Who is at fault for a T bone car accident in Texas? T-bone car accidents—or side-impact collisions—often occur without warning and may result in severe injuries to those involved.
These are frightening accidents because the vehicles involved are usually traveling at high speeds, resulting in forceful impacts occurring in vulnerable spots of a car.
If you suffered injuries in a T-bone accident, you might be entitled to compensation for your losses. To fully understand your rights, you need to speak with a trusted personal injury attorney.
What Is a T-Bone Car Accident?
A T- bone car accident occurs when one vehicle is hit on the side by another car. The name “T-bone” comes from the cars forming a “T” formation in the collision. These crashes may also be called side-impact or broadside accidents.
Most commonly, T-bone accidents occur at intersections because one driver failed to yield to the right of way in violation of traffic laws.
A T-bone car accident may also occur when a driver runs a red light or attempts to cross lanes in front of oncoming traffic.
T Bone Accident Fault
Determining T bone accident fault is never straightforward. Determining who is at fault in a car accident, like a T-bone accident, is often not as straightforward as one may think.
Texas law applies the principle of comparative fault in personal injury cases. Comparative fault allows courts to hold each party accountable for their percentage of responsibility for an accident.
If the court finds you partially responsible for the accident, your damage award is reduced by your percentage of fault. For this reason, any number of parties may share responsibility for a T-bone car accident.
For example, the driver, the car manufacturer, an employer, or even the injured victim may share a portion of the blame and financial responsibility for an injured victim.
However, in Texas, if an injured victim is determined to hold 51% or more of the fault for the accident, they cannot recover damages.
A thorough investigation is required in a T-bone accident to determine fault.
Your personal injury attorney conducts this investigation through witness statements, photographs, and the official accident report prepared by reporting law enforcement to the scene.
Do I Have a Right to Sue If I was T-Boned in a Car Accident?
Texas law permits any car accident victim to pursue compensation for their losses. To recover, you must establish that the other driver, or other parties, were responsible for your injuries.
The ability to prove the other driver’s liability requires solid evidence of the following:
- The driver had a duty of care to drive safely,
- The driver breached this duty,
- You suffered injuries,
- The injuries you suffered were due to the driver’s breach of duty.
Contact an experienced personal injury attorney to review your case and explore your options for recovery.
What Can I Recover?
Car accidents often result in catastrophic injuries, and this is especially true in a T-boned accident. You may require expensive long-term medical treatments, in addition to the medical expenses you have already incurred. I
n Texas, recoverable compensation is divided into economic and non-economic damages.
Economic Damages
Economic damages represent financial losses directly related to the accident. These damages include:
- Medical expenses,
- Lost wages,
- Future lost wages,
- Property damage.
Economic damages are established through invoices, pay stubs, receipts, and other tangible evidence. They are typically easy to calculate based on known past and future expenses.
Non-Economic Damages
Non-economic damages represent physical suffering and emotional losses related to your accident.
These are intangible losses, somewhat subjective in nature, and with no set economic cost. Unsurprisingly, these vary from person to person and are more difficult to prove.
Non-economic damages include the following:
- Emotional distress,
- Pain and suffering, and
- Loss of companionship.
Non-economic damages often provide the most relief for injured victims as they relate to the emotional consequences of your injuries. However, proving these damages requires the assistance of a qualified personal injury attorney.
Contact Proven Lawyers To Help Determine T Bone Accident Fault
The car accident lawyers of Armstrong Lee & Baker LLP draw on a diverse and robust body of experience to provide the highest level of legal services to their clients.
We are well equipped to handle all kinds of personal injury cases, and we work diligently to pursue justice on our client’s behalf.
Contact our office today for a free consultation to find out how we can help you. Let us put our knowledge and determination to work for you.
Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world.
Frequently Asked Questions
Absolutely nothing. At Armstrong Lee & Baker LLP, our attorneys work on a contingency fee basis. This means that you owe us nothing unless we win your case, whether that’s in the form of a settlement or a judgment. We offer a free consultation to anyone who thinks they might have a personal injury case.
We suggest speaking with an attorney as soon as possible after your injury. Something to keep in mind is that all personal injury cases need evidence, and that evidence often degrades over time. As a result, many jurisdictions have a strict statute of limitations (or time limit) for filing a claim. In Texas, most victims have only two years from the date of injury to file, so it is important to start building your case immediately.
In the state of Texas, employers have the option of filing for workers’ compensation insurance. This policy covers them in case an employee suffers an injury on the job. However, some employers choose to be non-subscribers, which means they opt out of this coverage and lose certain legal protections. This means that if an injured employee sues them after a work injury, they may end up paying more damages. In addition, they may be liable for pain and suffering, punitive damages, and medical benefits. Learn more about non-subscriber injuries here.
The Texas Department of Insurance (TDI) keeps track of employers that report their non-subscriber status. Currently, you can find a spreadsheet of every reported non-subscriber business in Texas under TDI’s workers’ compensation insurance coverage verification page. This includes the business address, business name, and filing dates. Learn more here.
There are a few different ways to manage your bills while waiting for your case to settle. For medical treatment, it is common to arrange a lien with the doctor’s office or hospital. A medical lien is essentially an agreement to pay back your treatment costs with a portion of your potential settlement. Another option for miscellaneous bills, such as rent, utilities, or other essential expenses, is lawsuit funding. Much like a lien, you pay these loans back with a portion of your settlement or judgment. However, these loans have high interest rates and fees, so be sure to discuss this option with your attorney.