T-bone accidents can have devastating consequences, physically, emotionally, and financially. Determining liability in any auto accident is crucial, but California’s tort laws make it even more important. If you were involved in a T-bone accident, understanding who can be held at fault is imperative to protect your right to compensation. Keep reading for more information and consult with a knowledgeable San Mateo County, California car accident lawyer to secure the help of a legal professional.
What is a T-Bone Accident and How Do They Occur?
A T-bone accident, also called a side impact collision, happens when one vehicle crashes into the side of another, creating what looks like a “T.” These incidents most commonly occur at intersections but can also happen in parking lots or while pulling in or out of a driveway.
T-bone accidents are extremely dangerous because the sides of vehicles do not offer as much protection as the front or rear. Occupants closest to the impact do not have a lot of space and will absorb the force of the crash. Serious injuries can occur even at moderate speeds.
Who is At Fault for a T-Bone Accident in CA?
Determining fault in a T-bone accident in California is an essential step toward recovering damages. While it often appears that the driver who struck the side of the other vehicle is at fault, that is not always the case. A thorough investigation may reveal that fault is shared or lies with a third party entirely. Multiple parties may bear responsibility for the collision, including:
- A negligent driver: The most common at-fault party is the driver who failed to yield the right-of-way, ran a red light or stop sign, was distracted, speeding, or driving under the influence. Even the driver who was struck may be somewhat at fault if they were speeding, failed to signal, or contributed to the accident in any way.
- A vehicle manufacturer: If the accident was caused or worsened by a vehicle defect, such as brake failure, faulty airbags, or steering issues, the manufacturer could be held liable under product liability laws.
- A repair or maintenance shop: A mechanic or repair shop can be held liable if their negligent work directly led to the accident.
- A government agency: A city, county, or state agency may be at fault if the collision was caused by dangerous road conditions, improperly maintained traffic signals, or poorly designed intersections.
While it is easy to assume that the driver who struck the side of the other vehicle is automatically or entirely responsible, it is not always so straightforward.
How Does Comparative Negligence Play Into a T-Bone Accident Case?
California uses a pure comparative negligence system. This means that even if you are partially at fault for a T-bone accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% responsible, you can recover 80% of your total damages.
This is an important concept as it allows multiple parties to share responsibility for the resulting damages. For example, the driver who struck the other will likely be found liable, but a manufacturer whose negligence contributed could also be held accountable.
For more information, contact a skilled attorney today.