Who Is At Fault in a T-Bone Car Accident in Florida?
Gregg Hollander | January 5, 2023 | Car Accidents
T-bone accidents, also known as side-impact collisions, are some of the most dangerous types of car accidents. They often occur when one vehicle runs a red light or stop sign and crashes into another vehicle traveling straight through an intersection. Knowing what to look for when determining fault is important, as you could be entitled to significant compensation.
The Determination of Fault in a T-Bone Accident
When determining fault in a T-bone accident, two factors (among many others) must be considered: the duty of care and the breach of duty. The duty of care refers to the legal obligation that drivers have to act with reasonable care while on the road. This means that drivers must obey traffic laws and drive safely and responsibly at all times. When drivers fail to do this and cause an accident, they can be found liable for breaching their duty of care.
- Police reports
- Witness statements
- Photographs from the scene of the accident
- Traffic camera footage (if available)
- Medical records
- Any other relevant evidence
If one driver breached their duty of care by running a traffic signal or driving recklessly or under the influence of drugs or alcohol, they might be held responsible for damages resulting from the crash.
Why It Matters That Florida Is a No-Fault State
If you’ve been in a T-bone accident in Florida, it’s important to understand that it is a no-fault state. This means that if you were injured in an automobile accident, regardless of who was at fault, each person involved in the crash must file a claim with their own insurance company.
The idea behind the no-fault law is that it will reduce costly and time-consuming litigation while enabling individuals to receive compensation for medical bills and other damages related to the accident. In Florida, you are required to purchase Personal Injury Protection (PIP) as part of your auto coverage for this reason. You must have up to $10,000 of PIP coverage, which will help cover medical bills and lost wages resulting from an automobile accident.
When Can You File a Personal Injury Lawsuit After a Florida Car Accident?
In some cases, PIP coverage may not be enough to cover all your losses related to an automobile accident. If someone else was at fault for the accident, you may be able to file a personal injury claim against them (or their insurance company) to recover damages exceeding your PIP policy limits. This typically happens when you have serious injuries.
Damages can include pain and suffering, emotional distress, and any additional expenses, such as property damage or loss of earning capacity due to long-term injuries from the accident. A personal injury lawyer can review your case and help you determine if filing a lawsuit is an option for you.
What If You’re Partially At Fault for the T-Bone Accident in Florida?
Suppose both drivers are found to have contributed to causing the accident. For example, the other driver ran a red light, and you were speeding. You may still be able to file a lawsuit for damages exceeding your PIP policy, but your compensation will be reduced.
For car accident claims, Florida follows a pure comparative negligence law. Pure comparative negligence is a rule that assigns each party involved in an accident a percentage of fault. Any damages you recover will be reduced by the percentage that you are found to be at fault. Even if you are 99% responsible, you can still file a personal injury claim if your damages exceed your PIP coverage.
For example, if you are awarded $100,000 and found to be 10% at fault, you can recover 90% of the damages or $90,000.
No matter how complex your T-bone accident case might appear at first glance, there are ways you can determine who is ultimately responsible for what happened and seek justice accordingly. If you need help, contact a Fort Lauderdale car accident lawyer for a free consultation.
Contact Our Car Accident Law Firm in South Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers in Florida at Hollander Law Firm Accident Injury Lawyers to schedule a free consultation today. We have three convenient locations in Boca Raton, Fort Lauderdale, and West Palm Beach.
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401