A T-bone accident occurs when the front of one vehicle and the side of another vehicle collide. Here’s everything you need to know about who is at fault in a T-bone accident in California.
Where do T-bones usually occur?
Intersections
T-bone accidents often occur at intersections, when one driver enters unlawfully (i.e., running a red light or ignoring a stop sign) and collides with another. All drivers have a duty to abide by traffic laws, thus the driver who was not supposed to be at the intersection is automatically at fault.
Turns
T-bone accidents can also happen during turns, especially left-hand turns, when drivers are obligated to yield to the oncoming cars. If drivers do not yield responsibly, or misjudge the distance, they may end up driving into the side of an oncoming vehicle. In that case, the driver who did not yield properly would be at fault. However, if the oncoming vehicle was running a red light, or if the turning driver had the right of way, the oncoming vehicle would be at fault.
How is Fault Determined?
California is a comparative fault state. This means that drivers are liable to pay for the percentage of damages that is equal to the percentage of blame they are determined to have for an accident. For example, if a driver is determined to be 40% at fault for an accident, they are liable to pay for 40% of the damages sustained by all parties. Damages can be economic, such as property damage, medical bills, and lost income, or non-economic, such as emotional distress.
Related: California Pure Comparative Negligence
The percentage of “fault” that a driver has can be negotiated privately between parties, through mediation, small claims court, or lawsuit in a California court. In the latter case, a jury would make the final decision.
Proving “Fault”
In the aforementioned cases, the drivers who commit a breach of traffic laws are at fault. That is because, in California, fault in a personal injury case is determined by the negligence of one (or both) parties.
In order to prove negligence, a party must demonstrate all of the following:
1. The party at fault owed a duty of care to the plaintiff and breached said duty of care. Duty of care in a T-bone accident means that drivers have a duty to obey traffic laws so as to avoid injuring themselves, their passengers, and other parties on the road.
2. The breach of duty of care occurred due to negligence on the part of the defendant. Some examples of negligence could be:
- Not yielding properly,
- Not obeying the speed limit,
- Not being vigilant (for example, checking their phone), and
- Driving under the influence of drugs or alcohol.
3. The negligence on the part of the defendant caused the damages for which the plaintiff is seeking compensation.
Related: Grounds to File a Car Accident Lawsuit in California
What evidence can be used?
In order to prove that a driver violated their duty of care, the other party can use various types of evidence. Regardless of fault, it is imperative that drivers acquire as much footage of the scene of the accident as possible, as well as information about potential witnesses. Police reports and insurance claims can also be used.
Some common types of evidence that can be presented in court include:
- Video or photographic evidence,
- Witnesses to the accident,
- Police reports,
- Testimony about the defendant’s driving experience, and/or
- Accident reconstructions.
Filing an Insurance Claim
A driver should file an insurance claim with their motor vehicle insurance company as soon after the accident as possible. This can be done through the contact information on the insurance card, or through the company’s website or app. Even if the policyholder is not at fault, they should file so that the company can protect them against their losses. If the insurance company wishes to pursue subrogation later, they may do so.
If a driver is uninsured and not at fault, they should file a third-party claim with the insurance company of the other party. More information on accidents while driving uninsured can be found here.
Contact Us
If you have any more questions about who is at fault in a T-bone accident in California, get your free consultation with one of our California Personal Injury Attorneys today! We won’t charge you a dime unless you win your case.