Find the right lawyer now

T-Bone Collision Defenses

Find a Local Personal Injury Lawyer near You

T-Bone Collision Defenses

A side impact, or t-bone, collision typically happens after a driver fails to yield or stop at an intersection. The impact causes a vehicle to hit another vehicle in its side. To prove fault, a plaintiff has the responsibility of showing who was at fault for the crash. Fault does not always involve whether the accused party intended to t-bone the other vehicle. Rather, fault is often based on negligence in a t-bone collision. Negligence is the result of carelessness and/or the failure of a person to adhere to their duty to act. A driver accused of causing this type of accident has defenses available to use in a personal injury lawsuit.

Is a Lack of Proof a Defense In a T-Bone Collision?

Yes. Whether a defendant can use lack of proof depends on the circumstances and facts of the accidents. For a plaintiff to win or settle a claim, they must show that the defendant:

  1. Owed the plaintiff a duty
  2. Breached that duty
  3. Caused the side impact collision
  4. Caused the damages suffered by the plaintiff, such as medical bills, pain and suffering, and property loss

If one or more of those elements are missing from the plaintiff’s negligence claim, a defendant can use the lack of proof defense. They can also use the defense if the plaintiff does not have enough proof to show the defendant was at fault for the accident.

What If the Accident Was Not Completely My Fault?

Contributory negligence is an available defense in some states if the plaintiff contributed to the accident. Contributory negligence looks at the plaintiff’s actions. If the plaintiff shared the fault by contributing to the accident, they may be barred from receiving any money.

What Is a Comparative Negligence Defense?

A comparative negligence defense, which is only available in certain states, requires a defendant to look at the plaintiff’s actions for any negligence. The court assesses fault according to a percentage. For example, if a plaintiff was 30 percent responsible for the accident, their award would decrease by 30 percent.

Should I Contact an Attorney about T-Bone Collision Defenses?

Yes. T-bone accidents require talking to a personal injury attorney about any available defenses. The attorney will determine whether which defense you can use and how to prove it.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 06-24-2018 07:22 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.