Who Is at Fault in a Car Accident T-Bone?
In a car accident in California, the not-at-fault driver maintains the right to file a claim. They can do so against the at-fault driver’s liability insurance policy.
Indeed, California is an at-fault car insurance state, which means that drivers are responsible for paying for accidents that they cause.
However, understanding whose fault caused an accident–and proving it–may not be so simple.
If you are involved in a T-bone accident in our state, we can help you to understand who is at fault in a car accident T-bone crash, what types of evidence you need, and how to maximize your compensation award.
T-Bone Accident Fault – Who’s to Blame?
A T-bone accident refers to an accident type where the front end of one vehicle smashes into the side of another, resulting in a “T”-like shape. These types of accidents are especially common at intersections, and typically occur when one driver fails to yield the right-of-way or runs a stop light/stop sign.
These types of accidents can be serious, resulting in severe damages for those involved. As such, identifying whose negligence caused the accident, and being able to prove it, is critical to recovering damages.
Based on vehicle position alone after a T-bone accident, who’s at fault isn’t obvious; either driver could have been speeding, could have run a red light, could have failed to yield, etc. As such, while vehicle position may give some clues as to fault, this often isn’t the best evidence type.
Instead, other forms of evidence must be collected. Evidence that can add insight into fault for a California T-bone accident includes:
- The presence of traffic signals and stop signs;
- Statements of eyewitnesses to the accident;
- Traffic cams or other video footage of the accident;
- Skid marks;
- Drivers’ statements; and
- Police reports.
It’s important to note that in some cases, neither driver may be fully to blame for a T-bone accident. Indeed, drivers may both be partially at fault for the collision if they both failed to exercise the proper duty of care, or another third party may be found to blame.
For example, if the traffic lights were operating defectively, the party responsible for traffic light maintenance (such as a municipal entity) may be to blame. Or, if the accident occurred because of a vehicle defect, such as spontaneous acceleration or defective brakes, the manufacturer or distributor of this auto part may be held responsible.
Why Does Fault Matter in a T-Bone Accident?
In order to bring a claim for damages against the other party’s insurance in California, an injured party must be able to prove that the other driver’s negligence (fault) was the proximate cause of their harm.
What’s more, because California recognizes a system of comparative negligence, a party who is seeking damages from another may have their compensation award reduced if the defendant can prove that the plaintiff contributed to their own injuries; while a plaintiff’s own fault will not bar them from recovery, their damages will reduce in proportion to their degree of fault.
Our lawyers can help you to prove that the defendant was 100 percent to blame, preserving your right to 100 percent of your settlement.
Contact Our T-Bone Accident Lawyers After a Crash in California
Were you in any accident type, T-bone collision or similar? Working with a skilled California accident lawyer can be useful in building your claim. We can help in proving fault, gathering evidence, calculating damages, and negotiating your settlement.
Our lawyers at Levinson Law are ready to meet with you and start working on your case today. For your free consultation with our T-bone car accident lawyers, please call us directly or message us at your convenience.