T-bone accidents often result in devastating injuries for Colorado residents and visitors. Unfortunately, T-bone collisions are not uncommon, and it can be difficult to determine liability. Here, we want to discuss determining fault in the aftermath of a T-bone collision. This is crucial because individuals should be able to recover compensation if their injuries or property damage were caused by the actions of another driver.
Determining fault after a T-bone collision is critically important. Ultimately, the individual(s) who sustained injuries or property damage as a result of another driver’s negligence should be able to recover compensation, but that is not possible unless fault is determined.
Who is at fault after a T-bone collision will be the driver that violated the right of way law. There is very rarely going to be a circumstance where a T-bone collision occurred when one driver did not violate the right of way. However, it is certainly possible for both drivers to have violated the right of way, further complicating liability issues.
Typically, the person at fault for a broadside or T-bone accident is the driver who should not have been in the path of travel when the accident occurred. The laws of the roadway apply here, and usually, one driver has a lawful right to be traveling in the lane.
It is not always immediately clear which driver was in the wrong place according to the right of way laws. The sheer force of a T-bone collision can force vehicles into positions that do not make it clear who was traveling in which direction. There are various types of evidence that can be gathered to help determine fault for a T-bone collision. This includes, but is not limited to, the following:
When we look at the law in Colorado, we can see that drivers are required to stop or yield appropriately when there is a sign present. If there is a yield sign, a driver has to yield to other traffic already on the roadway they wish to get to. If there is a stop sign, the driver must stop. Drivers can only proceed into the lane of traffic when it is safe to do so.
Anytime the driver proceeds into an intersection without a clear path, they will have violated Colorado Statutes 42-4-703.
In the event it is determined that more than one driver shares fault for the incident, it may still be possible for an individual to recover compensation. Colorado operates under a modified comparative negligence rule. This means that individuals who are less than 50% responsible for an incident can still recover compensation, though the total amount they receive will be reduced based on their percentage of fault for the incident.
We strongly encourage you to work with a skilled Denver car accident attorney in Colorado who can fully examine the facts of your case and help determine the best steps moving forward.
