Who is at Fault in a T-Bone Car Accident? | Tiano O'dell

T-bone car accidents, often referred to as broadside collisions, are often devastating for those involved. These incidents typically catch everybody off guard, and they regularly occur when one driver is operating at a relatively high rate of speed. In the aftermath of a T-bone accident, it is crucial to determine who was at fault for causing the incident. Here, we want to discuss various ways that T-bone accidents occur and examine who could be at fault for each of these scenarios.

Parties Who Could Be at Fault

T-bone accidents can occur in a wide variety of ways, and they are often the results of one driver failing to yield the right of way to another. Some of the most common scenarios where we see T-bone accidents occur in West Virginia include the following:

  • A driver turning left at an intersection in front of oncoming traffic that has the right of way
  • A driver running a red light and colliding with a vehicle going through the intersection from the other direction (a perpendicular crash)
  • A driver running a stop sign and colliding with vehicles that had the right of way

What we will find in these scenarios is that any driver who fails to yield the right of way and causes a T-bone collision will typically be at fault for the incident and be responsible for paying compensation to the other party involved.

There are several factors that regularly contribute to T-bone accidents, including drivers distracted by phones or other devices, drivers operating while impaired by alcohol or drugs, and drivers operating while fatigued behind the wheel.

Comparative Negligence in West Virginia

The state of West Virginia operates under a “modified comparative negligence” system. This means that individuals who are partially responsible for causing an accident can still recover compensation, so long as they are not 51% or more at fault. However, the total amount of compensation a person receives will be reduced based on their percentage of fault.

We bring up modified comparative negligence to point out that even if an insurance carrier or another party involved says that you were partially to blame, you may still be entitled to recover compensation for your losses.

Partial fault could come into play in a T-bone in a few different ways. For example, a driver could be waiting to turn left at an intersection on a green light, but still have not made the turn by the time the light changes to red. If the driver decides to take their turn after the light is red, they run the risk of getting struck as they are turning. However, it could be the case that the driver who hit the turning vehicle should have been aware that the intersection was not clear and should not have proceeded. In this scenario, both parties may share fault for the T-bone collision.

Getting Help from a West Virginia Car Accident Lawyer

If you or somebody you love has been injured in a T-bone accident caused by the actions of a negligent driver in West Virginia, you need to speak with a skilled car accident attorney as soon as possible. An attorney can use their resources and legal expertise to handle every aspect of these claims. It is crucial to conduct a thorough investigation of a T-bone accident in order to gather evidence to prove what happened. A lawyer can handle negotiations with insurance carriers involved, and they will ensure their client is evaluated by a trusted medical professional who can examine the injuries and help calculate total expected losses.