Determining fault for a T- Bone accident in Illinois will be important when dealing with insurance companies or if legal action needs to be taken. Car accidents happen in an instant, leaving those involved confused and often in pain. T-Bone accidents can be especially devastating for the person sitting on the side of impact, studied in Injury Epidemiology. Serious and internal injuries are not uncommon. The way that the accident happened will determine fault. Fault will then determine how the financial aspects of the accident need to be handled.
What is a T-Bone Accident?
T-Bone accidents are also known as side collision impacts or sideswipes. The name comes from the point of impact between the vehicles, where the front end of one car slams into the side of the other, forming a T shape. The vehicles end up at a 90 degree angle in relation to each other, or close to it.
How fault is decided in a T-Bone Accident
Under the laws of the State of Illinois, the fault for causing any accident is decided in a few different ways:
- Someone admits fault. Just saying sorry at the scene of the accident is usually not enough. The at-fault party’s insurance company would need to offer payment. Interestingly, the required release that gets signed will deny an admission of fault, but the reality is that an offer to compensate the injured victim will not happen without an admission of fault.
- The injured party has to prove fault. This is called having the burden of proof. Just like in a criminal case someone has to be proven guilty, in a car crash case, the burden is on the injured person to prove that the other driver was at fault for causing the accident.
- The injured person’s lawyer can use persuasion to prove fault. At this stage, the argument is to the defense insurance adjuster or lawyer.
- Fault can be established at a legal arbitration, often decided by a panel of arbitrators in Illinois.
- Proof can be established in court, and decided by a jury. The majority of personal injury claims are resolved before a trial in court. Court is always a possibility.
Insurance companies usually start from the position of the T-Bone not being the fault of their driver, and need to be convinced otherwise. This is because of how tricky it can be to prove fault for a T-Bone. Hiring a good lawyer will improve your odds of the insurance company taking responsibility for injuries. If the insurance company cannot be convinced, or – as often happens- they accept fault but are unwilling to pay a fair amount on the claim, a lawsuit can be filed at the appropriate time.
Fault is determined in any car accident by carefully examining the sequence of facts. Was there a traffic control device like a stop sign or traffic light? Who had the right of way? If intersection-related, where was each car in relation to the intersection immediately before it happened? What were the respective distances of the vehicles? These are some of the questions that need to be answered when looking at the fault of the drivers.
The importance of evidence in T-Bone Accidents
In a T-Bone Accident, photographs of the accident scene are especially important because it will show where both cars ended up. The positioning of the cars after the accident is important as relative to each other and relative to the roadway. The car that was hit is not necessarily the blameless party. The position of the cars can give important clues about things like speed and where each car was before the moment of impact. The location of the cars relative to the intersection can sometimes be determined by looking at where each car ended up. This becomes important when one driver or the other is blamed for blowing a red light or a stop sign. While police diagrams in a police report are not legally evidence in Illinois, these drawings are still an important starting point. Unfortunately, the cars are often moved before the police arrive on the scene. Pictures of the cars even after leaving the accident scene can still be helpful as they show the location of impact. A personal injury lawyer will be used to explaining the clues taken from pictures. This is helpful in crafting arguments to present in your case.
Witness accounts can also be used in proving fault for a T-Bone accident. The witnesses can be the drivers involved, passengers, or anyone who saw the accident happen.
Traffic light footage is a very good way to decide fault for a T-Bone, as these kinds of car crashes usually happen at intersections. T-Bone accidents in populated places like Schaumburg and Elgin occur often at an intersection that is controlled by a traffic device. T-Bones in more rural areas in the collar counties of Chicago are less likely to have traffic light footage. Rural accidents on country roads are usually stop sign-related. Often, it comes down to the credibility of each driver in addition to any pictures.
Shared Fault for a T-Bone Accident
Sometimes, both drivers could have been partly at fault for a T-Bone accident. The State of Illinois recognizes Contributory Negligence. This means that depending on the percentage of fault for causing an accident, the injured person may not be able to win their case or that the amount of money that they would have been entitled to is reduced by their share of the fault. For example, if Driver one is 15% to blame and sues driver two for her injuries, her dollar amount will be reduced by 15%. If driver one is more than half at fault, she will get nothing.
Causes of T-Bone Accidents
The most common causes of T-Bone accidents are:
- Failure to stop at a stop sign
- A miscalculation on a yellow light
- Misunderstanding as to who has the right of way
- Improper left turns
- Blowing a red light
- Cutting off another driver
- Failure to Yield
- Distracted driving
- Drunk driving
- U-Turns
Less commonly, T-Bone accidents sometimes happen when both vehicles are traveling in the same direction and one vehicle loses control, causing others to swerve and resulting in a multi-car accident. In these instances, the car which caused the accident might not have come into contact with the colliding cars, further adding to the confusion. If there were any witnesses, they might be helpful in tracking down the at-fault driver. Also less common but certainly not unheard of are instances where a defective car is to blame, such as faulty brakes or steering.
Due to the nature of T-Bone accidents, fault will usually depend upon who had the right of way. If traffic tickets were given out, the police report is often helpful in documenting the layout of the street and recording each driver’s recollection of how the accident happened.
Not all T-Bone crashes are intersection-related. Sometimes a driver will lose control of their vehicle and slide into another car. Skidding can happen on icy roads. Parking lot T-Bone accidents are common when someone leaves a parking space just as another car is coming through the aisle.
Common Injuries after T-Bone Crashes
Sideswipes or side impact collisions are often more damaging to those inside the car because of the location of the impact. If you are hit on the door, there is less protection to your body because there is only a door to protect you. Compare this to a rear-end accident where there is often a trunk and perhaps another row of seats to absorb the force of impact. Common injuries after a T-Bone accident are:
- Neck Pain. This “whiplash” type injury can take time to resolve and may require physical therapy. Doctors may check for herniated discs or other neck problems after an accident.
- Back Pain. Back pain is also very common and should also be taken seriously since herniations are not uncommon after a hard sideswipe accident.
- Head injuries. Head injuries come in different forms and can range from cuts and bruises to more serious problems like Traumatic Brain Injury (TBI). Concussions may heal but in some cases, post-concussion syndrome will develop.
- Leg injuries. The door may dent inwards, hurting an occupant’s leg in a T-Bone crash.
- Crushing injuries
- Internal injuries
Anyone who has been hurt in a T-Bone accident should take it seriously. A visit to the Emergency Room to get checked out by a medical provider is usually a good idea after any serious car crash.
Next Steps after a T-Bone accident
As you can see, just saying “the other driver hit me” after a T-Bone is not enough to entitle you to any financial recovery for your damages. Hopefully, you have pictures, an eye witness or video evidence to show how the accident happened. If not, there is still hope. Writing down everything that you remember immediately afterward can be important later. Always be honest.
Before speaking to the other driver’s insurance company or signing anything, talk to an attorney. Hiring a personal injury lawyer after a T-Bone accident can protect you from the beginning. The insurance company is already trying to build a case against you. You might not need a lawyer, but having an honest conversation with someone who does not work for an insurance company is helpful in deciding your next steps. If you do need to hire a lawyer, we will deal with the insurance companies and their lawyers for you. If you qualify for legal representation, we can handle all aspects of either settling your claim or filing a lawsuit.
O’Connor Cadiz Accident and Injury Law are located in both Elgin Illinois and in Schaumburg Illinois. We handle car accident claims throughout the Chicago area. If you were hurt in a T-Bone accident and need help, give us a call at 630 250-8813 in Elgin or 847 631-6125 in Schaumburg to learn more.