Getting hit from the side is jarring, and the questions start immediately. In most crashes, the answer to who is at fault in a T-bone car accident comes down to which driver broke a right-of-way rule. Texas also allows fault to be divided, so more than one party can be held responsible.
A T-bone crash, also called a side-impact or broadside collision, happens when the front of one vehicle strikes the side of another. Most occur at intersections, but they also happen in parking lots or when a car slides sideways after a driver loses control. Because the side of a car has little room to absorb force, these crashes often cause serious head, rib, pelvic, and spinal injuries.
Right-of-Way Rules Usually Decide Who Is to Blame
The driver who ignored a duty to yield is usually the one held responsible. The rules most relevant to side-impact crashes include:
- Uncontrolled intersections: Where no light or sign controls traffic, Section 545.151 of the Texas Transportation Code generally requires a driver to yield to a vehicle entering or approaching from the driver’s right.
- Stop signs: After stopping, a driver must yield to vehicles already in the intersection or close enough to be an immediate hazard, a duty set out in Section 545.153 of the Texas Transportation Code.
- Left turns: Under Section 545.152 of the Texas Transportation Code, a driver turning left must yield to oncoming traffic in or near the intersection.
- Red lights: A driver facing a red signal must stop, so entering on red and striking a car crossing on green breaks the most basic rule of the intersection.
When the Crash Itself Counts as Evidence of Fault
If a driver rolls past a yield sign without stopping and hits a car in the intersection, Texas treats the collision itself as prima facie evidence that the driver failed to yield, meaning it counts as proof unless the driver rebuts it. That rule still does not settle fault automatically, and red-light crashes turn on evidence of what the signal showed.
Other Parties Can Share the Fault
A third driver who made an illegal turn can cause a side impact without touching either car. A defect such as failed brakes can also bring a vehicle or parts maker into the case through a product liability claim. Each may have separate insurance coverage.
Can You Still Recover If You Were Partly at Fault?
Often, yes. Texas follows proportionate responsibility, a form of modified comparative fault that assigns each party a percentage of blame. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a person found more than 50% responsible cannot recover damages. At 50% or less, Section 33.012 of the Texas Civil Practice and Remedies Code reduces the recovery by that person’s own percentage.
For example, a driver with $40,000 in damages found 20% at fault for speeding could recover up to $32,000, an illustration rather than a prediction.
Evidence That Shows Who Had the Right of Way
Independent proof matters most when drivers tell different stories. The most useful kinds include:
- Crash report: The officer’s account, diagram, and any citation, available for purchase online from the Texas Department of Transportation (TxDOT).
- Video footage: Traffic, business, and dashcam video can show which light was green.
- Witness accounts: Other drivers or pedestrians may have seen the signal.
- Event data recorder: Many vehicles store speed and braking data from the seconds before a crash.
Video gets recorded over and memories fade, which is why the steps to take immediately after a crash matter so much later.
Texas Allows Two Years to File a Car Accident Lawsuit
Under Section 16.003 of the Texas Civil Practice and Remedies Code, a personal injury lawsuit generally must be filed within two years of the day the claim accrues, meaning the day the legal clock starts. For a Houston car accident injury, that is typically the day of the collision. When a crash causes a death, the two years run from the date of death.
Talk to Us About Who Is at Fault in a T-Bone Car Accident
Sorting out fault while you recover is a heavy load. Jones Injury Law Group is not a volume practice, and our attorneys include a former Harris County district judge and a former Harris County felony prosecutor. If you are asking who is at fault in a T-bone car accident that upended your life, call (713) 714-6519 or contact us to tell us what happened.