📋 Overview: California T-Bone Collisions
T-bone collisions (also called broadside or side-impact crashes) occur when the front of one vehicle strikes the side of another, typically at intersections. These accidents are among the most dangerous because vehicle doors provide minimal protection compared to front and rear crumple zones. Determining fault in T-bone cases requires careful analysis of right-of-way rules under California Vehicle Code.
Why T-Bone Cases Are Complex
Unlike rear-end collisions where the following driver is presumed at fault, T-bone accidents require proving which driver had the right-of-way. Both drivers often claim the other ran a red light or stop sign. Success depends on gathering strong evidence and understanding California's detailed right-of-way statutes.
Right-of-Way Analysis
California Vehicle Code 21800-21804 establishes detailed rules for who must yield at different intersection types.
Severe Injuries Common
Side impacts bypass crumple zones, directly hitting occupants. Head, neck, and torso injuries are common.
Comparative Fault
California's pure comparative negligence means both drivers may share fault, affecting recovery percentages.
Evidence Is Critical
Traffic cameras, witness statements, and accident reconstruction often determine outcome.
Common T-Bone Collision Scenarios
- Red light violation - Driver runs red light and strikes vehicle with green light
- Stop sign failure - Driver fails to stop or misjudges oncoming traffic speed
- Left turn across traffic - Driver turns left without yielding to oncoming vehicles
- Uncontrolled intersection - Driver fails to yield to vehicle on the right
- Yellow light timing - Driver accelerates through late yellow, strikes vehicle starting on green
- Obstructed view - Driver pulls out when view is blocked by parked vehicles or landscaping
T-Bone Injuries Are Often Serious
The side of a vehicle offers the least protection. Common T-bone injuries include:
- Traumatic brain injury from head striking window or pillar
- Fractured ribs, pelvis, and hips from direct door impact
- Spleen and liver lacerations from blunt force
- Neck and spine injuries from lateral forces
- Arm and shoulder injuries from door intrusion
Even "minor" side impacts can cause significant injuries. Always get a medical evaluation.
What You Can Recover
A successful T-bone collision demand can include:
- Medical expenses - Emergency, surgery, hospitalization, rehabilitation
- Lost wages - Time missed from work, including future earning capacity
- Pain and suffering - Physical pain and emotional trauma
- Property damage - Vehicle repair or total loss value
- Loss of consortium - Impact on family relationships (in severe cases)
- Punitive damages - If the at-fault driver's conduct was egregious (e.g., DUI)
⚖ Legal Basis
California's right-of-way rules are codified in Vehicle Code Sections 21800 through 21804. Understanding which statute applies to your intersection type is critical for establishing fault.
Key California Right-of-Way Statutes
Vehicle Code Section 21800 - Right-of-Way at Intersections
At intersections without traffic signals or stop signs, the driver who arrives first has the right-of-way. If vehicles arrive simultaneously, the driver on the left must yield to the driver on the right. This is the foundational rule for uncontrolled intersections.
Vehicle Code Section 21801 - Left Turns and U-Turns
A driver intending to turn left or make a U-turn must yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard. This section frequently applies in T-bone cases where the turning vehicle is struck.
Vehicle Code Section 21802 - Stop Signs
A driver at a stop sign must stop and then yield the right-of-way to any vehicle that has approached so closely on the intersecting highway as to constitute an immediate hazard. The driver may proceed only when it is safe to do so.
Vehicle Code Section 21803 - Yield Signs
A driver at a yield sign must slow down or stop as necessary and yield to any vehicle in the intersection or approaching so closely as to constitute an immediate hazard. After yielding, the driver may proceed when safe.
Vehicle Code Section 21804 - Entering Highway from Private Road
A driver entering a highway from a private road, driveway, or alley must yield to all traffic on the highway. This applies to vehicles entering from parking lots, driveways, and side streets.
Vehicle Code Section 21453 - Red Signal Violation
A driver facing a steady red signal shall stop at the marked limit line or entrance to the intersection and shall remain stopped until an indication to proceed is shown. Running a red light is a per se violation establishing negligence.
California Comparative Fault
Pure Comparative Negligence
California follows a pure comparative negligence system (Civil Code 1714). This means:
- You can recover damages even if you were partially at fault
- Your recovery is reduced by your percentage of fault
- Example: If you are 30% at fault on $100,000 damages, you recover $70,000
- Even at 99% fault, you can technically recover 1% of damages
Insurance companies will aggressively try to assign you partial fault. I address comparative fault arguments preemptively in demand letters.
Key California Case Law
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
The California Supreme Court adopted pure comparative negligence, allowing plaintiffs to recover even when partially at fault. This case revolutionized California personal injury law and remains controlling authority.
Fernandez v. Jimenez (2019) 40 Cal.App.5th 482
Affirmed that a driver who enters an intersection against a red light is negligent per se under Evidence Code 669. The burden shifts to the violating driver to prove they exercised due care despite the violation.
Critical: 2-Year Deadline
California Code of Civil Procedure Section 335.1 gives you only two years from the date of the accident to file a personal injury lawsuit. T-bone cases often require accident reconstruction experts, so do not wait until the last minute.
📝 Elements to Prove
To recover damages in a T-bone collision case, I must establish the following elements in your demand letter.
Four Elements of Negligence
1. Duty of Care
All drivers owe a duty to operate vehicles safely, obey traffic signals, and yield right-of-way as required by Vehicle Code.
2. Breach of Duty
The at-fault driver breached this duty by violating a right-of-way rule (running red light, failing to yield, etc.).
3. Causation
The breach directly caused the collision and your injuries. The T-bone impact must be connected to the right-of-way violation.
4. Damages
You suffered actual damages including medical bills, lost wages, pain and suffering, and property damage.
Establishing Right-of-Way Violation
The critical element in T-bone cases is proving who violated the right-of-way. I use multiple sources to establish this:
- Traffic camera footage - Red light cameras, nearby surveillance cameras
- Police report findings - Officer's determination of fault and citations issued
- Witness statements - Third-party observers who saw the collision
- Physical evidence - Point of impact, skid marks, vehicle damage patterns
- Accident reconstruction - Expert analysis of speeds, angles, and timing
- Vehicle data - Event data recorder (EDR/"black box") information
Addressing "He Said/She Said"
When both drivers claim the other ran the light or failed to yield, objective evidence becomes essential. Immediately after an accident:
- Look for nearby businesses with security cameras
- Get contact information from any witnesses
- Note the location of any red light cameras
- Take photos of skid marks and vehicle positions
Time is critical - camera footage is often overwritten within days.
💰 Calculating Your Damages
T-bone collision damages are often substantial due to the severity of side-impact injuries.
Categories of Damages
| Category | Description | How to Calculate |
|---|---|---|
| Emergency Medical Care | Ambulance, ER, hospitalization, surgery | Total of all emergency bills |
| Ongoing Medical Treatment | Follow-up care, specialists, physical therapy | Total of treatment bills to date |
| Future Medical Expenses | Projected surgeries, therapy, medication | Physician's life care plan estimate |
| Lost Wages | Time missed from work during recovery | Pay rate x hours/days missed |
| Loss of Earning Capacity | Reduced ability to work due to permanent injury | Vocational expert analysis |
| Property Damage | Vehicle repair or total loss value | Repair estimates or FMV |
| Pain and Suffering | Physical pain, emotional distress, trauma | Multiplier method or per diem |
| Loss of Consortium | Impact on spousal relationship | Separate claim by spouse |
Sample Damages Calculation
Example: Serious T-Bone with Hip Fracture
T-bone collision requiring surgery and extended rehabilitation
Comparative Fault Adjustment
If the insurance company successfully argues you were partially at fault, your recovery would be reduced proportionally:
- 0% fault: Full $464,750 recovery
- 10% fault: $418,275 recovery (reduced by $46,475)
- 25% fault: $348,563 recovery (reduced by $116,188)
- 50% fault: $232,375 recovery (reduced by half)
I fight to minimize any fault assigned to you and maximize your recovery.
📂 Evidence Checklist
T-bone cases require thorough evidence to establish who had the right-of-way. Time is critical for preserving certain evidence.
📹 Critical - Time Sensitive
- ✓Traffic camera footage (request within 48 hrs)
- ✓Nearby business surveillance video
- ✓Witness contact information
- ✓Skid mark photos before road cleaning
- ✓Vehicle EDR data (preserve vehicle)
📄 Accident Documentation
- ✓Police report (Traffic Collision Report)
- ✓Photos of all vehicle damage
- ✓Photos of intersection (signals, signs)
- ✓Photos of visible injuries
- ✓Diagram of collision
💉 Medical Documentation
- ✓ER records and discharge summary
- ✓Hospitalization records
- ✓Surgical reports
- ✓Imaging (X-ray, CT, MRI)
- ✓Physical therapy records
- ✓All medical bills
💰 Financial Documentation
- ✓Pay stubs showing lost wages
- ✓Employer letter confirming absence
- ✓Vehicle repair estimates
- ✓Total loss valuation
- ✓Rental car receipts
- ✓Out-of-pocket expenses
Act Immediately on Video Evidence
Traffic camera and surveillance footage is typically overwritten within 48-72 hours. If you were T-boned at an intersection:
- Immediately contact the city/county for traffic camera footage
- Visit nearby businesses and ask them to preserve footage
- Note the location of any red light cameras
- If you have an attorney, we can issue preservation letters immediately
Lost video evidence can mean the difference between winning and losing your case.
📝 Sample Demand Language
I use these frameworks when drafting T-bone intersection demand letters. Customize with your specific facts.
Medical Expenses:
Emergency Services/Ambulance: $[AMOUNT]
[Hospital Name] - ER/Hospitalization: $[AMOUNT]
[Surgeon] - Surgery: $[AMOUNT]
[Provider Name] - Physical Therapy: $[AMOUNT]
Imaging and Diagnostics: $[AMOUNT]
Medications: $[AMOUNT]
Total Medical: $[TOTAL]
Lost Wages: $[AMOUNT] ([X] months at $[MONTHLY RATE])
Property Damage: $[AMOUNT] (total loss)
Pain and Suffering: $[AMOUNT]
TOTAL DEMAND: $[TOTAL]
Please note that the statute of limitations under California Code of Civil Procedure Section 335.1 will expire on [DATE - 2 years from accident]. My client is prepared to pursue litigation if this matter is not resolved, which will include claims for the full measure of damages, costs of suit, and any additional damages that accrue.
I look forward to your prompt response.
🚀 Next Steps
After sending your demand letter, here is what to expect and how to proceed.
Expected Timeline
Days 1-7
Insurance company receives demand, assigns to senior adjuster given complexity
Days 7-21
Adjuster reviews police report, video evidence, medical records, evaluates liability
Days 21-30
Initial response - often with liability dispute or comparative fault argument
Days 30-90
Extended negotiation - T-bone cases often require multiple rounds
If Insurance Disputes Liability
In T-bone cases, insurance companies often dispute who had the right-of-way. I respond by:
- Providing additional evidence (video, witness statements, expert analysis)
- Addressing specific arguments with legal citations
- Presenting accident reconstruction analysis if needed
- Challenging any unsupported comparative fault allegations
If Settlement Cannot Be Reached
File Lawsuit
Filing in California Superior Court forces the insurer to take the case seriously. Discovery allows us to obtain additional evidence including deposition testimony.
Mediation
Many T-bone cases settle at mediation where a neutral mediator helps both sides reach agreement without trial.
Do Not Miss the Deadline
California's statute of limitations for personal injury is 2 years from the accident date (CCP 335.1). T-bone cases often require expert witnesses and detailed investigation. Do not wait - contact an attorney well before the deadline.
📥 For Insurance Companies: Responding to T-Bone Claims
If you are an insurance adjuster evaluating a T-bone intersection claim, here are the key considerations.
Liability Requires Investigation
Unlike rear-end collisions, T-bone cases do not carry an automatic presumption of fault against either driver. However, when the evidence clearly establishes a right-of-way violation (red light, stop sign, failure to yield), liability is just as clear. Investigate thoroughly but do not deny clear liability claims.
Evaluating the Demand
- Secure evidence - Obtain traffic camera footage, witness statements, police report immediately
- Review right-of-way rules - Identify which VC section applies to this intersection type
- Assess insured's statement - Did insured admit running signal? Claim light was yellow?
- Evaluate physical evidence - Point of impact, damage patterns, skid marks
- Consider accident reconstruction - For disputed liability, expert analysis may be warranted
- Review medical records - Are injuries consistent with T-bone impact mechanism?
Comparative Fault Analysis
Speed of Plaintiff
Was plaintiff exceeding speed limit? If so, could they have avoided the collision at legal speed?
Late Yellow Light
If both drivers claim green, analyze signal timing. EDR data may show impact speeds.
Distraction
Evidence plaintiff was distracted (phone records) may support shared fault argument.
Evasive Action
Did plaintiff have time to take evasive action and fail to do so?
Unsupported Comparative Fault Arguments Backfire
Asserting comparative fault without evidence damages your credibility and may result in bad faith exposure. If your insured ran a red light and you argue the plaintiff was "speeding" without evidence, expect the demand to increase and plaintiff's counsel to be less willing to negotiate reasonably.
⚖ Attorney Services
I assist individuals injured in T-bone collisions and provide consulting services to insurance professionals. Here is how I can help.
For Injured Victims
- Investigate the accident and secure time-sensitive evidence (video, witnesses)
- Analyze right-of-way rules and establish liability under Vehicle Code
- Calculate full damages including pain and suffering
- Draft a professional demand letter with supporting evidence
- Negotiate with insurance adjusters, addressing comparative fault arguments
- File suit and litigate if fair settlement cannot be reached
For Insurance Professionals
- Liability evaluation on disputed intersection accidents
- Comparative fault analysis and defense recommendations
- Medical record review and damages assessment
- Coverage opinions on complex claims
T-Boned at an Intersection?
Get a 30-minute strategy session to evaluate your claim and discuss your options.
Book Consultation - $240/hrHourly Consultation
$240 per hour for case evaluation, strategy sessions, and hourly legal work.
Flat Fee Demand Letter
$450 flat fee for professional demand letter drafting with liability analysis and supporting documentation.
Contingency Fee Representation
33-40% contingency for full representation through settlement or litigation. No fee unless you recover.
Contact Information
Email: owner@terms.law
Book Online: calendly.com/sergei-tokmakov/30-minute-zoom-meeting