“T-bone” accidents, also known as side-impact collisions or broadside crashes, are among the most dangerous types of vehicle accidents.
These collisions occur when the front of one vehicle crashes into the side of another, forming a "T" shape at the point of impact. The impact force concentrates on a relatively small area of the struck vehicle, often resulting in severe damage and injuries to the occupants.
T-bone accidents are particularly dangerous because the side of a vehicle often offers less protection compared to the front or rear. While modern cars are equipped with side-impact airbags and reinforced structures to improve safety, the risk of serious injury or death remains high.
Passengers on the struck side of the vehicle are especially vulnerable, as they are directly in the path of the oncoming vehicle.These accidents often occur at intersections when one driver fails to yield the right-of-way or runs a red light or stop sign.
The devastating consequences of T-bone accidents highlight the importance of determining fault and holding negligent drivers accountable.
Below, we'll discuss how fault is determined in T-bone accidents, New York's no-fault insurance system, New York’s comparative negligence rule, and how a personal injury lawyer can help if you were been injured in a side-impact collision.
What Causes T-Bone Accidents?
T-bone accidents are commonly caused by driver error or negligence.
Some of the most frequent scenarios include:
- Running a red light or stop sign: When a driver fails to stop at a red light or stop sign, the vehicle may collide with vehicles crossing the intersection, resulting in a T-bone crash.
- Failure to yield the right-of-way: T-bone accidents can occur when a driver does not yield to oncoming traffic when turning left or entering a roadway.
- Distracted driving: Drivers texting, talking on the phone, or otherwise not paying attention to the road may fail to notice traffic signals or other vehicles, increasing the risk of a side-impact collision.
- Impaired driving: Driving under the influence of alcohol or drugs can impair a person's judgment, reaction time, and ability to operate a vehicle safely, making T-bone accidents more likely.
- Vehicle defects: In some cases, a malfunctioning traffic signal or defective vehicle components, such as faulty brakes, can contribute to a T-bone crash.
Determining Fault in a T-Bone Accident
To determine who is at fault in a T-bone accident, investigators and insurance companies will consider several factors, including:
- Police report: Law enforcement officers who respond to the accident will create an official report that includes their observations and any citations issued.
- Traffic laws: The driver who violated traffic laws, such as running a red light or failing to yield, is often found at fault for the accident.
- Witness statements: Eyewitness accounts can provide valuable information about how the accident occurred and who may be responsible.
- Physical evidence: Skid marks, vehicle damage, and debris patterns can help reconstruct the accident and determine fault.
- Video footage: Surveillance cameras or dashcam footage may have captured the accident, providing clear evidence of fault.
New York's No-Fault Insurance System
New York is one of several remaining states that follow a no-fault insurance system for car accidents. Under this system, the applicable no-fault insurance company covers certain limited medical expenses and lost wages, regardless of who caused the accident. This coverage is known as Personal Injury Protection (PIP).
In New York, drivers must carry a minimum of $50,000 in PIP coverage.
The purpose of the no-fault system is to ensure that injured parties receive prompt compensation for their medical bills and lost income without going through a lengthy legal process to determine fault.
PIP coverage typically includes:
- Medical expenses: PIP will cover reasonable and necessary medical expenses related to the accident, such as hospital bills, doctor visits, medication, and physical therapy.
- Lost wages or income: If you cannot work due to your injuries, PIP will compensate for a portion of your lost income, subject to certain limits.
- Other expenses: PIP may also cover other accident-related expenses, such as household services or transportation to medical appointments.
However, no-fault coverage does not apply to vehicle damage or property damage claims. These claims require you to establish fault, and the at-fault driver's insurance must cover the damages.
It's important to understand that New York's no-fault system has certain limitations. PIP coverage is subject to policy limits, meaning once your medical expenses and lost wages exceed your policy's limit (including monthly wage limits), you will be responsible for any additional costs. An experienced personal injury attorney can help explain what elements of damages are covered and not covered under no-fault insurance..
In certain circumstances, an injured party may step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. To do so, the victim must have suffered a serious injury as defined by New York law,which is defined to include:
- death;
- significant disfigurement;
- dismemberment;
- a fracture;
- loss of a fetus;
- permanent loss of use of a body organ, member, function, or system;
- permanent consequential limitation of use of a body organ or member;
- significant limitation of use of a body function or system; or
- a non-permanent injury preventing you from performing your daily activities for not less than 90 days within the 180 days immediately following your accident.
If the victim's injuries meet one of these categories of serious injury, they may pursue additional compensation through a personal injury claim or lawsuit. This allows the person to seek damages for non-economic losses, such as pain and suffering, not covered under the no-fault system.
New York's Comparative Negligence Rule
In some T-bone accidents, both drivers may share some degree of fault. For example, one driver may have run a red light while the other was speeding. In such cases, New York follows a comparative negligence rule to determine how fault affects the injured party's ability to recover compensation.
Under New York's comparative negligence rule, also known as the "pure comparative fault" rule, an injured party can still recover damages even if they are partially at fault for the accident. However, their compensation will be reduced by their percentage of fault.
Here's how it works:
- Percentage of fault: During a personal injury lawsuit, the jury will determine each party's percentage of fault for the accident. For example, they may find that the plaintiff (the injured party) is 30% at fault while the defendant (the at-fault driver) is 70% at fault.
- Damage reduction: The plaintiff's awarded damages will decrease by their percentage of fault.
Under New York's pure comparative fault rule, a plaintiff can recover damages even if they are more at fault than the defendant.
However, while an injured party can still recover damages if they are partially at fault, their percentage of fault can significantly decrease the compensation they receive. Insurance companies and defense attorneys will often try to shift as much blame as possible onto the injured party to minimize the amount they have to pay.
In a T-bone accident, the comparative negligence rule comes into play when both drivers bear some responsibility for the collision. For example, if Driver A runs a red light and collides with Driver B, who was speeding, both parties may have contributed to the crash.
If Driver B suffers injuries and files a personal injury lawsuit, the jury will determine each driver's percentage of fault and reduce Driver B's awarded damages accordingly.
Should I Accept the First Offer From the Insurance Company?
No, you should not accept the insurance company's first offer without consulting an experienced personal injury lawyer.
Here's why:
- Initial offers are often low: Insurance companies are businesses whose goal is to settle claims for as little money as possible. The first offer they make is often much lower than what your claim is actually worth.
- You may not know the full extent of your damages: In the aftermath of a T-bone accident, you may not yet know the full extent of your injuries, the medical treatment you'll require, or how the accident will impact your life in the long run. Accepting an early offer may mean settling for less than you need to cover your current and future expenses.
- You have the right to negotiate: The first offer from the insurance company is just that – an offer. You can negotiate a higher settlement that fairly compensates you for your losses.
- An attorney can help you determine the true value of your claim: Personal injury lawyers have experience evaluating the full impact of accidents and injuries on their clients' lives. They can explain the true value of your claim, considering medical expenses, lost wages, future treatment costs, pain and suffering, and more.
- An attorney can handle negotiations on your behalf: Negotiating with insurance companies can be stressful and intimidating, especially when dealing with the physical and emotional aftermath of a serious accident. An experienced lawyer can handle these negotiations on your behalf, fighting for a fair settlement while you focus on your recovery.
- You may have grounds for a lawsuit: If the insurance company refuses to offer a fair settlement, you may have grounds to file a personal injury lawsuit against the at-fault party. An attorney can advise you on your legal options and represent you in court if necessary.
At William Mattar Law Offices, we strongly advise our clients not to accept the first offer from the insurance company without first speaking to one of our knowledgeable personal injury attorneys. We offer free consultations to help accident victims understand their rights and options, and we're committed to fighting for the maximum compensation our clients deserve.
How a Personal Injury Lawyer Can Help
After a T-bone accident, an experienced personal injury lawyer can protect your rights and secure the compensation you deserve.
A skilled attorney can:
- Investigate the accident: A lawyer can gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
- Determine fault: Your attorney will work to establish the other driver's negligence and minimize any allegations of fault against you.
- Pursue a personal injury lawsuit: Your attorney can help you file a personal injury lawsuit and advocate for additional compensation.
- Negotiate with insurance companies: Insurance adjusters often try to settle claims for as little as possible. An experienced lawyer can negotiate on your behalf to recover a fair settlement and maximum compensation under the circumstances.
- Represent you in court: If necessary, your attorney can represent you in court proceedings and present a compelling case to the judge and jury.
Contact the Car Accident Lawyers at William Mattar Law Offices
At William Mattar Law Offices, our experienced personal injury attorneys are dedicated to helping T-bone accident victims in New York State. We understand the physical, emotional, and financial challenges you face, and we're here to support you obtain maximum compensation for pain and suffering.
After a T-bone accident, don't hesitate to contact our office for a free consultation. Our knowledgeable team will review your case, answer your questions, and help you understand your legal options. Let us advocate for the compensation you deserve while you focus on your recovery.
Contact us today at (716) 444-4444 or through our online form for your free, no-obligation consultation.