T-bone car accidents are among the most dangerous types of crashes. Here, the front of one car strikes the broad side of another, and everyone involved is at risk of serious injuries.
The driver whose car initiated contact is in danger because their vehicle can sustain an impact that is largely consistent with a head-on collision. The other driver can be struck on the door side, or a passenger may be sitting in the part of the car that was hit. Regardless, t-bone car accidents have a higher rate of fatalities and serious injuries than other types of motor vehicle accidents.
If you believe someone else caused your t-bone collision, consult a car accident attorney as soon as possible to learn about your rights and how to prove fault.
You Have the Burden of Proof to Win Your Car Accident Case
In any car accident case, you must prove the other driver was negligent as a prerequisite to receiving any insurance settlement offer or award from a jury if your case goes to court. You have the burden of proof to demonstrate that the other driver was at fault for the accident. T-bone car accidents can be more challenging than other types of crashes because there is more room for the other driver involved to tell a different story.
Still, a car accident attorney can do everything in their power to put you in a position to receive a settlement check for your injuries. They will present as much evidence as possible to prove liability and your losses.
The Driver Who Failed to Yield When Required Is at Fault
The usual rule that applies in a t-bone accident case is that the driver who failed to yield the right of way as required by law will be the one to blame for the crash. For example, if a driver ran a stop sign or a red light, they should be liable for the accident and resulting injuries. This rule holds true, even if the driver who was struck is the one to blame for the crash.
Although this rule seems ironclad in theory, it may be challenging to prove that the other driver was the one who failed to yield. Some accidents may happen away from public view, where nobody else saw what happened.
You May Find Yourself Locked in a Truth Contest
Sometimes, both drivers in a t-bone car accident may tell completely different stories about the crash. This is known as a “truth contest,” in which each driver tries to pin the blame for the car accident on the other. These situations can jeopardize your legal case because you have the burden of proof to demonstrate negligence in a car accident case. If you do not have evidence that backs up your side of the story, you may not qualify for a settlement check for your injuries.
Your best hope is that you have compelling evidence backing up your version of events. In many cases, there may have been third parties who saw what happened, and they are willing to testify that the other driver failed to yield the right of way in your accident. Objective third-party witness testimony is often enough to break any tie in the case, especially because these witnesses do not have any financial incentive to come forward and give their story of events.
Your car accident lawyer may use other sources of evidence to put forth your side of the story. There may have been pictures of the scene of the accident that can reveal the angle at which the crash occurred or the damage to the cars involved. The police officer who showed up at the accident scene likely wrote a report, and there is a chance they included their conclusions about who was to blame for the accident. Although the police report may be persuasive to the insurance companies, it cannot be used as evidence in court because it is considered hearsay. Your car accident lawyer will know how to introduce this information in the proper way should your case go to court.
An Accident Reconstruction Expert Can Help Prove Your Case
In some cases, your car accident lawyer may need to work with an expert witness who can give their own opinion about what caused the crash. An accident reconstruction expert is often the option of last resort when you do not have other evidence that can break a truth contest. These witnesses use principles of math and physics to recreate the accident and reach their own conclusions about the chain of events that led to the crash. In some cases, the expert testimony may be persuasive to a jury or a court that must hear two different stories.
You Always Need a Car Accident Attorney for Your Case
Still, you may face challenges when you file an insurance claim for a t-bone car accident. The other driver’s insurance company may still be stubborn and force you to file a lawsuit if you want maximum compensation. They might insist on partially blaming you for the accident, which, if successful, can reduce your compensation or even eliminate it altogether.
You need a personal injury lawyer to protect your legal rights from any insurance company overreach. If the insurance company sees that you do not have a car accident attorney on your side, they may try to act opportunistically in denying your claim. When they see you hired a car accident lawyer to handle the claim, they may think twice about not showing the proper respect to your legal rights because they might have to defend a lawsuit in court. A lawyer gives your case more credibility, as litigation becomes a real possibility.
If you have been in a t-bone car accident, you need to hire a car accident attorney as soon as possible. Days matter when the possible liability for your car accident hangs in the balance. If you wait too long to hire a car accident attorney, you might no longer have access to valuable evidence you need to prove that the other driver was at fault for what happened. Even if you are dealing with physical injuries, you still cannot afford to take your eye off the legal process because the passage of time is certainly not your friend.