In Pennsylvania, fault is determined in T-bone car accidents depending on factors like the traffic signal status at the time of the accident, each driver’s speed, right-of-way rules, driver distractions or impairment, road conditions, and more.
T-bone impacts, or side impact accidents, happen when the front of one vehicle crashes into the side of another, creating a T-shape similar to a T-bone steak. It is an extremely dangerous kind of accident for the people in the car with the side impact.
The fault for a T-bone accident could belong to either driver. Working with a Philadelphia car accident lawyer can help you get to the bottom of it. Knowing fault will let you know if you can get compensation for your accident.
Evidence for Proving Fault in a T-bone Accident
If you are eligible for a lawsuit, you must show evidence that you weren’t the at-fault driver in the accident. This evidence can include:
- Police reports
- Eyewitness testimonies
- Traffic camera footage
- Vehicle damage assessments
- Accident reconstruction expert analysis
If you took photos or video of your accident scene, that can also prove useful. You can also journal your experiences during and after your accident. This pain journal can be used to prove pain and suffering damages.
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877-751-9800How do Right-of-Way Laws Affect Fault in T-Bone Accidents?
Pennsylvania’s right-of-way laws under Title 75 dictate who has the legal right to proceed in various traffic situations, and violations of these laws often lead to side-impact collisions. Here’s how these laws can affect fault determination in a T-bone car accident in Pennsylvania:
- Red Light Violations: If a driver runs a red light and causes a T-bone collision, they will likely be found at fault for violating the right-of-way law.
- Failure to Yield at Stop Signs: A driver who doesn’t come to a complete stop or fails to yield to traffic with the right-of-way may be responsible for a resulting T-bone accident.
- Improper Left Turns: If a driver making a left turn fails to yield to oncoming traffic and causes a T-bone collision, they may be found at fault.
- Uncontrolled Intersection Collisions: In accidents at uncontrolled intersections, the fault may be assigned to the driver who failed to yield to the vehicle on their right.
While these laws provide a framework for determining fault, real-world situations can be complex:
- Multiple Violations: Both drivers might violate right-of-way laws simultaneously.
- Visibility Issues: Poor weather conditions or obstructions might affect a driver’s ability to see traffic signals or oncoming vehicles.
- Malfunctioning Traffic Signals: Faulty traffic lights can lead to confusion and accidents.
In these cases, fault determination may require a thorough investigation and potentially accident reconstruction experts.
Is Determining Fault Necessary in Pennsylvania Car Accidents?
We must determine fault in a T-bone car accident in Pennsylvania because of how car insurance works in this state. Some states use a no-fault system, where you do not need to prove fault to collect compensation. Most states have an at-fault system where you do.
Pennsylvania’s no-fault insurance system is unique because it gives people a choice between the two systems. They call the options full tort and limited tort.
- Full Tort Option: Allows you to sue the at-fault driver for all damages, including pain and suffering, regardless of injury severity.
- Limited Tort Option: Restricts your right to sue for pain and suffering unless you sustain a “serious injury.”
You do not have to prove fault in your accident if you have the limited tort option. However, you may not be able to collect the maximum amount of damages you can unless you have a serious injury.
If your injuries are considered serious, then you can sue the other driver for the rest of your damages. You can find out if you qualify and start your lawsuit by speaking with a car accident lawyer in Pennsylvania.
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877-751-9800How do I Know if I Can Sue Someone for Fault?
If you chose full tort coverage:
- You can sue for all damages, including pain and suffering, regardless of injury severity.
- Fault determination becomes crucial for maximizing your compensation.
- You have more flexibility in pursuing legal action against the at-fault driver.
If you chose limited tort coverage:
- Regardless of fault, you can still recover economic damages (medical bills, lost wages).
- You can only sue for non-economic damages (pain and suffering) if you sustain a “serious injury”.
Even with limited tort coverage, you may still be able to sue in a T-bone accident case:
- If your injuries meet the “serious injury” threshold. “Serious injury” includes death, serious impairment of body function, or permanent serious disfigurement.
- If the at-fault driver was DUI or driving a vehicle registered out of state.
- If you were a pedestrian or on a motorcycle at the time of the accident.
What is Modified Comparative Negligence?
In a T-bone accident, both drivers may share part of the fault. How do you decide who gets paid when that happens? Pennsylvania follows a modified comparative negligence rule. In these cases, fault percentages are assigned to each driver.
If you’re partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you’re more than 50% at fault, you cannot recover damages from the other party.
Prove the Other Party Was at Fault for Your Pennsylvania T-Bone Car Accident
Understanding these laws and their implications is important when dealing with a T-bone accident case in Pennsylvania. If you are shown to be at fault, you may lose your right to compensation after an accident.
If you’ve been involved in a T-bone accident in Pennsylvania, don’t leave the interpretation of right-of-way laws to the insurers. Contact Morelli Law Firm today for a free consultation with a Philadelphia personal injury lawyer.
Call or text 877-751-9800 or complete a Free Case Evaluation form