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A side-impact accident, also known as a T-Bone accident, occurs when one car is hit from the side, usually at a 90-degree angle. Often, the side-impact accident is ruled as the fault of one driver, though both parties can be at fault in a side-impact accident.
How Side-Impact Accidents Occur
Side-impact car accidents often occur when one motorist refuses to yield to another while entering an intersection, merging onto oncoming traffic, or making a turn. It can happen when a driver reacts slowly at an intersection or turns when another vehicle is joining the lane. Another common cause of side-impact crashes is when one driver does not obey traffic lights or stop signs.
This results in a crash with another vehicle following the signals from a different direction at an intersection. In the instance that both drivers share fault for a side-impact accident, there is likely more than one reason at play. For example, one driver could fail to yield at a junction, and the other is tired with slow reaction time; therefore, they do not notice that the other driver has not cleared the intersection.
An alternate cause for this type of accident is when one motorist speeds through an intersection and a drunk driver jumps the lights or refuses to yield. Both elements contribute to the crash.
Types of Shared-Fault Car Accidents
Most people think that car accidents happen because one person is clearly at fault and the other motorist or pedestrian is innocent. However, that is not always the case. Usually, accidents are the fault of all the parties involved or unpredictable weather like rain and icy roads. Sometimes it is the fault of one motorist only, as in the case of drunk driving in the wrong lane at night.
In the scenario of a driver running a red light or driving under the influence, they are clearly at fault for the accident. However, not all side-impact accidents are that straightforward. Sometimes, both motorists involved are at fault. Some accidents occur because more than one driver was engaged in reckless behavior.
These situations call for insurance adjusters to investigate and find both parties at fault for the accident. The liability case can go several different ways, depending on the state.
Comparative Negligence
Many states follow comparative liability law for shared-fault car accidents. In comparative liability states, drivers get assigned a certain share, or percentage, of the blame. They can then pursue the other driver or drivers based on their level of fault.
In states like South Carolina, if a plaintiff (you) is less than 51% responsible for an accident, you will be eligible for financial recovery from the defendant. In Georgia, you must be less than 50% at fault to recover compensation. With the assigned percentages, one driver can pursue damages for that percentage of losses from the other driver.
Contributory Negligence
Other states follow a contributory negligence system. This means that if there is shared blame for an accident, even at 1%, one driver cannot seek compensation from another.
The degree of responsibility is usually determined by the police or insurance adjusters and investigators.
If the investigating party determines that the accident was due to shared fault at the scene, no court case or legal claim can help a driver obtain compensation from another.
Modified Comparative Negligence
A modified comparative negligence system balances both the contributory and the comparative negligence systems.
The modified comparative negligence system states that a partially at-fault driver can only pursue compensation from the other driver if their share of the blame does not exceed a certain level. If investigators or police have assigned a driver a higher percentage of fault, they lose all eligibility for seeking compensation from another party.
If an accident has just occurred and you are unsure of who holds liability, a lawyer can help you understand your legal options. A car accident lawyer may be able to help you receive compensation for property damages, medical costs, and more.
Contact George Sink, P.A. Injury Lawyers for Help Following a Car Accident
A lawyer’s help can prove invaluable after a car accident, especially one in which liability is unclear. Their services will allow you to focus on recovery and getting your life back on track. At George Sink, P.A. Injury Lawyers, we are well-equipped to deal with car accident cases. We will walk with you through the entire process and ensure you get the right amount of compensation if you are owed it.
Additionally, our attorneys will ensure that the insurance investigators perform a fair and unbiased investigation so that fault is not assigned to you without proper cause. We have handled many injury cases and consistently look out for our client’s best interests. If you live in South Carolina or Georgia, contact us today for your free consultation at (888) 612-7001.