T-Bone Car Accidents in Florida: Who Gets Sued and How to Protect Your Rights
T-bone car accidents, also known as side-impact collisions, can cause serious injuries and extensive vehicle damage. But determining who is at fault and who should be sued can be complicated. Learn how Florida law handles these cases and how Bello Law can help you pursue the compensation you deserve.
What Is a T-Bone Car Accident?
A T-bone car accident happens when the front of one vehicle crashes into the side of another, forming a “T” shape. These accidents typically occur at intersections but can also happen in parking lots or when a driver makes an improper turn.
Common Causes of T-Bone Accidents
T-bone accidents are often the result of:
- Running a red light or stop sign
- Failing to yield the right of way
- Distracted driving (e.g., texting while driving)
- Drunk or impaired driving
- Speeding or reckless driving
- Defective traffic signals
Due to the limited protection on the side of a vehicle, these crashes often result in severe injuries, such as broken bones, head trauma, and spinal injuries.
Who Is Liable in a T-Bone Car Accident in Florida?
Determining who is at fault in a T-bone accident is crucial for pursuing compensation. Florida is a comparative negligence state, meaning more than one party can share responsibility for the accident.
1. The At-Fault Driver
In most cases, the driver who violated a traffic law, such as running a red light or failing to yield, is considered at fault. If that driver caused the T-bone collision, they could be sued for damages.
2. Both Drivers
Sometimes, both drivers share some responsibility. For example, if one driver was speeding while the other failed to yield, both may be partially liable. In Florida, you can still recover compensation even if you were partially at fault, but your damages will be reduced by your percentage of fault.
3. Third Parties
In some cases, a third party may be responsible for the accident. For instance:
- A defective traffic signal may have contributed to the crash. In this case, a government entity or contractor responsible for maintaining traffic signals could be liable.
- A vehicle manufacturer may be liable if a mechanical failure or defective part, such as faulty brakes or airbags, played a role in the accident.
- A rideshare company could be liable if the accident involved an Uber or Lyft driver on duty.
Filing a Lawsuit After a T-Bone Accident
If you’ve been injured in a T-bone accident, you may be able to file a lawsuit to seek compensation. Here’s what you need to know about pursuing a claim in Florida.
1. Florida’s No-Fault Insurance Laws
Florida is a no-fault insurance state, meaning that after a car accident, you must first file a claim with your own insurance company, regardless of who was at fault. Your Personal Injury Protection (PIP) coverage will pay for:
- Medical expenses up to your policy limits.
- Lost wages due to time missed from work.
However, PIP coverage may not be enough to cover all your expenses, especially if you’ve suffered serious injuries.
2. Filing a Lawsuit for Serious Injuries
If your injuries meet Florida’s serious injury threshold, you can file a lawsuit against the at-fault driver. Serious injuries include:
- Permanent injury or significant disfigurement.
- Loss of a bodily function.
- Medical bills that exceed your PIP coverage limits.
Filing a lawsuit allows you to seek compensation for:
- Medical expenses beyond your PIP limits.
- Lost wages and reduced earning capacity.
- Pain and suffering, emotional distress, and loss of enjoyment of life.
Proving Fault in a T-Bone Accident
To succeed in a lawsuit, you must prove the other party was at fault for the accident. This requires gathering evidence, such as:
1. Police Reports
A police report can provide crucial information about the accident, including:
- The officer’s assessment of fault.
- Citations issued to any drivers.
- Witness statements collected at the scene.
2. Traffic Camera Footage
If the accident occurred at an intersection with a traffic camera, the footage could help show which driver ran a red light or failed to yield.
3. Witness Testimony
Witnesses who saw the accident can provide valuable testimony to support your case.
4. Expert Testimony
Accident reconstruction experts can analyze the scene and provide an opinion on how the accident occurred and who was at fault.
5. Medical Records
Your medical records are essential for documenting the extent of your injuries and linking them to the accident.
Comparative Negligence in Florida
Florida follows a pure comparative negligence system. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example:
- If you are awarded $100,000 in damages but found to be 20% at fault, you will receive $80,000.
Even if you are 99% at fault, you can still recover 1% of the damages.
This makes it crucial to work with an experienced attorney who can minimize your percentage of fault and maximize your compensation.
Insurance Challenges After a T-Bone Accident
Insurance companies often try to minimize payouts or shift blame onto the victim. Common tactics include:
- Arguing that your injuries aren’t serious or were pre-existing.
- Claiming you were partially or fully at fault for the accident.
- Offering a low settlement that doesn’t cover your expenses.
At Bello Law, we know how to deal with insurance companies. We’ll negotiate aggressively on your behalf and won’t settle for less than you deserve.
Steps to Take After a T-Bone Accident
If you’ve been involved in a T-bone accident, taking the right steps can protect your legal rights and strengthen your case:
- Call 911: Report the accident and request medical assistance if needed.
- Get Medical Attention: Even if you feel fine, some injuries may not be immediately apparent.
- Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Get Contact Information: Collect contact information from the other driver, witnesses, and responding officers.
- Contact Your Insurance Company: Notify your insurance company about the accident.
- Consult an Attorney: Contact an experienced personal injury attorney to discuss your options.
Why You Need an Experienced T-Bone Accident Attorney
Navigating the legal and insurance systems after a T-bone accident can be complex and overwhelming. At Bello Law, we have the experience and resources to handle your case from start to finish.
What We Can Do for You:
- Investigate the Accident: We’ll gather evidence, interview witnesses, and work with experts to build a strong case.
- Handle Insurance Companies: We’ll negotiate with insurance companies to ensure you receive fair compensation.
- File a Lawsuit if Necessary: If a fair settlement can’t be reached, we’re prepared to take your case to court.
Contact Bello Law for a Free Consultation
If you’ve been injured in a T-bone car accident in Florida, don’t wait to seek legal help. At Bello Law, we’re dedicated to helping accident victims like you get the compensation you deserve.
Contact us today for a free consultation at:
Address: 7340 Southwest 90th Street, Miami, FL 33156
Phone: +1 (786) 885-3425
Email: Bello@bellolawmiami.com
Let us fight for your rights and help you on the road to recovery.
