- Free Case Evaluation: (305) 577-3777 Tap Here to Call Us
T-Bone Car Accident – Who Gets Sued in Florida?
You’re on the way to kick back at the beach when another driver tears through a stop sign and carelessly causes a T-bone car accident.
“This is all your fault,” the driver smugly says. “You should’ve watched where you were going.”
Is he right? Even if so, it may not matter. Find out why below.
How Do T-Bone Car Accidents Happen?
T-bone accidents happen when a driver slams into the side of your car, typically at an intersection. That’s why you’ll also see T-bone accidents referred to as intersection collisions.
T-bone accidents are commonly due to traffic violations, such as running a red light or failing to stop at a stop sign. They also happen when a driver turns into oncoming traffic.
These accidents can cause terrible injuries due to the other driver’s speed, including whiplash, broken bones, spinal damage, and brain injuries.
Untangling the Mystery of Who Is at Fault
If your T-bone accident happened because the other driver blew through a red light or violated some other traffic law, it will be fairly easy to determine fault. However, not all T-bone accident cases are this cut and dry.
Investigators will have to determine which driver, if any, committed a duty of care breach (this essentially means that the driver didn’t act safely). To determine whether a driver breached their duty of care, investigators will look at police and witness reports. They’ll also examine medical records, pictures of the accident, and video footage, if available.
How Will Your Medical Bills Be Paid?
If your accident happened in Florida, it may not matter whether you or the other driver was at fault when it comes to your medical bills. Florida is a no-fault insurance state, meaning you’ll need to file a claim with your own insurance company. The state requires you to have at least $10,000 in Personal Injury Protection (PIP), which will pay for your medical bills regardless of who is responsible for the accident.
When Can You Sue for Injury Compensation?
No-fault insurance claims aren’t always enough to cover your damages. If your damages exceed PIP, you may be able to file a lawsuit against the at-fault driver. You’ll need to meet the state’s “serious injury” threshold to do so.
One benefit of filing a lawsuit is the ability to sue for damages that PIP doesn’t cover, such as emotional distress and pain and suffering. You can also sue for the full extent of lost wages (PIP only covers up to 60%) and any out-of-pocket expenses.
Keep in mind that Florida’s new comparative negligence rules might affect your ability to seek compensation. If investigators find you more than 50% at fault, you cannot recover damages. This is in contrast to the old rule, which allowed victims to recover even if they were 99% at fault.
Have More Questions? Jeffrey R. Davis, P.A., Has Answers
Wondering what your next steps are after a T-bone car accident? Jeffrey R. Davis, P.A., will help you determine whether you’re eligible to file a claim and, if so, fight for a suitable settlement.
Call (305) 577-3777 for a free case evaluation.