Who is at fault for a T-bone accident?

Every T-bone accident starts with the same sound: metal slamming into metal, followed by the questions no one wants to ask—“Who ran the light?” “Whose fault is this?” And the one that keeps people up at night: “Who’s going to pay for this?”

If you’re dealing with the aftermath of a T-bone crash and need answers, TopDog Law’s network of local car accident lawyers is ready to help. Call (888) 778-1197 today for a free case evaluation.

Who is at fault for a T-bone accident?

The at-fault driver is usually the one who violated the right-of-way, such as running a red light or stop sign.

• Making an illegal left turn or failing to yield often puts a driver at fault for causing a side-impact crash.
• Distracted, speeding, or impaired drivers who cause T-bones are typically found liable, especially with traffic violations involved.
• Shared fault may apply under comparative negligence laws if both drivers made mistakes leading to the crash.
• Lawyers use evidence like police reports, witness statements, and traffic footage to determine who’s responsible and prove it to insurers or in court.

What Exactly Is a T-Bone Accident?

These collisions usually happen at intersections. Someone ignores a traffic signal or misjudges another driver’s move, and two vehicles collide at a 90-degree angle. It’s not pretty. And while the physics of these crashes are simple—one car moving forward, the other crossing its path—the damage is anything but. Side panels offer a fraction of the protection compared to the front or rear of a vehicle. There’s less car between the driver or passenger and the other vehicle barreling toward them. That’s why T-bone accidents frequently lead to serious injuries like traumatic brain injuries, spinal cord damage, and internal bleeding.

According to the Pennsylvania Department of Transportation’s Crash Facts and Statistics Report, nearly 24% of all multi-vehicle crashes in the state happen at intersections—prime spots for a T-bone.

Who’s Usually at Fault in a T-Bone Crash?

T-bone accidents don’t leave much room for debate when it comes to damage. One side of the vehicle takes the hit, the other does the hitting. But figuring out who’s legally responsible—that’s where things get complicated. Fault usually traces back to one question: who had the right of way?

When drivers enter an intersection, traffic laws decide who gets to go and who needs to wait. And if someone ignores those rules, they end up at fault. For example, Pennsylvania law 75 Pa.C.S. § 3112(a) states that drivers must obey traffic control signals unless directed otherwise by a police officer. If a driver blows through a red light, they violate this statute—and that’s a one-way ticket to liability in most T-bone accidents.

Common Scenarios Where Fault Falls Squarely on One Driver

These are the situations that make insurance adjusters and attorneys nod because they’ve seen them too many times:

• Running a red light or stop sign: One driver doesn’t feel like waiting and barrels through. They strike a vehicle lawfully crossing the intersection. Drivers approaching a stop sign must yield to any vehicle already in the intersection. Failure to do this puts them at fault.
• Making an illegal left turn: A driver turns left at an intersection without waiting for oncoming traffic to clear. They misjudge the timing (or ignore it completely) and get broadsided. Any driver turning left must yield to oncoming vehicles that are close enough to be an immediate hazard.
• Failing to yield from a private driveway or parking lot: A car darts out into traffic from a lot or driveway and gets slammed. Drivers emerging from alleys, buildings, private roads, or driveways must stop and yield the right of way to all approaching traffic on the roadway.

Other Key Factors That Determine Fault

Traffic Violations That Make a Mess Worse

T-bone accidents thrive on bad decisions. Sometimes it’s just one mistake—other times, it’s a pile-up of poor choices. Traffic violations act like red flags in these cases.

Common violations that shift blame include:

• Running red lights
• Rolling through stop signs
• Making illegal or unsafe turns
• Failing to use turn signals
• Driving the wrong way on a one-way street

When one driver violates traffic laws and another obeys them, liability usually falls on the lawbreaker. But it gets murkier if both drivers bend the rules.

Distracted Driving

Distractions behind the wheel take many forms—phones, fast food, screaming kids, even fiddling with GPS. But distraction turns a split-second decision into a dangerous one. If a driver distracted by fatigue, for example, misses a stop sign or traffic signal and plows into another vehicle, proving they were not paying attention becomes a key factor in assigning fault.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed over 3,500 people in one recent. And many of those incidents happened at intersections.

Some states have passed strict distracted driving laws to crack down on this problem:

• California Vehicle Code § 23123.5 bans handheld phone use while driving.
• Florida Statutes § 316.305, the Wireless Communications While Driving Law, prohibits texting and driving statewide.
• New York Vehicle and Traffic Law § 1225-d outlaws using portable electronic devices while operating a vehicle.

If investigators find a driver was distracted at the time of a T-bone accident, it tilts the scale of fault in a big way.

Speeding

Excessive speed limits a driver’s reaction time. At intersections, that matters. A driver might have a green light, but if they speed into the intersection and strike another vehicle turning left, they can shoulder some blame.

Speeding violations factor into liability under many state laws:

• Virginia Code § 46.2-862 defines reckless driving as going 20 mph over the speed limit or over 85 mph regardless of the posted limit.
• Illinois Vehicle Code 625 ILCS 5/11-601 sets basic and absolute speed limits. Exceed them, and you’re in violation, whether or not an accident occurs.

Even if a driver had the right of way, speeding can reduce their ability to avoid a crash and open them up to partial liability in a T-bone accident.

Impaired Driving

Drivers under the influence have no business making decisions at intersections—or anywhere else behind the wheel. Impaired judgment, slowed reaction time, and reduced awareness contribute to many T-bone crashes.

Every state has DUI/DWI laws that establish legal limits and penalties:

• Arizona Revised Statutes § 28-1381 criminalizes driving with a BAC of 0.08% or more.
• Massachusetts General Laws Chapter 90, § 24 makes it illegal to operate under the influence of alcohol or drugs.
• Texas Penal Code § 49.04 sets similar standards, making DUI offenses punishable by jail time and fines.

If a driver involved in a T-bone crash tests over the legal limit, or evidence shows impairment, it typically establishes fault without much room for debate.

Shared Fault and Comparative Negligence

Not every T-bone crash has a clear culprit. Sometimes both drivers get it wrong. Maybe one ran a red light, but the other was flying through the intersection like they were late for a flight. Or maybe someone made an illegal left turn, but the other driver was texting and missed their chance to stop. These messy, mutual screw-ups bring shared fault into the picture. And that’s where comparative negligence laws come in.

What Comparative Negligence Means in Plain English

Comparative negligence is the legal system’s way of saying, “You’re both responsible, but let’s figure out who’s more to blame.” Different states apply different flavors of this rule, but the basics stay the same: each party gets assigned a percentage of fault, and their compensation gets adjusted accordingly.

Here’s how it breaks down:

• Pure Comparative Negligence: Some states, like California (see California Civil Code § 1714), let you recover damages no matter how much you messed up—whether you’re 1% at fault or 99%. If a court decides you’re 40% responsible for the T-bone crash, your damages get reduced by 40%.
• Modified Comparative Negligence: Other states draw a line. Pennsylvania, Texas, and Illinois follow this system. If you’re more than 50% (or 51% in some states) at fault, you’re out of luck. In Pennsylvania, 42 Pa.C.S. § 7102 lays it out clearly: if you’re less than 51% responsible, you can still collect damages, but your payout gets cut by your percentage of fault.
• Contributory Negligence: A handful of states (Maryland, Virginia, Alabama, North Carolina, and Washington D.C.) still follow this old-school rule. If you’re even 1% to blame, you get nothing. Zero. Nada. No matter how bad your injuries are.

Real-World Examples of Shared Fault in T-Bone Accidents

These cases are rarely clean-cut. Picture this:

• Scenario 1: Driver A runs a stop sign. Driver B, who had the right of way, is speeding through the intersection at 20 miles over the limit. Driver A slams into the side of Driver B’s car. Driver A broke the law first. But Driver B’s speeding reduced their ability to avoid the crash. Both carry a slice of the blame.
• Scenario 2: Driver A makes a legal left turn at an intersection but fails to yield to oncoming traffic. Driver B is texting, doesn’t see what’s happening, and plows into Driver A. Driver A should’ve waited. Driver B should’ve been paying attention. Courts or insurance adjusters assign fault percentages based on the facts.

In these cases, accident reports, eyewitness accounts, and traffic camera footage all weigh into how fault gets divvied up.

Steps an Attorney Takes to Determine Fault After a T-Bone Accident

They Start by Gathering Evidence From the Scene

An attorney’s first move is collecting every piece of information that explains how the collision unfolded. While the drivers might give conflicting accounts, the physical evidence usually tells a clearer story.

• Photographs and Videos: Lawyers request any photos or videos taken at the scene. These visuals help reconstruct the moments leading up to the crash.
• Vehicle Damage Reports: Attorneys often bring in auto damage experts to examine how and where each vehicle was hit. A side impact on one vehicle and corresponding front-end damage on the other help establish which car struck the other and from which direction. This evidence shows movement, speed, and angle—important factors in determining fault.

They Track Down Witnesses and Get Statements

An experienced car accident lawyer is essential to the process and plays a central role in gathering evidence, identifying fault, and protecting your rights. They will also:

• Identify witnesses listed in the police report.
• Conduct interviews to clarify timelines and observations.
• Request formal affidavits when needed, which can serve as evidence in court or settlement discussions.

In some states, like Florida, Florida Statutes § 92.50 allow for witness affidavits to be admissible under specific circumstances.

They Obtain and Analyze the Police Report

Attorneys request the official accident report filed by responding law enforcement. This report includes:

• Statements from each driver.
• Observations made by the officer.
• Citations issued at the scene.

While not the final say on liability, police reports hold weight in negotiations and courtrooms. For example, if the report shows a citation for running a red light, it gives the attorney a strong starting point for proving fault.

Under Texas Transportation Code § 550.065, individuals involved in a crash—and their legal representatives—are entitled to a copy of the police report. An experienced attorney knows how to interpret the officer’s notes and flag any inconsistencies or useful admissions.

They Hire Accident Reconstruction Experts When Needed

When the facts aren’t clear—or when the case heads toward litigation—an attorney may hire an accident reconstruction expert. These professionals analyze vehicle damage, skid marks, road conditions, and debris patterns to simulate the crash in detail.

Their findings show things like:

• The speed of each vehicle.
• The likely angle of impact.
• Whether either driver braked before impact.

Courts in California allow these experts to testify under California Evidence Code § 801, provided they have special knowledge beyond that of a layperson. Their reports can make or break a case where fault isn’t obvious.

They Request Traffic Camera and Surveillance Footage

Attorneys leave no stone unturned. If there’s a traffic camera or a surveillance camera nearby, they submit formal requests to secure the footage. Videos provide indisputable proof of a driver running a red light, failing to yield, or speeding through an intersection.

For example, New York attorneys file FOIL requests under New York Public Officers Law Article 6 to get access to footage from public traffic cameras. In private cases, they approach businesses directly to request security camera footage that may have captured the crash.

T-Boned? Get Answers—and Justice—Today

Don’t let the other driver’s story be the only one that gets heard.

TopDog Law’s network of local lawyers connects you with attorneys who know how to dig through the chaos and build a case that holds water. If someone else’s recklessness turned your life upside down, it’s time to fight for what you’re owed.

Call (888) 778-1197 today for a free case evaluation.