Who Is at Fault in a T-Bone Car Accident in NY?

A T-bone collision, also known as a side impact collision, is one of the most dangerous types of car accidents. These accidents often happen quickly, generally at intersections, and often leave victims with severe injuries. For those who have been in a T-bone collision, it's common to wonder who is at fault in the crash and if it's possible to recover compensation for time off work, medical expenses, and mental anguish.

Determining liability in a T-bone accident can help those who were hit or injured seek compensation, and it can help T-bone accident victims get the best treatment and assistance as they heal.

A Long Island personal injury attorney can help victims go through the legal process of seeking compensation and help determine who is at fault in a T-bone car accident. The Law Office of Carl Maltese is one such option that can advise on who is at fault in a rear-end car accident in NY.

What Is a T-Bone Accident?

A T-bone accident happens when a driver fails to yield and crashes into the side of another vehicle. It is called a "T-bone" accident because the cars form a "T" shape. Broadside collision accidents, including T-bone accidents, are the second most deadly car accident type after front-impact accidents. According to the Insurance Institute for Highway Safety, front impact accidents account for around 59% of deaths, and side impact collisions account for 22% of vehicle deaths.

When looking at T-bone accident cases, most of them occur at intersections. However, they also occur as people are pulling out of driveways or when a driver turns into oncoming traffic without yielding.

Unlike a front or rear-end collision, a side-impact crash is especially dangerous because there is less protection between the occupants of the vehicle and the point of impact.

Common Causes of T-Bone Collisions in New York

The first step in determining liability in a T-bone accident is to understand the cause of the crash. Some of the most common causes of T-bone collisions come from a driver's negligence and include:

• Drivers failing to stop at red lights, stop signs, or other traffic signals

• Failure to yield to other drivers when they don't have the right-of-way

• Making improper or illegal turns

• Distracted driving, such as texting while driving or using the phone

• Driving under the influence of alcohol or drugs

• Not following the speed limit or driving recklessly

• Driver error in misjudging gaps in traffic

Here on Long Island, there is daily traffic congestion and busy highways that have many busy intersections. This makes T-bone accidents more common here than in other areas.

New York’s No-Fault Insurance Rule: What It Means

The State of New York is a "no-fault" insurance state. This means that if someone is injured in a car accident, their insurance company pays for medical expenses and other financial losses, regardless of who was at fault.

This system is designed to make the process of getting medical expenses paid much easier without waiting for someone else to determine liability or go through a lawsuit.

Personal injury protection, or PIP coverage, is part of insurance policies, and it generally pays for medical bills, lost wages, transportation to medical appointments, and other necessary out-of-pocket costs.

Though these items are covered, PIP does not include other types of compensation including compensation for pain and suffering and other non-economic damages.

It is possible to sue an at-fault driver in New York, but the victim's bodily injury must fit into the state's "serious injury" threshold. Common injuries include:

• Fractures and broken bones

• Traumatic brain injuries

• Internal injuries

• Significant disfigurement

• Injuries that require extensive medical treatment

• Permanent limitation of an organ or body part

• Significant limitation of bodily function or serious harm of the body

• Full disability for a minimum of 90 days after the accident

Though the no-fault system is meant to take care of minor injuries, accident victims can get legal representation and file a personal injury claim for more serious injuries.

Who is at Fault? Determine Who Had the Right-of-Way

In almost all T-bone collisions, the process of determining fault is simple -- the driver who had the legal right-of-way is usually the one who is NOT at fault.

The more difficult job is to make that determination. Here are some of the most common places where T-bone accidents happen and who is generally at fault based on various factors:

Intersection With Traffic Signals

Most T-bone accidents occur at intersections, which may or may not have traffic lights or signals. At intersections with traffic signals the driver who has the legal right-of-way is the one who has the green light. If a driver has a green light and is T-boned by a vehicle that ran a red or yellow light, the driver who ran through the red or yellow light is usually at fault.

Intersections With Stop Sign

Intersections that are controlled by stop signs can also be a common site of T-bone accidents. To determine who has the right of way, there are a couple of rules to consider.

• At a two way stop, which is a situation where there are stop signs at a cross street, but not on the main street, the driver at the stop sign must yield to cross traffic. If the driver at the stop sign fails to wait for an opening, and that car gets T-boned, it's likely the car that was at the stop sign is at fault.

• At a four-way stop the first vehicle to arrive has the right-of-way. If two cars arrive at the same time, the vehicle to the left must yield to the car on the right. If the car on the left enters the intersection when the car on the right had the right-of-way, and it gets T-boned, the driver of the car on the left would likely be held liable.

Left Turns at Intersections

T-bone accidents also commonly occur at intersections when a vehicle is making a left turn across oncoming traffic. In New York, the driver making the left turn must yield to oncoming vehicles unless there is a traffic signal, such as a green arrow, which signals when it is time to turn. If they do not do that, and they get hit, it is likely that they would be the at-fault party.

Entering Roadways from Private Driveways or Parking Lots

Finally, it is common for T-bone crashes to occur when a driver is entering a road from a driveway, parking lot, or alley. In these cases, the driver must yield to all oncoming traffic, pedestrians, and bicyclists. If the driver entering traffic does not yield and they are hit, they are the likely at-fault driver.

Could More than One Person Be At Fault? Yes

In New York, there is a system called "comparative negligence." This means that more than one party can share the fault in an accident.

Here's how it works:

Two drivers get into a car accident, and one was found to be 80% at fault, and the other driver, who was injured, was 20% at fault. When the compensation is awarded, it will be reduced by the percentage of fault. In this case, if a jury awards a $100,000 settlement to the plaintiff, but they were found to be 20% at fault, they will only get $80,000. The opposite would also be true; if the injured party was 80% responsible and they were awarded $100,000, they could still recover $20,000 in compensation.

What Evidence is Used to Determine Fault in T-Bone Accidents?

To prove fault in a T-bone accident, both parties must gather evidence. Law enforcement officers on the scene of vehicle crashes will begin the process, but so should any potentially responsible parties and potential victims.

Here are some of the types of evidence that may be important in a personal injury lawsuit:

Photos of the Scene

All the evidence at the scene should be documented including the position of all vehicles, the damage to each car involved, any skid marks, and where traffic signs and signals are located. Videos are also important if possible, and attorneys can help their clients obtain traffic camera footage, too, which could help prove liability.

Police Reports

When an accident occurs, the responding officers will create an objective summary of the accident. They will create a diagram of the scene, make note of traffic laws that were broken, and document any citations that were issued. Officers will also give their opinion on who was the negligent driver, which can be critical evidence in the case.

Witness Statements

Any witness statements are also going to be important in determining fault in a T-bone accident. In most cases, a witness is seen as a neutral voice in the case. They can give information about which driver ran a light or failed to yield.

Vehicle Damage Analysis

Significant property damage usually happens in a T-bone accident, and by doing an analysis of the damage, it's possible to look at multiple factors including speed, angles, and point of impact.

When the At-Fault Driver Denies Responsibility

It's possible that even when it's obvious who is at fault, the driver won't admit fault. They might lie, they may give false testimony to police officers, or try to put the blame on the victim.

In a personal injury case, the victim should get an experienced Long Island vehicle accident law firm who can help to establish liability through various legal options and get additional evidence including eyewitness accounts, video footage, testimony from accident reconstruction experts, and "black box" data from the vehicle. An attorney can also subpoena phone records, get toxicology reports, and obtain surveillance footage.

How a Long Island Personal Injury Lawyer Can Help

A person involved in a T-bone accident is not required to hire a lawyer, but in serious cases—especially with disputed fault or to get a fair settlement, it's highly recommended. A local personal injury attorney will:

• Investigate the accident thoroughly

• Gather and preserve key evidence

• Work with accident reconstruction experts

• Negotiate with insurers

• Fight for full and fair compensation in court if necessary

Insurance companies are not on the side of victims. They want to settle for the lowest amount possible. A skilled attorney knows how to counter lowball offers and build a strong case for maximum compensation.

Compensation Victims May Be Entitled To

Depending on the injuries and losses, a victim may be eligible to recover:

• Medical expenses (past and future)

• Lost wages

• Loss of earning capacity

• Property damage

• Pain and suffering

• Emotional trauma

• Loss of enjoyment of life

• Wrongful death damages (if a loved one was killed)

T-Bone Accident Lawsuits: What’s the Timeline?

In New York, the statute of limitations for filing a personal injury lawsuit is typically:

• 3 years from the date of the accident

• 2 years in wrongful death cases

• Shorter periods if a government entity is involved (such as accidents involving buses or city vehicles)

Acting quickly helps preserve a victim's rights and evidence.

Why Choose a Long Island Lawyer?

Local experience matters. A Long Island personal injury lawyer:

• Understands Nassau and Suffolk County traffic patterns

• Knows how local courts operate

• Has experience with local insurance adjusters

• Can visit the scene and conduct on-site investigations

• Has relationships with area doctors and experts

Don’t Let the Insurance Company Decide Fault

T-bone accidents often result in finger-pointing, denials, and low settlement offers. Insurance companies may try to shift blame to avoid paying. Victims don't have to settle for this.

With a strong legal team and a clear understanding of victim rights, the responsible party can be held accountable and get the financial compensation they need to recover.

Those injured in a side-impact crash anywhere on Long Island or the surrounding areas should call the Law Office of Carl Maltese for a free consultation. They can help determine fault, understand options, and fight for justice that victims deserve.