Home Vehicle Accidents Who Is at Fault in a T-Bone Car Accident? | The Brown Firm

Who Is at Fault in a T-Bone Car Accident? | The Brown Firm

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Proving the Other Driver’s Fault in a T-Bone Collision Can Be Very Challenging

It may be completely obvious to you that the other driver was the primary cause of the T-bone accident. But that’s no guarantee that the other driver (or their insurance company) will see it that way or admit to any culpability.

Again, with most T-bone accidents, the root cause is that the driver who was supposed to yield to the other vehicle at an intersection failed to do so. Usually, that’s because someone was speeding, driving distracted, driving under the influence, or failed to property stop at a stop sign or red light.

But if, for example, there were no eyewitnesses, the driver of the other vehicle may try to pin the blame on you. They may outright lie and say they were the ones with a green light. And if you don’t have strong evidence to back up your side of the story, they may well get away with it.

And in fairness, the other driver doesn’t have to be knowingly lying, either. Car accidents are traumatic experiences for everyone involved. They may simply remember the crash differently than you do. That’s another reason why proving fault can be such a challenge.

So, if you think you can sit back and trust that your good word and the official police report will be enough to carry the day in court, think again.

How A Personal Injury Attorney Can Help You Prove Fault in a T-Bone Accident

A skilled and experienced car accident attorney will have a variety of tactics at their disposal to investigate the case and uncover the truth about what happened. These include, but are certainly not limited to:

  • Making every possible effort to contact any eyewitnesses and get their statements.
  • Identifying and obtaining any surveillance tapes that might be available, such as nearby security cameras or dashcam footage, as quickly as possible (before the footage is erased).
  • Working with a traffic accident reconstructionist to piece together the most likely cause of the crash, by observing debris patterns, skid marks on the road, photographs, and other available evidence.
  • Picking carefully through conflicting statements and testimony for weaknesses in the other driver’s version of events.
  • Aggressively investigating whether other third parties (such as a car manufacturer who built a faulty seatbelt, or a bar that knowingly overserved a drunk driver) could be liable as well.

Your car accident lawyer can also help you avoid falling into traps that the insurance adjuster might set for you, such as getting you to make a statement on the record that could be used against you—for example, getting you to state that it’s possible you might share some of the fault, or that your symptoms might not be as bad as they seem.

Remember, the insurance company has been playing this game for a long time, and their goal is to get rid of your case as quickly and inexpensively as possible. Meanwhile, you’re just trying to get your life back together, and need to focus on your healing—not on fighting the insurer, on their terms, on their turf. They will not hesitate to take advantage of your situation and inexperience to get you to settle for a much smaller amount than you deserve—or deny your insurance claim entirely. That’s why you should always seek legal assistance.

How Much Should I Claim? Will My Case Go to Trial?

In addition to helping you determine fault in the accident, your attorney will also calculate how much your case is worth. Assessing the value of your damages can be difficult, as it often requires estimating future medical costs and lost wages, careful accounting of all your symptoms, and subjective evaluation of your pain and suffering. However, this is critically important work, as once you settle with the insurance company, you are unable to go back and ask for more later.

Once you and your attorney arrive at a number, you will make a demand for compensation. Sometimes the insurer will agree if the evidence is overwhelming, but often they will counteroffer to try to get you to take a lowball settlement.

If the two sides can’t come to a fair agreement, then you may have to file a lawsuit. However, this doesn’t necessarily mean your case will end up at trial. The two sides can still negotiate all the way up to the trial date, and most cases do eventually settle before then.

However, it’s still important to hire an attorney with trial experience, as this shows the insurance company that you’re not afraid to fight for what’s fair and discourages them from making bad faith settlement offers.

RELATED POST: Should I Take the First Settlement Offer in My Injury Case?

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