Learn who’s typically at fault in a T-bone accident and the steps you need to take to reduce your liability and maximize your compensation
A T-bone accident is a type of car crash where the front of one vehicle crashes into the side of another, forming a “T” shape. The violent collisions can leave you with serious injuries and lasting trauma, especially if you’re on the side of the car that gets hit.
The force of the impact can whip your body sideways, causing you to strike your head against the window. Airbags can deploy with a loud bang, flooding the cabin with smoke and fumes, while loose objects, like cell phones and purses, can become dangerous projectiles, adding to the chaos and potential harm.
If you’ve experienced a T-bone accident in South Carolina that resulted in catastrophic injuries or wrongful death, it’s important to consult with an attorney to protect your rights.
At Chappell, Chappel and Newman, our experienced Columbia accident attorneys are here to help you navigate legal issues, address insurance disputes, and ensure you receive the compensation you deserve.
Not sure if you have a viable claim?
That’s why we’re here! Schedule a free consultation today to discuss your case, and let our attorneys help determine if you have the legal grounds to pursue a lawsuit against the negligent party.
The grim reality of car crashes in South Carolina
Across the U.S. and South Carolina, car crashes are a daily reality. The South Carolina Department of Public Safety reports a staggering number: On average, nearly 400 vehicles are involved in accidents every single day in our state.
That’s right, every 24 hours, hundreds of crashes occur on South Carolina roads. Tragically, these accidents claim lives, with an average of 3 people needlessly dying every day in car accidents.
How fatal are T-bone crashes?
According to the Insurance Institute of Highway Safety (IIHS), side impact crashes were the second leading type of crash in the U.S. in 2021 that led to fatalities, accounting for nearly 1 in 4 passenger vehicle occupant deaths.
They were second only to head-on collisions, which accounted for an astounding 59% of passenger vehicle occupant deaths that same year.
What causes a T-bone accident?
T-bone accidents are typically caused by one driver failing to yield the right-of-way to another. This can happen in several scenarios, such as when drivers:
- Run red lights or stop signs
- Text, talk with others in the car, or generally don’t pay attention to their surroundings, commonly referred to as distracted driving
- Speed or drive recklessly
- Drive under the influence of alcohol or drugs
- Misjudge the gap or speed of an oncoming vehicle
In some cases, other factors like poor weather conditions or vehicle malfunctions can contribute to a T-bone accident. However, most often, these crashes are preventable and caused by human error.
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Who is usually at fault in a T-bone?
When delving into the question of legal responsibility in a T-bone car accident, there can be a surprising array of potentially liable parties, which we’ll discuss below.
The other driver
Let’s address the obvious: In a T-bone collision, fault typically lies with one of the drivers involved. Crossing an intersection at perpendicular angles simultaneously violates traffic rules, indicating that one driver should have yielded.
What circumstances might lead a driver to disregard intersection rules?
Several factors often intertwine, including:
- Excessive speed. Approaching an intersection at high velocity may prevent a driver from halting in time to avert entering the intersection, precipitating a T-bone collision. Speeding becomes particularly hazardous when a driver accelerates to outpace a red light or swiftly pass through an intersection, disregarding the need to decelerate.
- Distraction or inattention. T-bone accidents frequently stem from a vehicle entering an intersection out of turn, often due to drivers neglecting stop signs, traffic signals, or red lights.
- Impairment. Operating a vehicle under the influence of alcohol, drugs, or fatigue significantly elevates the risk of T-bone collisions at intersections. Impaired drivers tend to make perilous choices, culminating in collisions with oncoming traffic. It’s imperative that drivers abstain from driving under the influence of alcohol, illicit substances, specific over-the-counter or prescription medications, or while fatigued.
These examples merely scratch the surface of poor decisions by drivers that can lead to preventable intersection accidents.
Other parties potentially liable for the other driver’s actions
In some instances, T-bone car accidents can stem from factors beyond the immediate control of the drivers involved in the accidents. Consider scenarios such as:
- Employers. If one of the drivers was operating a vehicle as part of their job, their employer might be held liable under the legal principle of “vicarious liability,” provided the employee was acting within the scope of their employment.
- Government entities. Poorly maintained roads, inadequate signage, or malfunctioning traffic signals can contribute to accidents. In such cases, the city or state government responsible for road maintenance and traffic control could be liable.
- Automotive parts manufacturers. Mechanical failures, such as faulty brakes or malfunctioning airbags, can also contribute to T-bone collisions. If a collision occurs due to a defective vehicle or auto part, the manufacturer may be held liable through a product liability lawsuit.
Seasoned car accident attorneys understand the importance of looking beyond the actions of the other driver and assessing whether another party might share responsibility for the T-bone collision to maximize your compensation.
What happens if I’m partially at fault for an accident in South Carolina?
South Carolina operates as an at-fault state, wherein the driver who caused the accident is liable for the other party’s injuries and property damage. This means the at-fault driver’s insurance company is typically accountable for damages up to the policy limits.
If you’re partially at fault for an accident in South Carolina, the state’s modified comparative negligence rule will apply. Under this rule, you can still recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault.
Here’s an example:
In a T-bone accident, let’s say you are found to be 30% at fault because you were speeding, while the other driver is 70% at fault for running a red light. If the total damages amount to $100,000, you would be able to recover $70,000 (which is 70% of the total damages) after reducing the compensation by your 30% share of the fault. However, if you were found to be 51% or more at fault, you would not be able to recover any damages.
What types of compensation can I expect after a T-bone accident?
After a T-bone accident, you can expect to seek various types of compensation, including:
- Medical expenses. Covers costs for hospital stays, surgeries, doctor visits, medications, physical therapy, and any future medical care related to the accident.
- Lost wages. Reimbursement for income lost due to inability to work during recovery, including future earning potential if the injuries result in long-term or permanent disability.
- Property damage. Compensation for the repair or replacement of your vehicle and any other personal property damaged in the accident.
- Pain and suffering. Non-economic damages for physical pain, emotional distress, and mental anguish resulting from the accident and injuries.
- Loss of consortium. Compensation for the negative impact on your relationship with your spouse or family due to the accident and injuries.
- Rehabilitation costs. Covers expenses related to rehabilitation services such as occupational therapy, vocational rehabilitation, and other necessary treatments to help you regain functionality.
- Disability and disfigurement. Compensation for any permanent disabilities or disfigurement resulting from the accident.
- Punitive damages. In cases of gross negligence or intentional misconduct by the other driver, you may be awarded punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future.
While South Carolina generally doesn’t impose caps on economic damages, there are limitations on non-economic damages in some cases. For detailed and case-specific advice, consulting with a personal injury attorney in South Carolina is recommended.
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What should you do after a t-bone car accident?
Determining fault in a T-bone accident is often straightforward, particularly when one driver disregards traffic laws by running red lights or drinking and driving. However, even when fault seems evident, gathering evidence is crucial to substantiate your claims, as negligent drivers may contest them.
Here are steps to safeguard your entitlement to compensation following a side-impact collision:
- Report the accident to the police, as an official police report will be essential for insurance claims and legal actions.
- Record the names and contact details of witnesses present during the incident.
- Capture photos of the accident scene, documenting road conditions, vehicle damage, and any injuries sustained.
- Exchange insurance information with all involved drivers and passengers.
- Even if you feel fine, get a medical evaluation. Some injuries may not be immediately apparent, and a medical record is important for any future claims.
- Report the accident to your insurance provider as soon as possible, and provide them with all the details and documentation you’ve gathered.
If you or a loved one suffered serious injuries or wrongful death, we highly advise seeking the help of an experienced local attorney to ensure you receive the full compensation you’re entitled to under South Carolina law.
Injured in a T-bone accident in Columbia? We can help!
T-bone crashes in Columbia, South Carolina, can have devastating consequences, including significant property damage and severe injuries that lead to extensive medical bills and maybe even an inability to return to work.
Navigating the aftermath of such an accident requires experienced and knowledgeable legal support. At Chappell, Chappell and Newman, our dedicated Columbia personal injury attorneys bring over 30 years of experience to the table, ensuring that your case is handled with the utmost care and attention to detail.
If you or a loved one has been involved in a T-bone accident, don’t hesitate to contact us for a free consultation. We’re here to fight for your rights and help you secure the compensation and justice you deserve.
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References
Fatality Facts 2017: Passenger vehicle occupants. (2017). IIHS-HLDI Crash Testing and Highway Safety. https://www.iihs.org/topics/fatality-statistics/detail/passenger-vehicle-occupants
SOUTH CAROLINA TRAFFIC COLLISION FACT BOOK. (n.d.). https://scdps.sc.gov/sites/scdps/files/Documents/ohsjp/fact%20book/2021%20Fact%20Book%20Final.pdf