Who Is at Fault in a Galveston T-Bone Car Accident?
In a Galveston T-bone car accident, the driver who violated another motorist’s right-of-way is often at fault. However, liability depends on how the crash happened, the traffic signals or signs involved, and whether either driver acted negligently.
T-bone collisions occur when the front of one vehicle strikes the side of another. Because the sides of passenger vehicles generally provide less protection than the front or rear, these crashes can result in serious injuries.
If you were injured in a T-bone accident in Galveston, Texas, determining who caused the collision is an important step toward recovering compensation for your losses.
Who Usually Causes a T-Bone Accident?
Many T-bone accidents happen at intersections when one driver enters another vehicle’s path. Texas law establishes several right-of-way rules that can help determine which driver was responsible.
For example, Texas Transportation Code § 545.152 requires a driver turning left to yield to oncoming vehicles that are in the intersection or close enough to present an immediate hazard. Drivers approaching stop or yield signs also have specific obligations to yield under § 545.153.
A driver may therefore be responsible for a T-bone accident after:
- Running a red light or stop sign
- Failing to yield the right-of-way
- Making an unsafe left turn
- Entering an intersection without checking for traffic
- Speeding through an intersection
- Driving while distracted
- Driving under the influence of alcohol or drugs
The location of the impact alone does not establish fault. Investigators must consider what each driver was doing immediately before the collision.
What Evidence Can Help Establish Fault?
Evidence from the accident scene can help show which driver had the right-of-way and whether someone violated a traffic law.
Useful evidence may include:
- Police accident reports
- Traffic or surveillance camera footage
- Dashcam recordings
- Photographs of the vehicles and crash scene
- Vehicle damage
- Skid marks and debris
- Witness statements
- Cell phone records
- Vehicle event data recorder information
For example, video footage showing a driver entering an intersection after the traffic light turned red could provide important evidence of negligence. Witnesses may also be able to describe which vehicle had a green light or whether one driver appeared to be speeding.
Can Both Drivers Be at Fault for a Galveston T-Bone Accident?
Yes. Texas follows a modified comparative fault system known as proportionate responsibility. Under Texas Civil Practice and Remedies Code § 33.001, an injured person cannot recover damages if they are more than 50% responsible for their injuries. When their responsibility is 50% or less, their compensation is generally reduced according to their percentage of fault.
Suppose another driver runs a stop sign and hits your vehicle, but you were speeding when the crash occurred. If you are found 20% responsible and sustain $100,000 in damages, your recovery could be reduced by 20% to $80,000.
Because insurance companies may attempt to shift some of the blame to an injured driver, evidence establishing how the accident occurred can be especially important.
What Compensation Is Available After a T-Bone Accident?
If another person caused your Galveston T-bone accident, you may be entitled to compensation for the financial and personal consequences of your injuries.
Depending on your case, recoverable damages may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Physical impairment or disfigurement
The amount available will depend on factors such as the severity of your injuries, your financial losses, your recovery period, and each party’s share of responsibility.
How Long Do I Have to File a T-Bone Accident Lawsuit in Texas?
Texas generally gives accident victims two years to file a personal injury lawsuit. Texas Civil Practice and Remedies Code § 16.003 establishes a two-year statute of limitations for most personal injury claims.
Exceptions can change the applicable deadline in certain situations. Waiting can also make evidence harder to locate, so it can be beneficial to investigate a T-bone accident well before the statute of limitations approaches.
Contact The Law Firm of Alton C. Todd Personal Injury Lawyers for a Free Consultation With a Galveston Car Accident Lawyer
Determining fault after a T-bone collision is not always straightforward. Drivers may disagree about who had the right-of-way, and insurance companies may dispute liability or argue that you contributed to the crash.
Please contact an experienced car accident lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas:
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
(409) 207-9299
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
