Available 24/7 Free Consultations
(503) 272-8986
Request Free Consultation

Who Is At Fault in a T-Bone Car Accident?

Posted on June 18, 2021 in

A side-impact collision, also known as a T-bone accident, occurs when the front of one vehicle collides into the side of another. These crashes can lead to serious, potentially life-threatening injuries, such as internal organ damage and broken bones. If you are injured in a T-bone collision in Oregon, you may have the right to file an insurance claim or lawsuit against the at-fault party—but you will need to prove the other driver’s negligence.

Who Is At Fault in a T-Bone Car Accident?

Is Oregon a Fault or No-Fault Insurance State?

In the United States, insurance laws fall into one of two categories: fault or no-fault. In no-fault states, drivers usually carry personal injury protection insurance that pays for their damages in the event of an accident. A driver does not need to prove that another driver caused the crash to collect compensation.

Oregon, like most other states, follows a fault-based insurance system. Drivers who cause accidents are financially responsible for the damages of their victims. As a result, drivers must carry the following amounts of liability insurance.

  • $25,000 in bodily injury or death liability per person
  • $50,000 in total bodily injury or death liability per accident
  • $20,000 in property damage per accident
  • $15,000 in personal injury protection insurance per person
  • Uninsured motorist coverage of $25,000 per person and $50,000 per accident

Liability in T-Bone Accidents

If you are injured in a T-bone accident, you can recover compensation by filing a car insurance claim or lawsuit against the other driver. However, you will need to provide sufficient evidence that establishes the following four facts.

  • The at-fault driver owed you a duty of care. All drivers have a duty to follow Oregon traffic laws and drive safely, so establishing this element is relatively simple. Evidence such as a police report can help you prove this fact.
  • The at-fault driver breached his or her duty of care. For example, the driver may have been driving under the influence of alcohol or drugs or failed to yield the right of way, both of which are violations of Oregon traffic law. You can use evidence such as police reports and witness testimony to prove the breach of duty.
  • The at-fault driver’s breach of duty caused your accident. For example, say that you were crossing an intersection and the other driver ran a red light and collided into the side of your vehicle. Medical records, surveillance footage, and witness testimony can help prove your version of events. As a result, you can establish that the breach of duty directly caused your accident.
  • You sustained damages as a result of the accident that you can claim in your lawsuit. These losses may include medical expenses, lost wages, property damage, and pain and suffering.

What to Do If You Are Injured in a T-Bone Accident

If you are involved in a T-bone accident, it is important to remain calm, protect yourself, and preserve evidence for your future case. As soon as possible after the accident, call 911 and receive emergency medical attention. Save all records related to your injuries and treatment; these documents will be valuable for your future claim.

Once you receive treatment for your injuries, contact a car accident lawyer in Portland as soon as possible. Your lawyer can conduct an in-depth investigation into your accident and gather the evidence necessary to prove the other driver’s liability. If the fault is unclear, your attorney can enlist the help of expert witnesses, such as accident reconstruction specialists, who can identify the cause of the accident. Contact a lawyer as soon as possible to discuss your legal options.