T-Bone and Intersection Accidents in Pennsylvania: Who's at Fault?
Intersections are where cars cross paths, so they are where many of the worst crashes happen. A T-bone, or side-impact, collision happens when the front of one vehicle hits the side of another. There is very little metal between the driver and the other car, so injuries can be serious even at moderate speeds.
Unlike a rear-end crash, fault in an intersection accident is often disputed. Each driver may say they had the green light or the right of way. Here is how fault is usually decided in Pennsylvania.
Common causes of intersection crashes
Running a red light or stop sign. A driver who ignores a signal or sign is usually at fault.
Unsafe left turns. Drivers turning left must yield to oncoming traffic that is close enough to be a hazard.
Failing to yield. At a four-way stop, the first vehicle to stop goes first. If two arrive at once, the driver on the left yields to the driver on the right.
Distracted driving. A driver looking at a phone may miss a light change or a car already in the intersection.
Speeding to "beat" a yellow light. Racing a light leaves no room to stop when another driver is turning.
Blocked views. Overgrown brush, parked trucks and poor sight lines can play a role, and sometimes point to another responsible party.
Evidence that proves who had the right of way
Because both drivers often tell different stories, evidence matters more in intersection cases than in almost any other crash. Useful evidence includes:
The police crash report and any citations issued
Witness statements from other drivers or pedestrians
Video from traffic cameras, nearby businesses, dashcams or doorbell cameras
Vehicle damage, which shows the angle and force of the impact
Event data recorders ("black boxes") that store speed and braking data
Signal timing records for the intersection
Video footage is often recorded over within days or weeks. If you were hurt in an intersection crash, the sooner an attorney can request it, the better. See how to get your Pennsylvania crash report.
What if both drivers share the blame?
Pennsylvania uses a modified comparative negligence rule. You can still recover compensation as long as you are not more than 50% at fault, but your award is reduced by your share of the blame. For example, if your damages are $100,000 and you are found 20% at fault, you could recover $80,000. Insurance companies often try to push some of the blame onto the injured driver to lower what they pay. Learn more in our guide to comparative negligence in Pennsylvania.
Limited tort and your claim
If you chose limited tort on your auto policy, your right to recover for pain and suffering may be restricted unless your injury is considered serious. There are important exceptions, and the rules are often misunderstood. See our page on limited tort vs. full tort before you assume you cannot recover.
What to do after an intersection accident
Call 911 and get medical care, even if you feel okay at first.
Take photos of the vehicles, the intersection, traffic signals and signs.
Get names and phone numbers of any witnesses.
Look for cameras on nearby buildings and note where they are.
Do not argue about fault at the scene or give a recorded statement to the other driver's insurer.
Talk to a local attorney
Intersection cases are often won or lost on evidence gathered in the first few weeks. Joyce, Carmody & Moran represents people hurt in crashes throughout Luzerne County, Lackawanna County and across Pennsylvania. Call us at 570-602-3560 for a free consultation. There is no obligation, and we will tell you honestly what your case looks like.
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