Who is at Fault in a Broadside Collision?
In a broadside collision, typically the party at fault for the accident is the party who had a duty to yield the right-of-way and failed to do so. Sometimes it can be difficult to determine who had the right-of-way.
If you have been broadsided as a result of the negligence of another, you may have legal solutions to cover your medical bills, lost income, and pain and suffering caused by the other driver. Call Simmons and Fletcher, P.C. today for a free consultation to learn your rights. (713) 932-0777.
What Does it Mean to be T-Boned?
Being T-boned or Broadsided means a car accident where the front end of a vehicle collides with the side of another vehicle. T-bone accidents can be extremely dangerous and even deadly for the vehicle occupants–particularly the ones in the car that receives the side impact. These collisions result in a side-to-side whipping motion of the occupant that is much different than the acceleration-deceleration motion caused by a rear-end collision or a head-on collision. The side-to-side motion can result in the driver and/or passengers’ heads impacting the door, windows, or pillars. This type of impact can easily produce head injuries ranging from lacerations and bruises to brain injuries, skull fractures, and concussions. Many modern vehicle manufacturers have reduced the risk of this by incorporating side-impact or side-curtain airbags into the vehicles.
Liability for Different Types of Broadside Accidents
Broadside accidents can happen in any number of ways and places. Some of the most common side-impact collisions we see are as follows:
- T-bone accidents at the ends of aisles in parking lots
- T-bone collisions at intersections
- T-bone collisions between a car leaving a parking lot or private drive and a car in the roadway
- T-bone accidents where a car is making a left turn across traffic
Who is Liable for a Parking Lot T-Bone Accident?
Parking lot T-bone accidents typically happen at the end of isles or due to vehicles crossing isles and can be the fault of either driver or both. All drivers have a duty to keep a proper lookout in parking lots. Any driver who failed to keep a proper lookout may be deemed at fault. This is often open to debate and may have to be resolved by a jury. Often, the police will not issue tickets or sometimes even investigate a collision in a private parking lot leaving the vehicle drivers to sort it out. Thus, it is important you consult a car accident attorney if you are injured as the result of a parking lot T-bone accident to determine whether you have a case.
Who is at Fault for an Intersection T-bone Collision?
If there is a traffic control signal light and there are witnesses who can say who ran the red light or stop sign, the person who failed to stop is at fault. However, where both parties are claiming green lights and there are no witnesses or where there is a 4-way stop, these cases may become swearing matches and a jury must determine fault. It may be one or both drivers ultimately held at fault. It is very important that you contact the police immediately and get a report documenting that you had the right-of-way whenever possible, to prevent people from later changing their story and leaving you with no proof otherwise.
Who Has the Right-of-Way When Entering the Roadway?
Under Texas Law, a car entering a roadway from a private drive has a duty to yield the right-of-way to any vehicle approaching. Thus, the approaching vehicle on the highway has the right-of-way. A vehicle may not enter the roadway unless the nearest approaching vehicle is sufficiently far away that it can be done so safely. While this goes a long way toward establishing the negligence of the vehicle pulling into the roadway, it does not, however, relieve the oncoming motorist of his duty to maintain a proper lookout and to slow down to avoid a collision whenever it is safe and possible to do so. Thus, while liability may seem clear, there is room for argument. Having a broadside accident lawyer to fight for you may make a difference in a case such as this.
Who is Liable for Broadside Collisions from Left Turns Across Traffic?
Broadside collisions due to a car turning across traffic are typically due to the failure of the turning vehicle to maintain a proper lookout and failure to yield the right-of-way. Under Texas law, a vehicle that is turning may not move from its lane unless it is safe to make such a turning movement. The turning driver has a duty to yield the right-of-way to approaching vehicles. Once again, while this goes a long way to establishing the negligence of the turning vehicle, the oncoming driver is not relieved of his duty to maintain a proper lookout and make efforts to slow and/or avoid a collision where it is safe and possible to do so. Thus, just because the law favors the non-turning motorist, does not mean that the insurance company is always going to roll over and pay without a fight.
Talk to a Lawyer for Free
If you have been the victim of a side-impact car accident, don’t wait until the insurance company victimizes you a second time to seek legal advice. Simmons and Fletcher, P.C., offers free consultations regarding your automobile accident. If you employ us as your attorneys, we front the legal expenses and we don’t charge you a dime unless we make a recovery for you. Call today: (713) 932-0777.