Determining liability in a T-bone (side-impact or broadside) collision is not automatic in Florida. Fault is predicated on establishing which driver had the right of way and whether negligence was a factor. Injured parties should consult our experienced Manatee County Car Accident Lawyers to understand their options and pursue appropriate recourse. Please continue reading for a comprehensive overview of the potentially liable parties.
What is a T-Bone Accident?
A T-bone collision, named for the “T” configuration formed upon impact, happens when the front of one car strikes the side of another. These incidents are predominantly observed at intersections where vehicles are maneuvering across one another’s trajectories. Typically, one vehicle proceeds directly through the intersection while the other is executing a turn or a crossing maneuver. Given the minimal structure safeguarding on a vehicle’s flank compared ot its front or rear sections, T-bone accidents frequently lead to catastrophic injuries for the occupants situated on the side of the impact.
How Is Fault Generally Determined in Florida T-Bone Accidents?
In Florida, determining who is at fault primarily involves negligence law—essentially, which driver acted carelessly and violated traffic laws. For a T-bone collision, the key inquiry is almost always who had the right of way. Generally, the driver who failed to yield is held responsible if the other driver had a green light, a clear stop sign, or the right to proceed, and the at-fault driver ignored the signal or sign. However, it is important to note that fault can sometimes be shared if both motorists contributed ot the accident through negligent driving.
Determining fault in a T-bone car accident often relies on Florida traffic laws, particularly those concerning red lights, stop signs, left turns, and yields. A motorist who violates one of these rules is generally breaching a safety regulation designed to prevent collisions. While evidence of a traffic violation strongly suggests negligence, it is not always conclusive, as other factors in the accident may also be relevant.
Can Both Drivers Be at Fault in a T-Bone Accident?
Florida employs a principle of modified comparative negligence to determine fault and compensation in car accidents. Under this rule, drivers can be assigned a percentage of fault. If a driver is found ot be %0% or less at fault, you can still recover damages, but the amount they receive will be reduced in proportion to their degree of fault. If a driver is found to be 51% or more at fault, they are legally barred from recovering any damages from the other party. This system is particularly important in T-bone accident cases, where insurers frequently attempt to assign a portion of the blame to the injured driver to minimize their payout.
Situations in which shared fault may occur include:
- An oncoming driver who was speeding excessively collides with a driver who failed to yield while turning left.
- A driver runs a red light, but the other driver was distracted and failed to brake in time to avoid the collision.
- A through driver who was driving too fast for conditions hits a driver pulling out from a side street without making a complete stop.
Consulting with a knowledgeable attorney at Becker & Lindauer, LLC is essential. They can analyze the facts of your case, clarify how fault will likely be determined under state law, and help you seek the financial recovery you require to move past the incident.
