Being in a T-bone accident is scary, especially if you or a loved one was hurt in the wreck. One of the most important things you need to know afterward is who was at fault - because it can determine whether or not you’re entitled to compensation. At the Law Office of Tyler Rody, our Spartanburg car accident attorneys are here to explain how fault is determined and help you through the legal process to get what you deserve.
A T-bone accident happens when one car hits the side of another vehicle, usually at an intersection. These factors commonly contribute to fault:
Right-of-Way Violations: If a driver doesn’t follow the rules, like running a red light or failing to yield, they’re usually considered at fault.
Speeding or Reckless Driving: Going too fast or driving dangerously can also make someone responsible for the accident.
Distracted Driving: If a driver was texting or distracted in any way, they could be blamed for causing the crash.
Driving Under the Influence: If someone was driving drunk or under the influence of drugs, they’re likely to be at fault for the accident.
Most of the time, the driver that is turning will be placed at fault for a T-bone accident. A common accident we see is when a driver going straight has a green light and the driver on the other side has a green yield or flashing yellow light to turn left. The driver turning cannot turn until and unless the intersection is clear.
It’s important to note that even if you are placed at fault at the scene, that does not necessarily end your chances of recovering for your injuries. The insurance companies and the jury at trial are the ultimate decision makers.
South Carolina uses a rule called modified comparative negligence to decide who is at fault in a car accident. Here’s how it works:
If you are less than 50% at fault for the accident, you can still receive compensation. However, the amount you get will be reduced by your percentage of fault. For example, if you’re 30% responsible, you’ll receive 70% of the compensation. If you are 50% or more at fault, you can’t recover any damages. That’s why it’s so important to work with a lawyer who can help prove the other driver’s responsibility and minimize any blame placed on you.
After a T-bone accident, taking the right steps can protect your rights and strengthen your case:
Get Medical Help: Even if you feel fine, some injuries show up later. Always get checked out by a doctor.
Call the Police: Make sure a police report is filed. This document will be important when filing an insurance claim or lawsuit.
Collect Evidence: If possible, take pictures of the scene, your car, and any injuries. Get contact information from witnesses.
Report the Accident: Let your insurance company know about the accident, but be careful when speaking to the other driver’s insurance—they may try to get you to say something that hurts your case.
Contact a Lawyer: A Spartanburg lawyer can help you understand your rights, handle insurance negotiations, and build a strong case for you.
Knowing who’s at fault in a T-bone accident is key to getting compensation for your injuries and damages. At the Law Office of Tyler Rody, we’re here to help you through the legal process and make sure you understand your rights. If you’ve been in a T-bone accident, contact us today for a consultation.