Who Is At Fault In A T-bone Accident?
T-bone collisions happen quite a lot in the state of Florida. It is called a T-bone accident because, when this accident occurs, the vehicles involved form a letter T. A T-bone accident can also be referred to as a broadside or side-impact accident. Often, T-bone accidents happen at intersections. However, such an accident can happen anywhere. If you have been in a T-bone collision in Florida, it is crucial that you hire a skilled attorney. An attorney can protect you by ensuring that fault has been assigned to the responsible driver. Determining liability in a side impact accident requires substantial investigation, which a qualified attorney can help you with.
Who Had the Right of Way?
In a side-impact accident, who is at fault is usually dependent on which driver had the right of way. Usually, such accidents happen when one vehicle has the right of way and the other vehicle refuses to yield the right of way. Generally, the driver who failed to yield the right of way is to blame for a T-bone accident.
However, it is possible for even the driver who had the right of way to be found partially responsible for their T-bone accident. For example, if you were distracted driving at the time of your accident, you may be held partly responsible. Other ways a driver with the right of way may bear some fault in a T-bone accident include:
- A driver was speeding.
- A driver did not have their headlights on in the dark
- A driver was drunk driving
- The brakes failed because the vehicle was improperly maintained.
To help you prove you had the right of way, your attorney may try to interview witnesses and request them for any videos they might have taken on their phones. Your attorney may also try to acquire footage from traffic cameras. Fortunately, there are a lot of traffic cameras in Florida. If it comes down to you and the other motorist battling it out over who had the right of way, a qualified attorney can help you ensure you sound more credible.
Comparative Negligence Law in Florida
Fortunately, even if you share a percentage of fault for your Florida T-bone accident, you can still recover compensation from the other driver who is also to blame for your accident. This is because Florida follows the comparative negligence rule. However, if you are partially to blame for your Florida side-impact accident, the compensation you recover will be reduced by your percentage of fault.
For example, suppose you are 30% responsible for your T-bone accident, and the other driver is 70% to blame. In such a case, if your damages total $100,000, you will recover $70,000, which is 70% of $100,000.
In conclusion, the reality is that determining fault after a T-bone accident is not an easy task. Liability cannot be established by simply looking at which vehicle T-boned the other.
Legal Help Is Available
If you suffered injuries in a Florida T-bone accident and need help proving liability and recovering the compensation you deserve, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the West Palm Beach, Miami, Tampa, Jacksonville, Orlando, Ocala, Daytona Beach, Fort Myers, and Bradenton areas.
