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Who is at Fault for a T-Bone Accident?

September 5, 2021

T-bone collisions often result in significant injuries for those involved. When a person sustains an injury in a T-bone crash caused by the actions of another driver, they should be able to recover compensation for their losses. However, determining fault for a T-bone collision can be challenging. Here, we want to discuss how liability is determined in these situations and which parties are usually at fault.

Various Parties Could Be At Fault

It is impossible to write a whole article about pinpointing fault for a T-bone collision on one party. The reality is that there are a variety of ways that T-bone collisions occur in Kentucky, which means that there could be multiple parties at fault, depending on the scenario. Here, we want to review a few common ways in which T-bone collisions occur in Kentucky:

  • We could see a driver turning left at an intersection in front of oncoming traffic that already has the right of way.
  • If a driver runs a red light or a stop sign, this significantly increases the chance that they will run right into another vehicle going the other direction (a perpendicular collision).
  • It is not uncommon for drivers to pull out of parking lots, driveways, or alleyways right into other vehicles that have the right of way.

What we will find in these scenarios, and others that result in a T-bone collision, is that any driver failing to yield the right of way and causing the T-bone collision will usually be at fault for the incident. 

There are other contributing factors to T-bone collisions in Kentucky. This could include drivers operating while impaired by alcohol or drugs, while distracted by their phones or other devices, or operating a vehicle while fatigued.

A Choice No-Fault Insurance System

Kentucky operates under what is called a choice no-fault system when it comes to vehicle accidents. In a traditional no-fault system, drivers will turn to their own insurance carriers after a vehicle collision occurs, regardless of who caused the incident. However, Kentucky allows drivers to opt out of the no-fault system when they purchase their insurance policy, which places them on a fault-based collision system. 

This is important to point out because, depending on what type of insurance a person carries, it may not matter who caused the incident. Drivers who use the no-fault insurance system will turn to their own insurance carrier to recover compensation. However, those who have opted out of the no-fault system will have to go through the process of determining liability in order to recover compensation if they are injured or sustain property damage in a T-bone collision.

Comparative Negligence in Kentucky

Another factor to consider is shared fault. In the event a driver is injured or sustains property damage in a T-bone collision, and they have opted out of the no-fault system, there could be shared fault for the incident. Kentucky operates under a “pure comparative negligence” system, which means that those involved in a collision can still recover compensation even if they are up to 99% at fault for the incident. However, they will see their total compensation reduced based on their overall percentage of fault. A Lexington personal injury lawyer can help you figure out what your next steps are. Contact our firm today for a private consultation.