage and internal bleeding
• Chest, shoulder, and arm injuries
• Lacerations from broken glass and metal

These injuries often require emergency surgery, extended hospital stays, and months or years of rehabilitation, with some victims facing permanent disability as a result.

How to Get Financial Compensation After a T-Bone Car Accident

Once you have the required proof, you can seek financial compensation. After a car accident, there are two ways to pursue financial compensation:

• You can file a personal injury claim with the responsible driver’s insurance company.
• You can file a personal injury lawsuit against the responsible driver in court.

Either way, you will likely be dealing with the insurance company and negotiating a settlement. The problem is when the other driver’s insurance company absolutely refuses to accept liability for the accident, which they may do when both drivers have completely different stories.

Your car accident attorney may need to fight hard just to put you in a position to receive financial compensation. Even when you can prove what happened, it is still a long way until you can reach a settlement agreement.

The insurance company will try to lowball your settlement in the face of what can be serious injuries. If you cannot agree to a settlement, you may have no other option but to take your case to trial and let the jury decide the matter of compensation.

The Statutory Deadline for Your T-Bone Accident Lawsuit

California law typically gives car accident victims two years from the date of the crash to file a personal injury lawsuit, per CCP § 335.1. Missing this deadline typically means losing your right to pursue compensation altogether, no matter how strong your case might be.

Acting quickly also protects your claim in another way: evidence disappears fast. Skid marks fade, traffic camera footage gets overwritten, and witnesses become harder to locate as time passes. Cell phone records and vehicle data can also be lost if not requested promptly. The sooner you speak with our car accident attorneys, the better positioned you’ll be to preserve the proof your case depends on.

Contact a California Car Accident Attorney Today

Sargent Law Firm Injury Lawyers helps car accident victims seek the financial compensation that they deserve after they have suffered an injury in a T-bone collision. It is always better to call an attorney right after your accident, especially when there may be a question of who was responsible for the T-bone accident. As soon as you hire us, we contact the insurers to let them know you are represented, and we will work to gather evidence and maximize your settlement.

Call us today for a free consultation.

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