Determining Fault in a Greenville, SC T-Bone Car Accident

A T-bone car accident is a serious collision where one vehicle strikes the side of another. Determining fault in these accidents often hinges on who had the right of way. However, other factors can also play a role.

Common Causes of T-Bone Car Accidents

T-bone accidents, or side-impact collisions, are often severe due to the force exerted on the vehicle. Here are some common causes:

•       Running a red light: This is a primary cause of T-bone accidents.
•       Disregarding stop signs: Failing to yield at a stop sign can lead to a collision.  
•       Making illegal turns: Improperly executing a turn (especially a left-hand turn) can result in a T-bone impact.  
•       Impaired driving: Driving under the influence of alcohol or drugs significantly increases the risk of a T-bone car accident.
•       Distracted driving: Using a cellphone, eating, or other distractions can impair a driver’s focus.
•       Speeding: Excessive speed reduces reaction time and increases the severity of an accident.
•       Poor visibility: Fog, rain, or snow can reduce visibility and contribute to accidents.
•       Hazardous road surfaces: Slippery roads caused by ice, rain, or oil can affect vehicle control.

It’s important to note that while these are common causes, every accident is unique, and determining fault requires a thorough investigation.

Right of Way: A Primary Factor in Determining Fault

When determining who is at fault in a T-bone car accident, you must first consider who had the right of way. Right of way refers to the privilege of a vehicle to proceed first in a given traffic situation. It’s a set of rules designed to ensure smooth and safe traffic flow.

Generally, the driver who has the right of way has the priority to proceed. However, this privilege comes with responsibilities, including yielding when necessary and being aware of others.

You should always yield when it is unsafe to proceed, even if you have right of way. Additionally, you should always be cautious and anticipate the actions of other drivers and pedestrians.

Common right of way rules at intersections (where most T-bone accidents occur), include:

•       Vehicles approaching from the right typically have the right of way.
•       Vehicles entering a roadway from a private driveway must yield to traffic.  
•       Traffic signals and stop signs override general right-of-way rules.

What If I am Partially at Fault?

Even if you are partially at fault, you may still be able to recover compensation if you were injured. South Carolina uses a legal theory called modified comparative negligence to determine who can recover compensation in a car accident.

Modified comparative negligence allows you to collect compensation if you are less than 50% responsible for the accident. As long as 51% or more of the accident’s fault lies with the other party, then they will be liable for damages. However, it is possible that your damages will be reduced by your percentage of fault.

Common Injuries in T-Bone Accidents

T-bone accidents, due to the significant side impact, often result in severe injuries. Here are some common types of injuries that victims of T-bone accidents often experience:

•       Traumatic brain injury (TBI): This can range from mild concussions to severe brain damage, which can have lifelong effects on your health.
•       Whiplash: A common injury caused by the sudden jerking of the head.
•       Internal organ damage: The force of the impact can injure vital organs like the heart, lungs, and spleen.  
•       Rib fractures: These can be painful and may puncture the lungs in severe cases.
•       Chest trauma: Bruising, collapsed lungs, or broken bones in the chest area.
•       Fractured bones: Legs, arms, and pelvis are particularly vulnerable.  
•       Soft tissue damage: Sprains, strains, and bruises.
•       Spinal cord injuries: These can result in paralysis.  
•       Burns: From airbags or friction.
•       Psychological injuries: Post-traumatic stress disorder (PTSD), anxiety, and depression are common after severe accidents.

It’s important to seek medical attention immediately after a T-bone accident, even if you feel okay. Some injuries may not be apparent right away.

What To Do After a T-Bone Car Accident

There are some steps you should take after a T-bone car accident to ensure your safety and protect your rights to get compensation through an insurance claim.

At the Accident Scene

At the scene of the accident, you should take the following steps:

•       Ensure Safety: Move your vehicle to a safe location if possible. Turn on hazard lights.
•       Check for Injuries: Assess the condition of yourself and any passengers. If there are injuries, call emergency services immediately.  
•       Call 911: Call the police to report the accident. A police accident report is important for insurance claims and potential legal actions.  
•       Gather Information: Exchange information with the other driver, including name, insurance details, and contact information.  
•       Document the Scene: Take photos of the accident scene, damage to both vehicles, and any road conditions that might be relevant.  
•       Get Witness Information: If there are witnesses, get their contact information.

After the T-Bone Accident

After the accident, you should take the following steps:

•       Seek Medical Attention: Even if you don’t feel injured, it’s important to see a doctor. Some injuries may not appear immediately.
•       Contact Your Insurance Company: Notify your insurance provider about the accident, providing all necessary details.
•       Gather Evidence: Collect any additional evidence, such as repair estimates, medical bills, and lost wages.
•       Consult with a T-Bone Car Accident Attorney: A lawyer can handle communication with the car insurance companies and help you make a claim to get compensation.

Injured in a T-Bone Accident? Contact Venus Poe.

Attorney Venus Poe has extensive experience helping victims of T-bone car accidents. She understands that you may be unsure of what to do next. Attorney Poe can answer your questions and guide you through the legal process.