
You were crossing an intersection when another car slammed into your door, or you were turning and got hit broadside. Now you’re hurt, and an insurance adjuster wants to know whose fault it was. Here’s the plain answer: fault in a T-bone crash usually comes down to who had the right of way. A driver who ran a red light or a stop sign, or turned left in front of oncoming traffic, broke a traffic rule, and that is strong evidence of fault. But fault can be shared, and the proof can disappear within days. Right away, get checked by a doctor, save the evidence and be careful what you tell the other driver’s insurer.
Hurt and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.
What is a T-bone crash, and why is it so dangerous?
A side-impact crash, also called a T-bone or broadside crash, happens when the front of one vehicle hits the side of another, forming a “T.” The National Highway Traffic Safety Administration (NHTSA) counts these as angle crashes: collisions between two vehicles on the road that aren’t head-on, rear-end, rear-to-rear or sideswipe crashes. In 2023, angle crashes were the most common kind of injury crash, and there were more than twice as many fatal angle crashes as fatal rear-end crashes:
| Crashes between vehicles on the road, 2023 | Fatal | Injury | All police-reported |
|---|---|---|---|
| Angle (includes T-bone) | 7,044 | 498,210 | 1,393,852 |
| Rear-end | 2,701 | 461,282 | 1,748,481 |
| Head-on | 4,230 | 87,363 | 174,842 |
Source: NHTSA, Traffic Safety Facts 2023, Table 29. Angle crashes made up 18.7% of all fatal crashes and 29.4% of all injury crashes. Compare rear-end crashes, head-on collisions and other types of car accidents.
In NHTSA’s data, the vehicle that gets hit takes the worst of it. In fatal two-vehicle crashes in 2023 in which the front of a pickup, SUV or van hit the side of a car, people in the car were killed 14.4 times as often as people in the light truck. When a car hit the side of a light truck, people in the truck were killed 1.6 times as often. In the side crashes its 2007 safety upgrade targeted, NHTSA found that head and face injuries caused 41% of deaths among people seated on the struck side, and chest injuries 34% (2004 data).
Federal Motor Vehicle Safety Standard No. 214 requires cars and light trucks rated at 10,000 pounds or less to pass side-impact tests, which, depending on the vehicle, include a 33.5 mph barrier crash and a sideways crash into a pole at up to 20 mph (49 CFR 571.214). NHTSA added the pole test in 2007, expecting it to lead to side curtain and torso air bags (72 FR 51908).
Who is at fault in a T-bone crash?
T-bone crashes happen where paths cross. In a NHTSA study of crashes investigated at the scene from 2005 to 2007, the move that made 36% of the crashes unavoidable was a driver turning or crossing at an intersection, and in 22.2% it was a left turn. The driver error recorded most often in those intersection crashes was “inadequate surveillance,” meaning the driver failed to look, or looked but did not see (44.1%), though NHTSA cautions that this doesn’t assign fault. Side impacts in parking lots raise their own questions; see who is at fault in a parking lot crash.
Who had the right of way?
State traffic laws say when a driver must yield the right of way, which means letting the other driver go first (Cornell LII), and a T-bone case usually turns on which driver broke one of those rules. A driver who breaks a safety law without an excuse can be treated as negligent as a matter of law, a doctrine called negligence per se (Cornell LII). Here is how Michigan’s Vehicle Code handles common T-bone situations; other states’ details can differ.
| Situation | Who must yield under Michigan law |
|---|---|
| Stop sign | Stop, then yield to vehicles in the intersection or close enough to be an immediate hazard (MCL 257.649(8)) |
| Traffic light | Red: stay stopped until green, except for a permitted turn on red after stopping and yielding. Yellow: stop unless you can’t safely. Green: go, but yield to vehicles and people lawfully in the intersection (MCL 257.612(1)) |
| Turning left | Yield to oncoming traffic in the intersection or close enough to be an immediate hazard (MCL 257.650(1)) |
| No signs or signals | Yield to a vehicle already in the intersection. If you enter at about the same time, the driver on the left yields (MCL 257.649(1), (2)) |
| Flashing or dark signal | Flashing red: treat it as a stop sign (MCL 257.614(1)). Dark or malfunctioning: stop, and yield to vehicles that would be an immediate hazard (MCL 257.649(4)) |
| Leaving a driveway or private road | Stop, and yield to traffic on the road (MCL 257.652(1)) |
Can both drivers share the blame?
Yes. In Michigan, a driver going at an unlawful speed forfeits any right of way the rules for stop signs, yield signs and intersections without working signals would otherwise give (MCL 257.649(7)), and a driver with a green light must still yield to vehicles lawfully in the intersection. Most states split the loss by percentage, a rule called comparative negligence: if you’re 20% at fault, you receive 80% of your damages. Many bar recovery once your share reaches 50% or 51%, and Alabama, Maryland, North Carolina, Virginia and Washington, D.C., still follow contributory negligence, which can bar recovery for any fault at all (Cornell LII). See each state’s shared-fault rule.
What evidence shows who had the right of way?
When both drivers claim the green light, the evidence decides, and much of it fades fast:
- The scene: photos of the signals and signs, anything that blocked the view, skid marks, debris and where each car stopped.
- Witnesses: names and phone numbers, before people leave.
- Video and signal records: footage from businesses, homes, buses, dashcams and traffic cameras, and the signal’s timing and repair records. Footage may be recorded over, so ask in writing right away.
- The police report: the officer’s view of fault is an opinion, not a final ruling.

What does the car’s event data recorder show?
Federal rules don’t require an event data recorder (EDR), but NHTSA estimates that 99.5% of model year 2021 cars and other vehicles up to 8,500 pounds had one. If a car or other vehicle up to 8,500 pounds built since September 2012 has an EDR, it must record speed, accelerator and brake use in the 5 seconds before a crash (49 CFR 563.3, 563.7). NHTSA has found that 5 seconds captures only a small part of the time a vehicle spends approaching and crossing an intersection, and it is phasing in 20 seconds for vehicles built from September 1, 2028.
The data belongs to the vehicle’s owner or lessee, and anyone else generally needs the owner’s or lessee’s consent or a court’s authorization (Driver Privacy Act of 2015). Reading it takes special equipment and access to the vehicle or the recorder (49 CFR 563.11), so don’t let your car be repaired or scrapped until you’ve asked a lawyer about saving its data, and about asking the other driver’s insurer to preserve the other car. See how to preserve evidence after an accident.
Can a road agency or a carmaker share the blame?
The road agency. A missing stop sign, a broken signal or bushes that hid cross traffic can point to the agency that runs the road. Claims against government agencies follow their own rules, and some have short notice deadlines.
The carmaker. If a side air bag didn’t deploy or a door gave way, the maker may share responsibility even though it didn’t cause the crash. In 1968, a federal appeals court applying Michigan law held that carmakers must use reasonable care in design to avoid “an unreasonable risk of injury in the event of a collision,” and can be liable for injuries a defect caused or made worse (Larsen v. General Motors Corp.). These crashworthiness claims depend on examining the car.
Not sure who had the right of way, or which insurer pays first? Get a free case review. Four quick questions, no cost, no obligation.
Who pays, and what can a T-bone claim cover?
Twelve states and Puerto Rico, including Michigan, have no-fault laws. There, your own personal injury protection (PIP) pays your basic losses first, whoever caused the crash, and you can usually sue for pain and suffering only if your injury passes a threshold. In at-fault (tort) states, lawsuits aren’t restricted: the driver who caused the crash can be sued for pain and suffering and for costs such as medical bills (Triple-I). Our car accident lawsuit guide explains both systems.
A claim can cover economic losses, such as medical bills, lost wages and car damage, and noneconomic losses, such as pain and emotional distress (Cornell LII). If the at-fault driver had no insurance or too little, your own uninsured or underinsured motorist coverage can pay (National Association of Insurance Commissioners). If the driver fled, see what to do after a hit-and-run.
What is a T-bone claim worth?
No one can honestly price your claim without the facts, and an “average” mixes minor crashes with life-changing ones; see what car accident settlement figures really mean. Value moves with your injury, the strength of the right-of-way evidence, your share of fault, the insurance available and, in a no-fault state, the threshold. Before you accept an offer, ask for a written estimate of what you’d take home after fees, costs and any health plan repayment.
What to do next
- Get medical care, even if you feel all right. Some concussion symptoms may not appear for hours or days (CDC). Keep every bill and record.
- Save the evidence this week: photos, witness contacts, written requests for video, and your car, untouched until you’ve asked about its data. Our checklist of 10 things to do after a car accident covers the rest.
- Send your notices. Tell your own insurer promptly. In Michigan, give written PIP notice within one year, and road-agency notice within 120 days if the road played a part.
- Say less to the other side’s insurer. You don’t have to give it a recorded statement, and it’s safer not to before you’ve had advice. A release gives up the claim (Cornell LII), so don’t sign one until you know how badly you’re hurt.
- Get a free case review. Tell us what happened in four quick questions, at no cost. In Michigan, you can also compare injury lawyers near you.
What waiting can cost
- The video. Footage gets recorded over, and with it the proof of who had the green light.
- The cars. A repaired or scrapped car can’t be inspected, and its event data can go with it.
- Your right to sue. Every state sets a deadline to sue, called a statute of limitations, and notice deadlines can be shorter.
- Your story. An early recorded statement, such as “I never saw him,” can be used to shift fault onto you.
What a good outcome looks like
The evidence shows who had the right of way, and any split of fault matches what happened, not an adjuster’s first guess. Your bills and lost income are paid on time while you heal, every notice goes out on time, and whoever caused the crash pays fair compensation through their insurance. From wondering whose fault the crash was to knowing why right of way matters, what evidence to save and who else may share the blame.
For more, browse our car, truck and motorcycle accident guides. In Michigan, start with the plain-English guide to Michigan injury law.
Frequently asked questions
Who is at fault in a T-bone accident?
Fault usually turns on who had the right of way. A driver who ran a red light or a stop sign, turned left in front of oncoming traffic or pulled out of a driveway failed to yield. Fault can be shared, though: in Michigan, a driver going at an unlawful speed forfeits any right of way the rules for stop signs, yield signs and intersections without working signals would otherwise give (MCL 257.649(7)), a driver with a green light must still yield to vehicles lawfully in the intersection (MCL 257.612(1)(a)), and your damages are reduced by your share of the fault (MCL 600.2959).
What if both drivers say they had a green light?
Then the evidence decides: neutral witnesses, video from business, home and traffic cameras or dashcams, the signal's records, the damage to both cars and the cars' event data recorders. Ask for video in writing right away, because it may be recorded over. The officer's view of fault in a police report is an opinion, not a final decision.
Does a traffic ticket prove the other driver was at fault?
Not by itself. In Michigan, evidence that a driver was convicted of, or found responsible for, a traffic violation can't be used in the injury lawsuit (MCL 257.731). The jury decides for itself whether a driver broke a traffic law, and if it finds a violation that wasn't excused, it may infer that the driver was negligent (M Civ JI 12.01, 12.02).
Can I sue after a T-bone crash in Michigan?
In some cases. Your own PIP insurer pays medical bills and part of your lost income regardless of fault (MCL 500.3105(2), 500.3107). You can sue the at-fault driver for pain and suffering if the crash caused death, serious impairment of body function or permanent serious disfigurement. A Michigan resident can also sue for medical costs and lost income beyond PIP's limits, and, for crashes after July 1, 2020, for up to $3,000 in vehicle damage insurance doesn't cover (MCL 500.3135). Most of these lawsuits must be filed within three years (MCL 600.5805(2)).
Who can get the data from a car's event data recorder?
Under the federal Driver Privacy Act of 2015, the data belongs to the vehicle's owner or lessee. Anyone else generally needs the owner's or lessee's consent or a court's authorization, with a few exceptions, such as certain federal safety investigations and emergency medical response. Reading the data takes special equipment and access to the vehicle or the recorder (49 CFR 563.11).
Can I sue the road commission over a missing stop sign or a broken signal in Michigan?
Generally not the state or a county road commission. The Michigan Supreme Court has held that their duty under the highway exception covers dangerous or defective conditions in the roadbed itself, not installing, maintaining, repairing or improving traffic signs and signals, or vegetation that blocks the view (Nawrocki v Macomb County Road Commission, 2000). If a defect in the road itself played a part, written notice to the agency is due within 120 days (MCL 691.1404(1)).
Sources
- Traffic Safety Facts 2023: A Compilation of Motor Vehicle Traffic Crash Data (DOT HS 813 738, August 2025), Table 29 and glossary · National Highway Traffic Safety Administration, CrashStats
- Passenger Vehicles: 2023 Data (DOT HS 813 723, May 2025) · National Highway Traffic Safety Administration, CrashStats
- Crash Factors in Intersection-Related Crashes: An On-Scene Perspective (DOT HS 811 366, September 2010) · National Highway Traffic Safety Administration, CrashStats
- National Motor Vehicle Crash Causation Survey: Report to Congress (DOT HS 811 059, July 2008) · National Highway Traffic Safety Administration, CrashStats
- Final rule, FMVSS No. 214, Side impact protection (72 FR 51908, September 11, 2007) · National Highway Traffic Safety Administration, Federal Register
- 49 CFR 571.214, Standard No. 214, Side impact protection · Electronic Code of Federal Regulations
- 49 CFR Part 563, Event data recorders · Electronic Code of Federal Regulations
- Final rule, Event Data Recorders (89 FR 102810, December 18, 2024) · National Highway Traffic Safety Administration, Federal Register
- Final rule, Event Data Recorders, phase-in schedule (91 FR 28432, May 18, 2026) · National Highway Traffic Safety Administration, Federal Register
- Driver Privacy Act of 2015, Pub. L. 114-94, sections 24301 and 24302 (49 U.S.C. 30101 note) · Office of the Law Revision Counsel, U.S. House of Representatives
- Symptoms of Mild TBI and Concussion (updated September 15, 2025) · Centers for Disease Control and Prevention
- Background on: No-fault auto insurance · Insurance Information Institute (Triple-I)
- What Does Auto Insurance Cover? (June 11, 2026) · National Association of Insurance Commissioners
- Right of way · Legal Information Institute, Cornell Law School
- Negligence per se · Legal Information Institute, Cornell Law School
- Comparative negligence · Legal Information Institute, Cornell Law School
- Compensatory damages · Legal Information Institute, Cornell Law School
- Pain and suffering · Legal Information Institute, Cornell Law School
- Release · Legal Information Institute, Cornell Law School
- Larsen v. General Motors Corp., 391 F.2d 495 (8th Cir. 1968) · Caselaw Access Project, Harvard Law School
- Nawrocki v Macomb County Road Commission, 463 Mich 143 (2000) · Caselaw Access Project, Harvard Law School
- Hanson v Mecosta County Road Commissioners, 465 Mich 492 (2002) · Caselaw Access Project, Harvard Law School
- Michigan Model Civil Jury Instructions (updated July 21, 2026), M Civ JI 12.01 and 12.02, Violation of statute · Michigan Supreme Court
- UD-10 Traffic Crash Report 2022 Instruction Manual · Michigan State Police
- Auto insurance frequently asked questions · Michigan Department of Insurance and Financial Services
- Brief Explanation of Michigan No-Fault Insurance (FIS-PUB 0202A) · Michigan Department of Insurance and Financial Services
- MCL 257.612, Traffic control signals · Michigan Legislature
- MCL 257.614, Flashing red or yellow signals · Michigan Legislature
- MCL 257.649, Right of way at intersections; stop and yield signs · Michigan Legislature
- MCL 257.650, Left turns at intersections · Michigan Legislature
- MCL 257.652, Entering a highway from an alley, private road or driveway · Michigan Legislature
- MCL 257.731, Traffic convictions and civil infraction findings inadmissible in civil actions · Michigan Legislature
- MCL 500.3101, Required no-fault coverages · Michigan Legislature
- MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
- MCL 500.3107, Allowable expenses, work loss and replacement services · Michigan Legislature
- MCL 500.3107c, PIP medical coverage levels · Michigan Legislature
- MCL 500.3114, Order of priority for PIP claims · Michigan Legislature
- MCL 500.3135, Tort liability for noneconomic loss; serious impairment of body function; the mini-tort · Michigan Legislature
- MCL 500.3145, Limitations on actions for PIP benefits; notice of injury · Michigan Legislature
- MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
- MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
- MCL 691.1402, Highway exception to governmental immunity · Michigan Legislature
- MCL 691.1404, Notice of injury caused by a defective highway · Michigan Legislature
- MCL 691.1411, Limitations period for highway claims against government agencies · Michigan Legislature
Updated September 25, 2026
This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.
