If you’ve been injured in a T-bone auto collision, you might be unsure how to move forward and collect compensation for your accident-related losses. You may also wonder who is at fault in a T-bone car accident and how you can hold them responsible for your injuries.
Determining fault and navigating the claims process after such an incident can be challenging, especially if you’re dealing with painful injuries and post-accident anxiety. Fortunately, an Indiana car accident lawyer from Vaughan & Vaughan can investigate your collision and fight for the financial remedies you need to get back on your feet.
What Is a T-Bone Accident?
A T-bone accident occurs when one car collides with the side of another vehicle, forming a shape that resembles the letter “T.” When a T-bone collision involves a motorist being hit by another car on the driver’s side of the vehicle, they can sustain severe injuries.
That said, even T-bone crashes that affect the passenger’s side of a vehicle can lead to considerable injury and vehicle damage. If you’ve been injured in a T-bone accident, you’ll need the help of an experienced T-bone accident lawyer.
Who Is at Fault in a T-bone Accident?
Several parties may be at fault for your T-bone accident. Depending on how your accident happened and the details surrounding it, your attorney may pursue compensation from one of the following parties:
The Driver Who Hit You
In most cases, the driver who collided with your vehicle will be held responsible for your medical expenses, vehicle repair costs, and suffering. However, your lawyer must prove that the driver should be held liable to get the damages you’re owed. To prove liability, your attorney must use evidence to establish the following elements:
- The driver owed you a duty of care: A duty of care is a legal obligation that all motorists have to drive safely and take reasonable actions to keep other drivers and pedestrians out of harm’s way. To satisfy this element, your attorney must simply prove that you and the other driver were in the same general area at the time of the crash.
- The duty of care was breached: Next, your lawyer must prove that the driver failed to uphold a reasonable duty of care. To do so, they may use evidence that shows the driver was speeding, driving under the influence, texting while driving, or behaving in an otherwise negligent manner.
- The breach caused the crash: Your attorney must also prove that the driver’s breach of the duty of care directly resulted in the crash. To prove this element, they’ll likely use footage of the crash, eyewitness testimony, accident reports, statements from accident reconstructionists, and other pieces of evidence.
- You suffered financial losses: Finally, your lawyer will have to prove that the collision caused you to suffer injuries and/or financial losses. They can use your medical records, bills, and any other documents outlining the negative impacts of the T-bone accident on you.
Sometimes, another driver may be at fault for a T-bone accident. This might be true for your case if the driver that hit you collided with your vehicle because they were trying to avoid a third motorist who swerved into their lane. In this situation, the third motorist would be at fault for your T-bone collision.
That said, sometimes drivers who indirectly cause accidents may continue driving to avoid being held liable for their reckless behavior. If that happens, an attorney can try to help you track down the driver, but there’s no guarantee they’ll be located.
If the driver pulls over to check on you, make sure to take down their contact and insurance information. Your attorney can use those details to file a claim with their insurance provider and obtain a settlement that covers your losses.
What If I Am Partially at Fault for a T-bone Car Accident?
If you were partially at fault for the T-bone collision, there’s still a chance that you can obtain compensation for your injuries and losses. That’s because the state of Indiana follows a comparative fault standard. In other words, you can still pursue compensation for an accident as long as you are less than 51% to blame for the crash.
While Indiana law allows you to seek damages for an accident you contributed to, it also limits the amount of compensation available to you. For instance, if you are 50% at fault for the accident and you lost $60,000 from medical bills and other expenses, you’ll only be able to recover $30,000.
What You Can Do After a T-bone Accident to Help Your Attorney Prove Fault
If you’ve been in a T-bone car crash or any other type of collision, there are several steps you can take after the accident to help your attorney prove fault and obtain the settlement you deserve. If your injuries don’t require immediate medical attention, make sure to take the following steps after a collision:
- Contact local law enforcement so they can investigate the incident and file a report
- Exchange insurance information with the driver(s) involved in the collision
- Take photos of the collision scene, visible vehicle damage, and other damaged objects
- Take photos of your injuries
- Talk to eyewitnesses and take down their contact information
- Keep a written record of the pain and emotional trauma you experience after the accident
- Save all of your medical bills and vehicle repair receipts
Once you’ve completed the steps listed above, you’ll want to hire a personal injury lawyer ASAP. Doing so will help you comply with Indiana’s strict statute of limitations for car accident suits. Ind. Code § 34-11-2-4 gives you two years from the date of the T-bone car accident to file a lawsuit against the at-fault driver.
If your suit is filed after the deadline imposed by the statute of limitations, you could forfeit your right to financial remedies. Instead of risking your compensation and your future, get in touch with an attorney as soon as you can.
Meet With an Experienced T-Bone Accident Lawyer for Free
Dealing with the aftermath of a collision can be confusing, especially if you’ve never filed a claim before. Fortunately, an attorney from Vaughan & Vaughan can determine who is at fault for your T-bone car accident. Once they’ve identified the offending party, they’ll work tirelessly to hold the driver liable for the financial losses and emotional suffering you’ve endured.
To get started on your case, contact a car accident lawyer from our firm today and schedule a free consultation. They’ll meet with you to discuss your accident, injuries, and opportunities for financial compensation. We look forward to hearing from you soon and fighting for your financial recovery!