Who is at Fault in a Car Accident T-Bone?
T-bone accidents often result in severe injuries, but crash victims can struggle to recover compensation for their losses. Determining fault in the aftermath of a T-bone accident can be challenging, but it is vitally important. Here, we want to discuss who could be at fault in the aftermath of a T-bone accident in Georgia. Multiple parties could be at fault, and uncovering evidence will be crucial.
Multiple Parties Could Be Responsible
T-bone accidents are not like rear-end accidents when it is generally clear where the fault lies. It is simply not possible to write an article about one party always being at fault in a T-bone accident, when the reality is that there are various ways that T-bone collisions can occur in Georgia. This means that there could be multiple parties at fault, depending on the situation. Sometimes, a single driver may be at fault for a T-bone collision. In other cases, there may be multiple drivers at fault. Here, we should look at a few of the most common ways that T-bone collisions occur on our roadways:
- A driver could be turning left at an intersection but into the path of oncoming traffic that already has the right of way.
- A driver could run a red light or a stop sign, which increases the chance that they will slam into another vehicle that has the right of way going the other direction (perpendicular or 90-degree crash).
- Drivers could be pulling out of a parking lot, driveway, or alleyway directly into other vehicles that have the right of way on the street.
In these T-bone collision scenarios, we see that drivers are typically at fault if they do not yield the right of way and cause the collision. Most T-bone collisions are indeed caused by a failure to yield the right of way, and fault will fall to the driver who failed to yield.
There are other contributing factors to T-bone collisions. This includes drivers operating while distracted by phones or other devices, operating while impaired by alcohol or drugs, or operating their vehicle while fatigued behind the wheel.
Georgia is a Fault Based System
Georgia operates under a fault-based system when it comes to vehicle accidents. This means that the at-fault party is responsible for paying compensation to others involved in the collision. If a driver is found to be at fault, their insurance carrier will pay for the medical bills and property damage expenses of others involved.
However, it is possible for more than one driver to be at fault for a collision, in which case we will turn to Georgia’s modified comparative negligence laws. Under this system, individuals can recover compensation so long as they are less than 50% at fault for a collision. If a driver is 50% or more responsible for crash, they will not be able to recover compensation.
Under the modified comparative negligence system in this state, a person will receive reduced compensation based on their percentage of fault. For example, if an individual sustains $100,000 in damages as a result of a T-bone collision, but they are found to be 20% at fault for the collision, then they would recover $80,000 in total compensation from the other driver, not the full $100,000.
Contact our Atlanta car accident attorneys today.