Los Angeles, CA

Who Is at Fault in a Los Angeles T-Bone Car Accident?

Have you been involved in a T-bone accident? T-bone accidents can be terrifying and perhaps the most dangerous car accident a motorist can have.

When a driver or passenger is on the side of the other car that is impacted, there is not only a very high chance of serious injury but also a serious risk that the struck vehicle will roll or tip over.

Additionally, the vehicle might be forced into another lane of traffic or into another obstruction, which would cause much more serious harm.

In California, the party or person at fault for causing a fatal car crash will be liable for paying for damages under the state’s customary tort-based legal system. Liability in many car accidents is shared by just two drivers. The driver who disobeyed a traffic law and caused the collision will be held accountable. 

However, determining liability in a collision involving multiple vehicles can be challenging. You might need to consult a Los Angeles accident lawyer to determine your options and obtain a professional assessment of the situation. 

In this article, we’ll discuss the definition of fault, pure comparative negligence, the different ways to determine fault, and more. 

What Is a T-Bone Car Accident?

A T-boned car accident occurs when one motorist slams into the side of another driver’s car. In T-bone collisions, one driver may have sustained a head injury and significant side damage.

Intersections are often the scene of T-Bone accidents. It is conceivable for an automobile to make a wide turn into the opposing lane of traffic and hit the side of another vehicle. However, most T-Bone accidents occur at intersections when a moving violation is made. 

There could be catastrophic injuries if the first vehicle slams into the side of the second one, making these crashes especially serious.

What Are the Different Ways of Determining Fault in an Accident in Los Angeles? 

When a car accident occurs in Los Angeles, California, law enforcement personnel who are called to the scene will investigate the situation and try to ascertain what happened. They may:

  • Consult witnesses.
  • Examine how the automobiles were positioned.
  • Give tickets to motorists who violated the law.

The police report is often a major factor in determining how fault is allocated in vehicle accidents, though it will not be admissible in court. You should be aware that in Los Angeles, law enforcement should be contacted after most accidents. In some situations, a judge or jury will decide who is at fault in an automobile accident claim. 

Insurance companies also may play a role in determining fault. An automobile accident claim is assigned to an adjuster by the insurance company. They will investigate using police reports to identify the accident’s cause.

Insurance adjusters could also ask you for a statement when assessing who was at fault for your accident. Allowing your attorney to manage all interactions with insurance companies is a good idea because whatever you say can be used against you in the future.

Insurance adjusters are incentivized to minimize the value of your claim, and having an attorney on your side could help ensure you aren’t taken advantage of.

If your case makes it to trial, the judge and jury will also play a role in determining fault, as we’ll discuss next.

What Are the Fault-Based Laws in California? 

California car accident cases that make it to court follow a paradigm of pure comparative negligence; thus, even if you were partially responsible for the accident, you may still be eligible to get compensation for a portion of your accident-related losses. However, your share of the blame will be deducted from any compensation you receive. 

Every individual using the road, including pedestrians, drivers, cyclists, and passengers, is expected to exercise reasonable caution to ensure both their safety and the safety of others. A driver who causes an accident may be held responsible for their injuries if they don’t take reasonable precautions to ensure their safety and the safety of others.

Examples of conduct by the plaintiff that could qualify as “negligence” include:

  • Speeding when driving
  • Jogging while crossing the street, jaywalking, or making quick, unexpected movements
  • Traveling with a motorist you know to be inebriated, careless, or drowsy
  • Traveling in a vehicle that you are aware is flawed (such as one without functional headlights)
  • Obstructing the car’s driver from operating it.

If you are involved in an accident, particularly if you caused the collision, you should not drive away from the scene of the crash. In the State of California, you risk being charged with hit-and-run if you flee the scene of an accident you were involved in. Stay at the scene of your accident since hit-and-run charges might result in harsh legal consequences.

You can exchange insurance information and contact details with the other driver if your collision merely resulted in property damage. If you strike a parked automobile, you should contact the police to file a police report. You should also leave your contact details for the car’s owner so they can contact you. Next, you should contact your insurance company, so they are aware of the accident. 

Understanding the Statute of Limitations

It’s important to be aware of the statute of limitations for claims, including wrongful death, property damage, and personal injury, if you think you might wish to file a lawsuit. In California, there are two years to file a lawsuit for an injury or death and three years to pursue a personal property lawsuit. A lawyer can help make sure your claim is filed promptly.

An Attorney Can Help With Your T-Bone Car Accident Case

Being involved in a T-bone car accident is rarely an easy process. Although you can obtain financial compensation by filing a claim and working directly with your insurance company, sometimes you need a competent Los Angeles auto accident attorney to work with you. Most attorneys offer a free consultation to review your case as well.

Contact Our Car Accident Law Firm in Los Angeles, CA

If you were injured in an accident in Los Angeles, CA or you lost a loved one and you need legal assistance, please contact us to schedule a free consultation. One of our Los Angeles car accident lawyers at M&Y Personal Injury Lawyers will get in touch with you soon.

M&Y Personal Injury Lawyers – Los Angeles Office
4929 Wilshire Blvd Suite 960,
Los Angeles, CA 90010
(877) 300-4535