Who Is at Fault in a Miami T-Bone Car Accident?
December 28, 2022 | Sagi Shaked | Car Accidents
A Miami T-bone car accident can cause catastrophic injuries and permanent impairments. Therefore, it is important to prove who is at fault for the T-bone accident so that victims can recover compensation for their injuries and damages. However, proving fault for a car accident can be challenging.
Who Had the Right of Way When the T-Bone Accident Happened?
T-bone accidents often occur at intersections and when a driver turns left in front of oncoming traffic. Florida traffic laws dictate when a driver has the right-of-way and when drivers must stop for traffic.
For example, a driver must stop at a red light. The motorists with the green light have the right-of-way. When a driver wants to turn left, they must wait until oncoming traffic clears before they turn.
Common causes of T-bone accidents include:
- Failing to estimate the speed and/or distance of oncoming traffic correctly
- Aggressive driving and road rage
- Drowsing driving
- Impaired driving (drugged and drunk driving)
- Distracted driving
- Inexperience and/or lack of knowledge of traffic laws and rules
Typically, the driver who failed to yield the right of way is at fault for a T-bone accident. However, both drivers could share fault for the crash. You must have evidence proving the other driver was in the wrong if you want the best chance of receiving compensation for all damages.
How Can You Prove Fault for a Miami T-Bone Accident?
No-fault insurance pays benefits regardless of who caused the accident. Therefore, if you are involved in a T-bone accident, your first source of compensation is to file a no-fault insurance claim with your insurance company.
If you sustained serious injuries, Florida insurance laws permit you to file a lawsuit against the at-fault driver for damages. Serious injuries are defined by statute.
However, you must prove that the other driver caused the T-bone car accident to win your case. Evidence that can be used to prove fault includes, but is not limited to:
- Video of the collision from dash cams, traffic cameras, and surveillance cameras
- Evidence collected at the accident scene
- Statements made by the drivers and passengers
- Testimony and opinions from expert witnesses, including accident reconstructionists
- Statements from eyewitnesses
- Evidence collected from a vehicle’s data recorders
Determining fault for a side-impact accident can be difficult. In some cases, both drivers might have contributed to the cause of the car crash. In other cases, a third party might have caused or contributed to the cause of the crash.
Because you cannot receive compensation without proving fault, it is often best to talk with a Miami personal injury lawyer about your case. Our attorneys have the resources necessary to conduct a thorough investigation to determine the cause of the crash and gather evidence proving fault.
What Damages Can I Recover for a Miami T-Bone Accident Claim?
The injuries from a T-bone car accident can cause permanent disabilities and impairments. The recovery time for catastrophic injuries can be lengthy. Therefore, the economic damages could be substantial.
Examples of the economic damages you might recover for a car accident case include:
- Out-of-pocket expenses
- Medical bills
- Cost of personal care and assistance with household tasks
- Loss of income, including future lost wages and reductions in earning capacity
- Nursing care and long-term skilled care
- Physical therapy and rehabilitation
- Scarring and disfigurement
- Loss of enjoyment of life
- Physical discomfort
- Disabilities and impairments
- Mental anguish
- Diminished quality of life
- Emotional distress
The amount you receive for a T-bone accident depends on the severity of your injuries, the strength of the evidence, and other factors. If you are partially at fault for the cause of the accident, your compensation can be reduced under Florida contributory fault laws.
Suppose a jury decides you are 10% at fault for the cause of a T-bone crash. They award you $100,000 for damages. However, because you were 10% at fault, you would only receive $90,000 (total compensation less 10%).
A Miami Car Accident Lawyer Can Protect Your Rights and Interests
Insurance companies like to use contributory fault to decrease the value of a claim, even when the accident victim is innocent. The insurance adjuster uses your statements and other “evidence” to create doubt about how the accident occurred.
You can protect yourself by never admitting fault at the accident scene. If possible, take pictures and make a video of the accident scene. When the insurance adjuster contacts you, refer them to your Miami car accident lawyer instead of talking directly to the insurance company.