Several parties can share the blame for causing a T-bone car collision as per the provisions of Florida's comparative fault law. These parties could include the motorist involved in the accident, the car manufacturer, or any other road user who was not involved. Regardless of how your t-bone collision happened, the evidence on the accident scene will help narrow down who is partly to blame.
Document every detail, including taking photos, recording videos, and gathering contact information and eyewitness statements. This blog delves deeper into who is regarded to be at fault in a T-bone car accident.
The Other Driver
Let's begin with the simple presumption that in a T-bone car collision, at least one motorist of the involved vehicles will be held accountable for the incident. Vehicles shouldn't cross intersect at right angles simultaneously at any moment, meaning that one of the two motorists involved in the crash ought not to have crossed the intersection in the first place. An at-fault motorist can cross an intersection improperly for a variety of reasons.
Below are several common elements, a lot of which frequently occur together:
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Speeding
Motorists approaching intersection points at high speeds can find it challenging to slow down fast enough to avoid crossing an intersection and creating a T-bone collision. When a motorist speeds to beat a red light or get through an intersection slightly ahead of crossing vehicles rather than slowing down, they put themself at risk.
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Distraction or Inattention
The most common cause of T-bone collisions is when an automobile enters a busy intersection when it's not time. This occurs when motorists and truck drivers disregard red lights, traffic signals, or stop signs.
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Impairment
Driving when under the influence of drugs or alcohol, or simply feeling tired, can result in T-bone accidents at intersections. Drivers under the influence can make risky choices that could easily result in a collision with oncoming vehicles. It's not recommended for you to operate your vehicle while drunk or drowsy, or when taking any illegal or prescription medicines, alcohol, or some over-the-counter medications.
These circumstances could play a role in a motorist making a mistake at an intersection and causing a T-bone collision. However, they show how many different reasons there could be for why anyone can mistakenly drive into a road junction or intersection and cause a collision.
Legally Accountable Third Parties for the Other Motorist's Actions
Often, an at-fault motorist's action that results in a T-bone collision can be attributed to a condition beyond the motorist's control. A competent personal injury attorney understands the need to look beyond the acts of the other motorist. By doing this, they can identify if another party still contributed to the T-bone car collision by failing to take the essential precautions that could have avoided it.
For instance, if a commercial driver, like a trucker, is injured in an accident, their employer would nearly always be held directly accountable. This is due to the legal principle of respondeat superior, which considers the employers accountable for their employees' acts while they're on the job and doing work-related duties.
Road Designers and Engineers
Everyone has an intuitive perception that some crossroads are riskier than others. This isn't simply a gut instinct. Researchers can pinpoint locations where accidents occur more often than they ought to by looking at the accident and traffic data. The most challenging task is determining exactly what renders an intersection risky and who should have taken action to reduce those hazards and risks.
Some of the intersection features over which road designers and engineers have control are listed below. These can all attribute to an intersection being highly vulnerable to T-bone collisions:
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Poor or Inappropriate Signaling or Signage
The signals should be more robust when more individuals are expected to use an intersection. Engineers can occasionally make poor decisions, resulting in vehicles approaching an intersection failing to see the risk posed by oncoming traffic and failing to react accordingly. As a result, they run red lights or turn left when they should have turned right.
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Poor Sightlines
When approaching a crossroad, you should be able to view and assess the oncoming traffic easily. However, engineers can make poor decisions about where to position an intersection, leading to a "conflict point" between crossing vehicles that poses a risk that a motorist or trucker could enter the intersection by accident, leading to a T-bone car collision.
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Confusion in the Layout
Motorists should always be capable of figuring out whether they can pass through or exit at a junction without thinking about it for a long time. However, confusing and unclear traffic patterns could lead to motorists making mistakes and approaching crossroads when they ought not to.
Motorists should never presume that a crossroad is naturally well-designed. Each intersection is a potentially hazardous conflict zone that calls for the driver's complete and uninterrupted attention to traverse safely. Taking precautions while approaching an intersection could help prevent such accidents.
Manufacturers of Automotive Parts
Suppose a T-bone car collision occurs as a result of a mechanical problem. In that case, the automobile manufacturer or its respective automotive parts maker could be legally liable for producing and selling defective parts. If your attorney can demonstrate that a faulty part contributed to the accident, as opposed to other personal injury-related claims, the auto manufacturer is usually held "strictly" liable. This implies that all it takes to establish their fault is to show that they sold a faulty automobile or part.
There are a number of challenges involved in pinpointing the exact cause of an auto part's failure and demonstrating that it was the cause of the accident. A professional lawyer can assist you in determining whether a faulty auto part caused the accident.
If another motorist's vehicle malfunctions due to a faulty part, you could also have a strong case against an auto parts manufacturer or automaker. In this situation, all parties to the accident could be able to file a lawsuit against the vehicle manufacturer whose defective auto part caused the accident.
How Insurance Providers Establish Liability in T-Bone Accidents
The standard rule for assessing fault in an automobile accident is that the motorist whose front end of the vehicle collided with other motorists is at fault. This isn't always true in t-bone accidents.
The motorist who was hit could be responsible for the accident if they continued driving without yielding the right of way. In some cases, people struck by vehicles could have been at fault for the collision.
Many factors are considered by the insurance providers when determining fault in a t-bone accident. They'll always make an effort to contact the operators of the cars involved to gather their accounts of what occurred just before the accident.
If you've been hurt in an accident, tread carefully while contacting the other motorist's insurance company. You shouldn't even attempt it without legal counsel. After establishing an attorney-client relationship, all communication with insurers should proceed through your attorney.
Proving That Another Driver's Negligence Led to Your Injuries
It takes more than evidence of a driver's negligence to win a car accident lawsuit. It shows that an accident happened due to the motorist's negligence. And as a direct result of that incident, someone was injured, which resulted in significant monetary losses for that individual.
You would have to use additional evidence, such as a hospital bill, along with the previously mentioned evidence. It could also be helpful if your physician provides testimony to support your claim that you had a particular injury due to the incident and need a particular course of treatment.
Provide a breakdown of your lost earnings. You can provide a pay stub that details the amount of money you regularly make and the amount of time you missed from work due to recovery.
Common Injuries Sustained in T-Bone Accidents
Seeking medical assistance for any injuries received is the first step you should take after any auto collision. Even though every case is different, typical injuries in T-bone collisions include the following:
- Spine injuries.
- Neck injury.
- Amputated and crushed limbs.
- Traumatic brain injury.
- Severe internal and orthopedic injuries.
- Head trauma.
Tragically, many serious injuries, including traumatic brain injuries, could lead to the victim's death, leading to a wrongful death lawsuit. Surviving passengers in the T-bone vehicle are typically left with severe mental and physical scars, and their families could have to deal with the enormous financial stress of a sudden, catastrophic injury.
Individuals who live through the accident but sustain injuries could miss work for a long time in addition to incurring expensive healthcare and recovery costs. This could still be the case even after they make a full recovery. They might also be stuck with additional expenses, a severely damaged or totaled car.
Damages That Could Arise After a T-Bone Automobile Accident
There are a number of damages that could radically alter someone's life, along with T-bone accident injuries. Medical expenses are the most evident of these damages and frequently account for the biggest proportion of the compensation for a typical T-bone injury.
Even those with decent healthcare coverage and emergency funds might need help to keep up with the onslaught of expenses that can quickly push someone into debt.
T-bone collisions that lead to severe injuries can take a long time to treat and recover, leading to significant amounts of lost earnings that are vital to pay for other costs. They can lose out on their earnings and perks, pay raises, and other forms of income, including commissions.
It's not uncommon for individuals to be laid off permanently after suffering serious injuries in a vehicle accident. Because of the devastating nature of a T-bone accident, victims could also experience non-economic losses like suffering and pain or emotional trauma.
How a Personal Injury Attorney Can Help You
Victims involved in t-bone accidents cannot determine the responsible parties by themselves. Skilled Florida personal injury attorneys handle the challenging processes of investigating, identifying, and pursuing lawsuits against parties responsible for side-impact or T-bone collisions. A committed personal injury lawyer will:
- Identify each prospective defendant in a T-bone auto collision.
- Find out which of the involved entities has the means (through assets or insurance) to cover the cost of the losses.
- Make contact with each one of them and (ideally) try to come to an amicable agreement.
- If necessary, pursue additional legal action to hold those parties accountable.
Car accident victims involved in t-bone collisions should engage with a qualified attorney who has successfully recovered damages for other clients involved in similar incidents.
You can look them up online or have somebody you trust recommend a good attorney. You should be able to narrow down your potential law firms by researching. After that, you can arrange a meeting with them to find out additional information regarding how they handle issues like yours.
Are You Eligible to File a Lawsuit If You Are T-bone?
If you've been hurt in a T-bone collision, you could be entitled to file a claim for damages against the driver who caused the collision.
But, before bringing an action, you should check to see if you meet the prerequisites set forth by law. Florida's no-fault coverage model requires you to use your PIP insurance to cover medical costs and other damages.
You might be able to bring a claim for personal injury when the injury costs are higher than the amount of coverage offered by the no-fault coverage and if the injuries are regarded as "severe" in accordance with the standard established by Florida statutes. An example of a severe injury could include a broken bone, a major disfigurement, or total disability for at least ninety days.
A lawyer could respond to your inquiries and inform you of your legal options.
Find a Jacksonville Personal Injury Lawyer Near Me
If you or a loved one has been injured in a T-bone vehicle accident, contacting a seasoned personal injury attorney is the best bet for recovering compensation to cover the damages and losses. We at Jacksonville Personal Injury Attorney offer complimentary consultations to those who have been injured in Jacksonville T-bone accidents. We value a strong attorney-client engagement and are prepared to assist you in understanding your choices for seeking redress and compensation.
If you have any legal issues, require clarification on personal injury matters, or are prepared to take action immediately, don't hesitate to contact our experts. Call 904-800-7557 to get in touch with us.