T-Bone Accident: Fault, Injuries and What the Claim Is Worth

Quick answer

A t-bone accident, where the front of one vehicle strikes the side of another, is almost always a right-of-way crash at an intersection: a driver ran a red light or stop sign, or turned left across oncoming traffic. Fault turns on who had the right of way, which is decided by the signal, the signs, witness accounts, cameras and the physical evidence of where the vehicles were struck. Side impacts injure occupants more severely than front or rear crashes at the same speed, because only a door separates them from the striking vehicle, so t-bone claims often involve fractures, head injuries and internal injuries. The claim's value follows the injury and the fault evidence.

Key takeaways

Most t-bone crashes come from running a red light or stop sign or turning left across oncoming traffic, and fault follows the right of way.
Each driver often claims the green light; cameras, witnesses, signal timing records and the position of damage decide it.
A left-turning driver is presumed at fault in most states when struck by oncoming traffic, unless the oncoming driver ran a red or was speeding.
Side impacts cause more serious injuries than frontal crashes at the same speed, especially to occupants on the struck side.
Pelvic and rib fractures, head injuries, shoulder and spine injuries and internal injuries are the usual t-bone claims.
Signal timing records and intersection cameras are held by the city and overwritten quickly; request them within days.

How fault is decided in a t-bone crash

Two vehicles arrive at an intersection and one strikes the other broadside. One of them did not have the right of way, and fault follows. At a signalized intersection the question is who had the green, and each driver commonly insists they did. At a stop sign, the question is whether the stopped driver pulled out in front of a car that had the right of way, or whether the through driver was speeding. On a left turn, the turning driver must yield to oncoming traffic, and is presumed at fault unless the oncoming driver ran a red light or was going so fast that the turn was reasonable when begun.

The evidence that decides it is the same in each case. Traffic cameras and nearby business cameras show the signal and the vehicles. Independent witnesses, especially those in other cars waiting at the light, are decisive. Signal timing records from the city show the light sequence at the time. The physical damage shows which vehicle was where: a strike to the rear door rather than the front fender means the struck vehicle was mostly through the intersection when hit, which bears on who entered first. Event data from the vehicles shows speed and braking.

Insurers assign percentages. A driver who entered on a stale yellow and was struck by a driver who jumped the red may be assigned a share. A through driver who was speeding when a left-turning car crossed in front may be assigned a share. The state's comparative negligence rule decides what the share does to the claim.

Why side impacts injure more

A vehicle's front and rear have crumple zones, a hood or trunk, and an engine or cargo area between the occupants and the impact. The side has a door. A t-bone at 35 miles per hour delivers the striking vehicle's energy through a few inches of structure to the occupant sitting next to it, and the body is thrown toward the impact rather than away from it. Side airbags and reinforced door structures have reduced the harm, but side impacts remain the second most lethal crash type after frontal crashes and cause serious injury at a higher rate per crash.

The occupant on the struck side absorbs most of it: pelvic and hip fractures from the door intrusion, rib fractures and internal injuries to the chest and abdomen, shoulder and arm injuries, and head injuries from contact with the window frame, the pillar or the striking vehicle. Occupants on the far side are thrown across the cabin and suffer head and neck injuries. Children in the rear seat on the struck side are at particular risk.

These injuries are documented, often surgical, and often permanent, which is why t-bone claims are valued higher on average than rear-end claims and why the fault question is fought harder. An insurer facing a pelvic fracture claim will look hard for a share of fault to assign the injured driver.

A worked example with hypothetical numbers

Suppose you were driving through an intersection on a green light when a driver ran the red from your left and struck your driver's door. You suffered a fractured pelvis, three broken ribs and a concussion, spent nine days in hospital, and were off work for four months. Medical bills were $142,000.

The other driver told police she had a green light. An attorney obtained the intersection camera footage within a week, which showed her light had been red for over two seconds, and a witness in the car behind you confirmed your green. The driver's insurer accepted fault. Her policy carried $100,000, which was paid; your own underinsured motorist coverage of $250,000 was then claimed for the balance.

Your own insurer, valuing the underinsured claim as a liability claim, argued the pelvic fracture had healed well. The orthopedist's opinion on permanent limitation and the four months of lost wages produced a settlement at the underinsured limit. Had the camera footage been overwritten before it was requested, the claim would have been one driver's word against the other's, and both insurers would have assigned shared fault. All figures are hypothetical.

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What to do after a t-bone crash

The fault evidence in an intersection crash disappears within days.

Tell the police which light you had and who ran the signal, plainly, and make sure it is in the report.
Get names and numbers of witnesses, especially drivers who were stopped at the intersection and saw the signal.
Photograph the vehicles in position, the damage, the signal heads, and any cameras on the signal poles or nearby businesses.
Have requests sent within days for traffic camera footage and signal timing records from the city, and for business camera footage.
Get medical care immediately; side-impact injuries to the pelvis, ribs and internal organs may not be fully apparent at the scene.
Preserve the vehicle; its event data recorder and the damage pattern are evidence of speed and position.
Report to your own insurer and identify your underinsured motorist coverage; serious t-bone injuries routinely exceed a minimum policy.

When state law changes the answer

Right-of-way rules are statutory in every state: a driver facing a red light or stop sign must stop and yield, a left-turning driver must yield to oncoming traffic close enough to be a hazard, and a driver entering on yellow must be able to clear the intersection. Some states treat a left-turn collision as presumptively the turning driver's fault; others require proof. Red-light camera footage is admissible in most states, though its availability varies by city.

Comparative negligence decides a shared-fault finding: pure comparative in California, New York, Arizona and others, reducing the claim by the driver's share; a 51 percent bar in Texas, Illinois, Florida and most states; a 50 percent bar in Georgia and Tennessee; and contributory negligence in Alabama, Maryland, North Carolina and Virginia, where any fault assigned to the injured driver bars the claim and makes the camera and witness evidence decisive.

Claims involving a signal malfunction or an intersection design defect are against the city or state, with notice deadlines of months and damage caps. In no-fault states, serious t-bone injuries meet the threshold and the claim against the at-fault driver proceeds. Deadlines are the state's injury statute, one year in Tennessee and Kentucky, two in Texas, California, Florida and Georgia, three in New York and North Carolina.

Left-turn crashes specifically

The left-turn t-bone is the most common and the most disputed. The turning driver must yield to oncoming traffic, and when a turning car is struck by an oncoming car, the turning driver is presumed at fault in most states. The turning driver's defenses are that the oncoming car ran a red light, which cameras and witnesses decide, or that it was traveling so fast that the turn was reasonable when begun, which event data and reconstruction decide.

Insurers assign a share to the oncoming driver for speed when the evidence supports it, and in some cases for entering on a stale yellow. A turning driver who was struck while completing a turn begun on a green arrow has a strong claim against an oncoming driver who ran the red. The signal timing and the position of the vehicles at impact are the evidence.

Motorcyclists are the frequent victims of left-turn crashes, because turning drivers do not see them, and those claims follow the same analysis with the rider's injuries and the insurer's tendency to assign riders fault.

Getting the claim looked at

A t-bone claim is decided by the right-of-way evidence, which is gone within days unless requested, and valued on injuries that are often serious and often exceed the at-fault driver's policy. The questions to answer early are what the cameras and witnesses show, what fault the insurer is assigning and why, and what underinsured motorist coverage exists. Most personal injury attorneys work on contingency.

Ask Legal Matters is a free claim-review request service, not a law firm. Requests may be shared with independent attorneys and legal services partners who handle inquiries in your state, and an attorney must evaluate the facts before anyone can say what the claim is worth. If you were hurt in a side-impact crash at an intersection, you can request a free claim review before the camera footage is overwritten.

Frequently asked questions

Who is at fault in a t-bone accident?

The driver who did not have the right of way: the one who ran the red light or stop sign, or who turned left across oncoming traffic. Each driver often claims the green, so cameras, witnesses at the intersection, signal timing records and the damage pattern decide it. Shares of fault are assigned for speeding or entering on a stale yellow.

Is the left-turning driver always at fault?

Usually, because a turning driver must yield to oncoming traffic, and most states presume the turning driver is at fault when struck by an oncoming car. The exceptions are when the oncoming driver ran a red light, which cameras and witnesses show, or was traveling so fast that the turn was reasonable when begun, which event data and reconstruction show.

Why are t-bone injuries more serious?

Because only a door separates the occupant from the striking vehicle, with no crumple zone or engine to absorb the energy, and the body is thrown toward the impact. Side impacts cause pelvic, rib, internal, shoulder and head injuries at a higher rate per crash than rear-end collisions, especially to the occupant on the struck side, and the injuries are often surgical and permanent.

How much is a t-bone accident settlement?

It follows the injury and the fault evidence. Serious side-impact injuries, fractures, head injuries, internal injuries, are valued on the medical treatment, the permanence and the lost income, and routinely exceed a minimum policy, bringing underinsured motorist coverage into play. A disputed fault finding reduces the figure by the percentage assigned, or bars it in contributory negligence states.

Both drivers say they had the green light. What happens?

The insurers look for evidence beyond the drivers' accounts: traffic and business camera footage, independent witnesses, the city's signal timing records, event data from the vehicles, and the damage pattern. If none exists, insurers commonly assign shared fault, which halves the claim in most states and bars it in contributory negligence states. Requesting the camera footage within days is what prevents that outcome.

How do I get traffic camera footage of my accident?

Through a request to the city or county traffic department that operates the signal, and to any red-light camera vendor, with the date, time and intersection; an attorney's preservation letter is usually faster and more reliable. Many signal cameras do not record and some overwrite within days, so nearby business and residential cameras are requested at the same time.

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