In a T-bone accident, determining fault almost always comes down to one question: which driver violated the legal right-of-way? In most cases, the driver who failed to yield—by running a red light, ignoring a stop sign, or making an unsafe left turn—is considered at fault.
However, in real life, the answer is rarely that black-and-white. Arizona's comparative fault system means that responsibility can be shared between drivers. This creates a complicated situation where you might be found partially at fault even if you were the one who was hit.
You are likely reading this while trying to recover from your injuries, watching medical bills arrive in the mail, and worrying about how to make up for lost time at work. The last thing you should be tasked with is deciphering legal statutes and gathering evidence to prove your case.
This is not a burden you have to carry alone. At Gallagher & Kennedy, our role as your trusted car accident lawyer in Phoenix, Arizona is to lift that weight from your shoulders. We handle the complexities of the investigation so you can dedicate your energy to what matters most: your health and your family.
For a no-cost discussion about the specifics of your accident, call our team at (602) 530-8400.
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The Core of the Matter: Who Had the Right-of-Way?
The concept of "right-of-way" is a set of rules defined by Arizona law that governs the flow of traffic. As mentioned above, in a T-bone collision, the driver who broke these rules is typically the one who is held negligent.
What is Negligence? In simple terms, it’s a failure to use reasonable care to prevent harm to others. It's the legal foundation for most personal injury claims.
Common right-of-way violations that lead to T-bone accidents include:
- Disregarding Traffic Signals: A driver running a solid red light or a stop sign and colliding with traffic that has a green light.
- Failing to Yield on a Left Turn: A driver turning left at an intersection must yield to oncoming vehicles that are proceeding straight.
- Ignoring a Yield Sign: A driver who fails to slow down or stop at a yield sign when another vehicle has the right-of-way.
- Entering Traffic Unsafely: A driver pulling out from a private driveway, parking lot, or side street must yield to traffic already on the main road.
- Navigating Uncontrolled Intersections: At intersections without signs or signals, the rule is generally to yield to the vehicle on your right or to the vehicle that arrived first.
When Fault Is a Two-Way Street: Arizona’s Comparative Fault Doctrine
What happens if you were doing something wrong, too? For instance, maybe the other driver ran a stop sign, but you were slightly over the speed limit.
This is where Arizona’s law on comparative negligence comes into play. This legal concept, codified in A.R.S. § 12-2505, means that a jury can assign a percentage of fault to each person involved in an accident.
Think of it as a pie chart of responsibility. If a jury decides the other driver was 90% at fault but that you were 10% at fault, any compensation you are awarded would be reduced by your 10% share of the fault. Arizona's "pure" comparative fault rule allows you to recover damages even if you are found to be 99% at fault.
Here are a few scenarios where fault might be divided:
- The Speeding Victim: You had the green light, but you were traveling faster than the posted speed limit, reducing the other driver's time to react.
- The Distracted Driver: The other car clearly ran the red light, but if you were texting or otherwise distracted, the other side might argue you could have avoided the crash if you were paying attention.
- The Broken Traffic Light: In some cases, neither driver is fully to blame. If a malfunctioning traffic signal caused the confusion, a government entity could be held partially or fully responsible.
When the Real Culprit is Your Car: Vehicle Defects
Sometimes, neither driver is fully to blame for a T-bone accident. Instead, the fault lies hidden within the vehicle itself. Defects like malfunctioning brakes, faulty airbags, defective steering components, or accelerator problems might turn an otherwise manageable situation into a catastrophic crash.
In such scenarios, fault can shift toward the manufacturer or distributor of the defective vehicle or parts. Under Arizona’s product liability laws, manufacturers can be held strictly liable if their defective product contributed directly to your injuries. Unlike standard personal injury claims, you don't always need to prove negligence—just that the defect existed, caused harm, and that you used the vehicle as intended.
Common vehicle defects relevant to T-bone accidents include:
- Brake Failure: A car unable to stop when the brakes are applied.
- Faulty Steering: Loss of steering control making it impossible to avoid a collision.
- Airbag Malfunctions: Failure of airbags to deploy correctly during side impacts.
- Sudden Acceleration: A stuck accelerator pedal or malfunctioning throttle, making controlled driving impossible.
Identifying these defects demands specialized expertise. Our team at Gallagher & Kennedy works with automotive experts and engineers to uncover hidden causes behind your crash and hold manufacturers accountable.
How We Build a Case to Establish Fault
The evidence needed to prove who was at fault must be actively pursued, preserved, and presented in a way that tells a clear story. The legal obligation to prove your claim is called the burden of proof. In a civil case, this means proving your claim by a "preponderance of the evidence," or showing that it is more likely true than not (~>50% likely to be true). This is our job, not yours.
Our team at Gallagher & Kennedy has years of experience investigating these complex accidents. We systematically gather all the pieces of the puzzle, which include:
- The Official Police Report: We treat this as a starting point. We review it for the officer's initial impressions, witness information, and any citations issued, but we also know these reports might contain errors.
- Eyewitness Interviews: Independent witnesses are powerful, but their memories fade as time goes on. We act quickly to locate and interview anyone who saw the crash to lock in their testimony.
- Video Surveillance: We send immediate legal requests to preserve video footage from nearby businesses, residences, and traffic cameras before it can be erased.
- Accident Scene Analysis: We often return to the scene to take our own measurements and photographs, analyzing sightlines, road conditions, and the placement of traffic controls.
- Vehicle "Black Box" Data: Most modern cars have Event Data Recorders (EDRs) that capture critical information like speed, braking, and steering in the seconds before a collision. We take the legal steps necessary to have this data preserved and downloaded.
- Expert Accident Reconstruction: We work with former law enforcement officers and engineers who can reconstruct the crash based on physical evidence like skid marks and the crush damage to the vehicles. This scientific approach can definitively show how an accident happened.
Common Injuries from Side-Impact Collisions
T-bone accidents are uniquely dangerous. While a car's front and rear have large crumple zones designed to absorb impact, the sides offer little more than a door and a window for protection. This is why federal safety standards, like FMVSS 214, specifically address side-impact protection.
Side-impact crashes are responsible for 22% of all passenger vehicle occupant fatalities. These collisions are more likely to result in severe injuries compared to frontal crashes.
The violent, side-to-side motion in a T-bone crash leads to life-altering injuries, including:
- Traumatic Brain Injuries (TBIs): The head can whip sideways, causing it to strike the window or B-pillar, leading to concussions or more severe, permanent brain damage.
- Spinal Cord Injuries: The shearing forces could cause herniated discs or, in the worst cases, fractures to the vertebrae that result in paralysis.
- Pelvic and Hip Fractures: The direct impact on the side of the car often transfers directly to the pelvis, requiring extensive surgery and rehabilitation.
- Internal Organ Damage: The force of the collision can cause serious damage to the spleen, liver, kidneys, and other abdominal organs.
Steps to Take Immediately After a T-bone Accident (If You're Already Home)
If you're reading this from home following a T-bone accident, there's still plenty you can do right now to protect your claim and strengthen your case:
1. Seek Immediate Medical Attention (If You Haven’t Already)
Even if it's been hours or days since the crash, visit an urgent care, ER, or your primary doctor. Delayed symptoms from concussions, whiplash, or internal injuries are common, and medical documentation is essential for your claim.
2. Document Your Injuries and Symptoms
Photograph visible injuries (bruises, swelling, abrasions) clearly and from multiple angles. Start a daily log noting symptoms such as headaches, dizziness, pain levels, anxiety, or difficulty sleeping. Track how your injuries interfere with your daily life.
3. Report the Accident to Your Insurance Company
Call your insurer to report the accident if you haven’t already, but stick strictly to basic details: date, time, and location. Politely refuse any detailed questioning or recorded statements until you've spoken to an attorney.
4. Gather Relevant Documents
Organize everything you've received related to the accident, including:
- Medical records, doctor’s notes, prescriptions
- Receipts for out-of-pocket expenses (medications, transportation)
- Correspondence from insurance companies
- Police report or information to obtain it
- Vehicle repair estimates and photographs of car damage
5. Preserve Digital Evidence
Save and back up any photos or videos you took at the scene. If you didn’t personally capture evidence, note nearby businesses or traffic cameras that might have footage. Your attorney will request this evidence.
6. Avoid Discussing Your Accident Online
Do not post about your accident, injuries, or activities on social media. Insurers sometimes review social media profiles to undermine injury claims.
7. Talk to an Experienced Arizona Car Accident Attorney
Consult with a personal injury attorney, like the team at Gallagher & Kennedy, as soon as possible. An attorney will advise you on your next steps, manage communications with insurers, and promptly preserve critical evidence.
Your Questions About T-Bone Accidents, Answered
How long do I have to file a T-bone accident claim in Arizona?
In Arizona, the statute of limitations for most personal injury claims is two years from the date of the accident. However, if a government entity (like a city or state) is potentially at fault, you must file a Notice of Claim within just 180 days. It is important to act quickly to preserve your rights.
What if the driver who hit me was working for a company like Uber, Lyft, or a delivery service?
This adds another layer to the case. If the driver was on the clock for a company, their employer's commercial insurance policy may apply. These cases are more complex because they can involve the driver's personal insurance as well as the company's, depending on the driver's status at the time of the crash. It is beneficial to have a legal team that understands how to handle claims involving corporate defendants.
The police report says I was partially at fault. Is my case over?
Absolutely not. A police report is an officer's opinion; it is not the final word on liability. We frequently handle cases where we are able to demonstrate that the initial police report was incorrect or incomplete.
What if a dangerous road design or a broken traffic light in Phoenix caused the accident?
If a hazardous road condition—such as an obstructed view at an intersection or a malfunctioning traffic signal—contributed to the crash, you may have a claim against the government entity responsible for maintaining it. As mentioned, these claims have very short deadlines and specific requirements under Arizona law (A.R.S. § 12-821.01).
Let Gallagher & Kennedy Untangle the Question of Fault
Proving fault in a T-bone accident is a detailed, methodical process. It requires legal knowledge, investigative resources, and an unwavering focus on the facts.
Your focus should be on your recovery. Let our team at Gallagher & Kennedy, a dedicated Phoenix, Arizona personal injury attorney, take on the responsibility of building a strong case on your behalf.
Call us today at (602) 530-8400 or contact us online. We are here to provide the clarity and support you need.