Determining who is at fault in a T bone accident can be especially difficult. Typically, the driver who violates the right-of-way is the one at fault—often a driver turning left or failing to yield at a stop sign. In California, fault can be shared between both drivers due to the state’s comparative negligence system.
Whenever liability is disputed, t-bone accident attorneys are a great help. They can assess the percentage of fault and determine how much compensation their clients (typically the plaintiffs) are entitled to. If you or a loved one are in this situation, Megerechian Law can help you. Schedule a free consultation by calling (866) 359-0807. Hablamos Español.
Determining Who is At Fault in a T Bone Accident
Liability for a T-bone crash can fall on one or both drivers, depending on the specific circumstances leading up to the accident. In California, each party’s degree of fault is considered when determining liability. A person injured in a T-bone accident can establish fault by proving that the other driver was negligent. Legally, negligence means failing to exercise the level of care that a reasonably prudent driver would use under similar circumstances.
That Being said, let’s breakdown what happens when one or both drivers share liability:
When One Driver is At-Fault
When only one driver is determined to be liable, that driver is held legally and financially responsible for the resulting damages. This includes covering medical expenses, property damage, lost wages, and potentially pain and suffering for the other party involved. Once liability is clear, the at-fault driver’s insurance company is usually responsible for compensating the injured party.
If a settlement cannot be reached or the damages exceed policy limits, the victim may file a personal injury lawsuit to pursue full compensation. Having legal representation can help ensure the injured party recovers the maximum amount allowed under California law.
When Both Drivers Are At-Fault
When both drivers are found to be at fault, each party shares responsibility for the crash and any resulting damages. In these situations, fault is typically divided based on the degree to which each driver contributed to the collision. This determination is made through evidence like police reports, traffic signals, and witness statements.
Each driver’s insurance may then cover a portion of the damages based on their assigned level of fault. For example, if both are equally at fault, each may be responsible for 50% of the other’s losses. This can complicate the claims process, often requiring more negotiation between insurance companies and legal representatives to reach a fair resolution.
Who Else Can Be Liable?
The Vehicle’s Manufacturer
In some T-bone collisions, a vehicle defect—like malfunctioning brakes or a jammed accelerator—may be a key factor in causing the accident. When this happens, the company that built the car could be legally responsible for injuries and property damage.
Laws in many states, including California, allow victims to file product liability claims against manufacturers if a defective auto part contributed to the crash. These claims typically don’t require proof of negligence, but the injured party must still demonstrate that the vehicle part was defective, unreasonably dangerous, and directly tied to the accident.
Keep in mind that if a recall was issued and ignored, or if the vehicle wasn’t properly maintained, the manufacturer’s responsibility may be reduced or eliminated.
To determine if a defect played a role, your attorney may launch a detailed investigation into the mechanical condition of all vehicles involved. This may include reviewing service records, analyzing the crash scene, and working with automotive experts. If evidence shows the defect contributed to the collision, the manufacturer could be held partly or fully liable for your losses.
A Third Driver
In some crashes, the driver who caused the accident may never actually hit another vehicle. For example, a motorist who makes an illegal left turn could force an oncoming driver to swerve and crash into a third car. Even though the first driver didn’t collide with anyone, they can still be held responsible for setting the accident in motion.
California law requires any driver whose actions contribute to a crash—whether or not there was direct contact—to remain at the scene. Unfortunately, not everyone does. If that driver leaves, they could face hit-and-run consequences. Gathering evidence right after the accident—like witness statements, photos, or nearby surveillance footage—can help your lawyer track down the person at fault and pursue the compensation you deserve.
The Importance of the Right of Way
Determining fault in a T-bone collision often requires a close look at traffic laws related to the right-of-way.
Each state sets its own rules about when a driver must yield, particularly at intersections. When a driver fails to yield as required—like when entering an intersection without stopping or turning in front of oncoming traffic—they may be found at fault for the crash. These right-of-way laws don’t automatically “grant” a driver the right to proceed, but rather clarify when they are expected to yield. Regardless of who has the right-of-way, all drivers are expected to use reasonable care to avoid a collision if it’s apparent that another motorist is acting unsafely.
Traffic signals and signs at intersections play a critical role in assigning right-of-way and determining responsibility for an accident. Running a red light or failing to stop at a stop sign is a strong indicator of negligence. A driver who lawfully enters an intersection with a green light or clear sign to proceed generally has the right-of-way, but must still remain alert for drivers who may disregard traffic controls. In legal terms, even the driver with the right-of-way must act with caution if another vehicle is clearly creating a dangerous situation.
Hire Aggressive, Experienced T-Bone Accident Attorneys
If you were involved in a T-bone accident, you don’t fight for compensation alone. Team up with Megerechian Law’s T-bone accident attorneys to increase your chances of obtaining maximum compensation. We are aggressive, understand the law, and have the wit and experience to win on your behalf. Call (866) 359-0807 to schedule your free consultation today.