An In-Depth Look at T-Bone Car Accidents and Side Impact Accidents: Perspectives from a Houston Car Accident Lawyer

What is a T-Bone Car Accident?

A T-bone car accident is a term used to describe a side impact collision between two vehicles in which the front of one vehicle collides with the side of the other vehicle at a right angle, forming a shape similar to the letter T. These are also sometimes called broadside crashes or broadside accidents because the side of a ship is referred to as the broadside in naval terminology.

What is a Side-Impact Car Accident?

A side-impact car accident is a general term referring to a crash where at least one vehicle is impacted on its side. There are several different subtypes of car accidents which are usually classified as side-impact crashes including the following:

• single-vehicle crashes which involve one vehicle hitting a stationary object with its side
•  sideswipe collisions which typically involve two vehicles traveling in the same direction or opposite directions and both vehicles being hit on their sides due to one of the vehicles veering out of its lane or both vehicles attempting to change lanes at the same time
• Side-impact angle collisions which typically involve a crash between two vehicles with the front of one vehicle hitting the side of the other at an angle which is not a right angle and does not form a T-shape like a T-bone crash

How Common are Side Impact Car Accidents?

According to available data, side-impact car accidents are one of the most common types of crashes in the United States, accounting for approximately 20-25% of all car accidents in America. Studies analyzing the most common types of car accidents in the European Union have similarly found that between 20-25% of all car accidents in the EU are side impact accidents.

How Common are Side Impact Car Accidents in the Greater Houston Area?

The Texas Department of Transportation  collects data, relating to car accidents throughout the State of Texas compiled from crash reports prepared by various Texas law enforcement agencies. but this data does not specifically track information regarding side impact collisions.

In 2023, according to the Texas Department of Transportation, there were 116,521 car accidents reported in Harris County, which includes the City of Houston and other jurisdictions which are part of the  Greater Houston area, such as the City of Bellaire, Cypress, and Alief.

The Texas Department of Transportation divides the State of Texas into 25 different districts for administrative purposes.  The Texas Department of Transportation’s Houston District is made up of Harris County,  Fort Bend County, Brazoria County, Galveston County, Montgomery County,    and Waller County.

According to the Texas Department of Transportation, the total number of car accidents in 2023 for each of the counties in the Houston District  based on the crash reports completed by various law enforcement agencies for crashes in those counties are the following:

• Harris County: 116,521 total car accidents reported in 2023
• Fort Bend County: 11,597 total car accidents reported in 2023
• Brazoria County: 2,093 total car accidents reported in 2023
• Galveston County: 7,027 total car accidents reported in 2023
• Montgomery County: 11,249 total car accidents reported in 2023
• Waller County: 1,456 total car accidents reported in 2023

Combining the numbers above, for each district the data from the Texas Department of Transportation indicates that there were a total of  149,943 car accidents reported in 2023 for the Houston District as a whole.

Most of the studies regarding side impact accidents conclude that approximately 20- 25 percent of all car accidents in the United States are side impact accidents. Based on those percentages and the number of total car accidents reported in the Houston District in 2023, approximately 30 thousand to 37 thousand side impact car accidents occurred in 2023 in the Houston District.

How Common are Injuries and Deaths Caused by Side Impact Car Accidents?

Side impact car accidents can be one of the most dangerous types of car accidents. Because the impact point in these types of accidents is on the side of the vehicle, rather than the front or back, the occupants of a vehicle generally have less protection from these types of impacts as opposed to accidents that impact the front or the back of a vehicle.

A  study conducted by the Insurance Institute of Highway Safety (IIHS) analyzing the types of car accidents in the United States in 2022 where at least one occupant of a vehicle was killed found that 22 percent of car accidents resulting in the death of a vehicle occupant were side impact crashes. According to this study, side impact car accidents were the second deadliest type of crash for vehicle occupants, with side impact accidents causing more deaths to people inside the vehicle than all other types of vehicle accidents except for front-impact crashes.

Notably, the study discussed above examined data for all 2022 car accidents in the United States resulting in at least one fatality, including accidents involving a single vehicle crashing into a fixed object, which accounted for more than 26% of all fatal car accidents throughout the United States in 2022.

Another study performed by the National Safety Council which also analyzed  fatal car accidents in the United States in the year 2022 found that nearly 45% of all crashes between two vehicles resulting in at least one death were angle collisions or T-bone collisions. The same study found that for crashes involving at least two vehicles, angle collisions and T-bone collisions caused more injuries requiring medical attention to at least one vehicle occupant than any other type of crash, accounting for 43% of all crashes where a vehicle occupant suffered an injury requiring medical attention.

Why are Side Impact Car Accidents More Likely to Cause Injuries or Deaths to Vehicle Occupants Than Most Other Types of Crashes?

A 2015 study performed by the European Commission, the executive body of the European Union, found that one of the factors likely causing vehicle occupants to suffer higher rates of injuries and deaths from side impact crashes compared to other types of accidents was the relative lack of structural protection provided by vehicles to absorb the forces from a side impact  compared to an impact to the front or back of the vehicle, even among the cars equipped with the most current available safety technology.

The same study found that vehicle occupants were at a significant risk of suffering serious injury or death from a side impact crash at much lower speeds compared to an impact to the front or rear of a vehicle. This study also found that side impact crashes were more likely to affect the most vulnerable areas of the body and produce serious injuries to the head and chest regions, whereas crashes involving an impact to the front or rear of a vehicle were more likely to produce injuries to other body parts.

Another study published in 2020 in the Journal of Safety Research also posited that the relatively higher safety risks to vehicle occupants posed by side impact crashes compared to front-impact and rear-impact crashes  may be due to the fact that there is less space between the vehicle occupant and the colliding vehicle in a side impact crash compared to front-impact and rear-impact crashes.

An additional factor that makes side impact crashes more dangerous for vehicle occupants than front-impact or rear-impact crashes is the growing number of SUV’s and other large vehicles on American roads, especially when a larger vehicle impacts a smaller car on its side. Larger vehicles tend to be heavier and their larger weight creates more force in a collision.

Notably, some small cars had worse safety scores when evaluated in side impact safety testing by the Insurance Institute of Highway Safety using its most recently updated side impact crash tests which are meant to resemble a real-world T-bone crash with an SUV. Some small vehicles fared significantly better in these side impact crash tests than others. These test results underscore the design challenges faced by vehicle manufacturers to create smaller vehicles that adequately protect vehicle occupants from the dangers of side impact crashes as the number of SUV’s and other large cars on American roads increases.

The National Highway Traffic Safety Administration (NHTSA) and Insurance Institute of Highway Safety (IIHS) Have Implemented Recent Changes to Reduce the Dangers of Injury and Death to Vehicle Occupants From Side Impact Crashes.

Beginning in 2011, the National Highway Safety Traffic Administration (NHTSA)  implemented a number of changes to the way it tested crashes and rated vehicle crash safety standards. These changes included a number of significant changes relating to how side impact crashes were tested and how vehicles were rated for side impact crash safety. These changes included using a wider assortment of crash dummies to be more representative of the United States population as a whole, and adding head, abdomen, and lower spine regions to the crash dummies to provide more data regarding how side impacts affect vehicle occupants in these areas of the body.

The 2011 changes implemented by the NHTSA also implemented a test crash where a Moving Deformable Barrier traveling 38.5 miles per hour impacts the side of a vehicle to simulate a real-world side impact crash between two vehicles. The other side impact test implemented by the NHTSA in 2011 also used a side pole testing crash to simulate a side impact crash between a vehicle and a stationary object. The results from the simulated intersection crash and the side pole testing crash were combined into a side impact vehicle crash safety score. The study published in 2020 in the Journal of Safety Research discussed above analyzed real-world side impact crashes and found that vehicles rated higher in side impact crash safety under the newer 2011 NHTSA safety ratings had lower average injury severity scores compared to vehicles rated under the old criteria.

In 2022, the NHTSA  implemented a rule updating Federal Motor Vehicle Safety Standard (FMVSS) 213 which regulates the testing of child safety seats. The new regulations require child safety seats to be tested using a simulated T-bone side impact crash of 30 miles per hour. The previous rule only required child safety seats to be tested for front impacts and did not require side impact testing. In explaining the reasons for the updated rule, NHTSA director Dr. Steven Cliff explained that side impact crashes tend to cause significant injuries and deaths in children every year, and the goal of the additional NHTA requirements is to increase child safety in vehicle crashes by testing for side impact crash safety.

In 2021, the Insurance Institute of Highway Safety (IIHS) updated its side crash tests with the new update having a barrier weighing 4200 pounds hit the side of a vehicle at a speed of 37 miles per hour. The previous version of the test used a barrier weighing 3300 pounds hitting the side of a vehicle at a speed of 31 miles per hour. The IIHS said the update was made to more accurately resemble the impact caused by a midsize SUV colliding with the side of a vehicle in a real-world T-bone crash.

What are the Most Common Causes for T-Bone Crashes and Other Side Impact Crashes?

T-Bone accidents, angle collisions, and other types of crashes between two vehicles involving a broadside impact frequently occur at intersections. Often, these crashes are the result of one or more of the following:

• A vehicle failing to comply with a traffic control device such as a stop sign or a red light in violation of  Texas Transportation Code §544.004
• A vehicle failing to yield the right-of-way in violation of Texas Transportation Code §545.151
• The driver of a vehicle being distracted and failing to focus on the road due to cell phone use or some other distraction
• The driver of a vehicle being  intoxicated and illegally driving under the influence of alcohol

If a T-Bone Accident or Other Side Impact Accident Happens in Houston, who is at Fault According to Texas Law?

Each crash is different based on the specific facts involved. In situations involving a T-bone crash or other type of side impact crash, the ultimate determination who caused the crash will often depend on what  evidence is available to prove what caused the crash.

Generally speaking,  Texas Transportation Code §544.004 requires drivers to obey red lights, stop signs, and other traffic control devices, and if the evidence shows a driver’s failure to do this caused the accident to occur, that driver will likely be held responsible for causing the accident. Likewise, Texas Transportation Code §545.151 (f) says that in a situation where a driver is required to stop and yield the right-of way when entering an intersection is presumed to have failed to yield the right-of-way if a collision occurs.

Ultimately, determining who was at fault for causing a T-bone accident or other side-impact accident for purposes of a personal injury claim will depend on the applicable principles of Texas law. Some legal issues that are frequently encountered in situations involving side impact car accidents in Houston and Texas as a whole are discussed in greater detail below.

If someone is injured in a side impact car accident and makes a personal injury claim, who is at fault according to Texas law is determined under the legal principle of negligence.

Negligence is a legal standard of what a reasonable person would do in the same situation or a similar one. If someone did not meet that standard and their actions were, that person would be considered negligent.

For someone to be found negligent in violation of the reasonable person standard, there must also be a legal duty owed to act as a reasonably prudent person in that specific situation. Texas law is clear that drivers owe a legally recognized duty to others to operate their vehicle safely and in accordance with the reasonable person standard and the rules of the Texas Transportation Code. Some examples of this which often apply to situations involving side impact car accidents include the following:

• Under Texas law, motorists have a duty of ordinary care not to create foreseeable risks to other drivers on the road.  Hatcher v. Mewbourn, 457 S.W.2d 151, 152 (Tex. App.—Texarkana 1970, writ ref’d n.r.e.).
• Similarly, Texas law recognizes that drivers have a duty to avoid creating a foreseeable risk of harm to others- including the duty to keep a proper lookout. Ciguero v. Lara, 455 S.W.3d 744, 748 (Tex. App.—El Paso 2015, no pet.).
• The failure to obey a stop sign without a valid excuse would constitute negligence and negligence per se Kenneally v. Thurn 653 S.W.2d 69, 73 (Tex. App.- San Antonio 1983, writ ref’d, n.r.e.)
• The failure to stop at a red light without a valid excuse would constitute negligence and negligence per se Guerrero v. Cardenas, No. 01-21-00045-CV, 2022 WL 210152, at *2 (Tex. App.—Houston [1st Dist.] Jan. 25, 2022, pet. denied ) (mem. op.)

There are many other possible situations and scenarios for how a T-bone or other side impact accident could potentially occur. If the insurance company of the driver impacting the side of the other vehicle refused to admit fault, it would ultimately be up to the judge or the jury at trial to determine who caused the accident pursuant to the negligence standard.

Can More Than One Person be Found at Fault for a Personal Injury Claim Caused by Side Impact Collision in Texas?

The short answer is yes. Texas follows the law of  proportionate responsibility (also called “comparative negligence”). If more than one person or entity is alleged to have caused or contributed to any accident, a judge or jury would determine whether any of the alleged parties were negligent based on the evidence presented at trial.

For every party found negligent, the judge or jury would then determine the overall percentage each of them had in causing or contributing to the accident, with combined total of all negligent parties adding up to 100%.

If a person is found to be partially at fault for causing or contributing to a car accident, they can still recover for their injuries and damages from the accident, with their recovery being reduced by the percentage of their negligence. For example, if a person was found to be 20% at fault for causing a crash, they would recover 80% of their total damages.

However, Texas law does not allow someone to recover any damages if their negligence is determined to be 51% or more. The policy underlying this law is that a person should not recover compensations if their fault was the biggest factor in causing their accident and resulting injuries.

What are Some of the Common Injuries Sustained in Side Impact Car Accidents?

The type and severity of injuries suffered in a side impact accident can vary significantly depending on many factors which include the following:

• The type of vehicles involved in the crash and their relative size and weight
• The speed of the vehicles before impact,
• The impact points of the crash in relation to the position of the people in the vehicle,
• What the occupants of the vehicle were doing at the time of impact and how their bodies were positioned at the moment of impact
• The safety features of the vehicles involved, especially the vehicle being impacted from the side
• Whether either vehicle was accelerating or decelerating at the time of impact and to what degree

Depending on the factors listed above and other details about how the crash occurred, there are many types of possible injuries that could be caused by a side impact car crash. These can include the following:

• Injuries to the legs and other lower extremities
• Soft tissue pain, muscle pain, stiffness, muscle spasms, and overall discomfort in the upper back, mid back, or lower back, which may be a soft-tissue injury or which may indicate a more serious spinal cord injury
• Radiating pain, numbness, or tingling in your neck, shoulders, arms, and hands
• Radiating pain, numbness, or tingling in your lower back and legs
• Head injuries, headaches, restlessness, inability to tolerate bright lights or loud noises for extended time periods, “brain fog”, irritability, inability to focus, and other mild-to-moderate symptoms of a concussion or Traumatic Brain injury (TBI)
• Swollen ,bruised, numb, or sore arms, shoulders, knees, legs, or any other body parts that may have hit any part of the inside of your vehicle as a result of the crash
• Injuries to the chest and upper sternum area

What Should I do if I was Involved in a T-Bone Crash or Other Side-Impact Car Accident in Houston?

• Call the police and call EMS if anyone is injured or may be injured at the crash scene. If you or someone else involved in the crash may have been injured in a side impact crash, they may need to be transported to the hospital and should be examined by EMS personnel at the scene to assess the severity of their injuries. Because of the possible serious nature of the injuries that a side impact crash can cause, if someone may possibly be injured from the crash, it is best to not take chances and risk a severe and potentially life-threatening injury being overlooked, so you should call 911 immediately and request EMS personnel to come to the crash scene. It is also best to request that a law enforcement officer come to the crash scene to prepare a police report and fully document the information relating to the crash. If the situation does not appear urgent, you can choose to contact the police via the police department’s non-emergency number(s). If you choose this approach it may take significantly longer for police to arrive if they are summoned in this way rather than a 911 call because law enforcement officers have to prioritize responding to more urgent situations in which they are summoned via 911 before responding to less urgent calls. If you suspect the driver who crashed into you may have been under the influence of drugs or alcohol at the time of the crash, you should call 911 and make it clear to the operator answering the call that you think the other driver may have been intoxicated when the crash happened. 
• Try to get photos or videos of both vehicles in their original positions at the crash scene before they are moved, if it is possible to do so safely and if you are able to obtain this evidence depending on your condition. If there are any witnesses who saw the crash, try to get their contact information if possible in case their information is not listed in the police report for any reason.
• Exchange insurance information with the other driver and take a photo of the insurance documents they provide you if you are both in a condition where you can exchange this information. If you can exchange information, you should also take a phot of the other driver’s license if they have one. If the other driver does not have a license or does not have a license with them, you should take a photo of their government ID, or any other identification documents they are able to provide you to have confirmation of who was driving the other vehicle at the time of the crash. Keep in mind that the person who was driving the other car may not be the same person who is listed on the insurance documents they provide you at the crash scene, and it is best practice to get confirmation of the other driver’s identity if it is possible to do so. There is nothing illegal or improper about driving a car where someone else is the primary insurance policyholder, but if you fail to confirm the identity of the other driver at the crash scene, this information may be harder to obtain later and not having this information could delay or hinder your ability to pursue a personal injury claim with the other driver’s insurance company if you were injured in the crash.
  
• If you have a towing service and your car may not be safe to drive or cannot be driven after the crash, you should call the towing service to the crash scene to tow your vehicle, if you are able to do so. If law enforcement personnel were called to the scene, none of the vehicles should be moved until the police have a chance to document everything necessary to complete their investigation of how the crash occurred and they instruct everyone to move their vehicles to clear the roadway. However, it will usually take a while for a towing service to arrive after being called to the crash scene, so it is preferable to summon the towing service to the crash scene sooner rather than later if possible.

Should I see a Doctor if I was in a Side-Impact Car Accident?

Even if you do not immediately feel pain or symptoms right after being hit, it is generally a good idea to get checked out by a medical professional as soon as possible if you are involved in a side impact car accident. These collisions can cause serious and severe injuries, and you want to make sure that you avoid being in a situation where you suffered a potentially serious and time-sensitive injury from the crash that goes undetected and untreated.

It is common to not immediately feel all the symptoms and injuries immediately after a car accident. In response to the sudden forces of impact that occur in a car accident, your body will usually go into fight-or-flight mode, which will normally include releasing lots of adrenaline that reduces or masks the amount of pain that is initially felt from your injuries. Because of this, people who are in a car accident often feel nothing at all immediately after the crash and can go up to 24-48 hours before the symptoms from the car accident are fully felt. This is why many car accident victims feel significantly worse after leaving the crash scene as their adrenaline wears off and they fully start to feel the symptoms from their injuries.

If you are experiencing symptoms that may require immediate medical attention, or if the crash occurred with a significant impact, you should call 911 and ask to for EMS personnel to come to the crash scene so they can perform a preliminary medical examination at the crash scene and determine if you need to go the emergency room to get medical attention for any potentially serious and/or life-threatening injuries.

If the impact was at a relatively low speed, it may not be necessary to go to an emergency room and it may be better to instead seek treatment from an urgent care facility. However, due to the types of severe injuries that can potentially result from side impact car accidents, it is better to err on the side of caution if you have any doubt about the severity of your injuries. EMS personnel can examine you at the crash scene and provide further information about your condition and give recommendations whether they believe you should be transported to the emergency room based on what they find in their initial examination at the crash scene.

Hopefully, after a medical examination by a medical professional, you will receive a clean bill of health, confirming the best scenario. However, if you suffered any injuries from a side impact car accident, it is best to have them diagnosed as soon as possible that you can obtain any necessary follow-up medical care that may be needed and take any other steps that are required to treat your injuries and get on the road to recovery.

Should I Hire a Lawyer if I was Injured in a Houston Side Impact Car Accident?

If you suffered an injury in a side impact car accident, you will most likely benefit from hiring a lawyer to assist you with your personal injury claim. It is better to contact a personal injury lawyer as soon as possible to discuss your situation and discuss your legal options so you can begin the process of filing your claim with the insurance company and taking the necessary steps to move your claim forward.  There are many parts to making a personal injury claim in Texas. A knowledgeable and experienced car accident lawyer can help you through the necessary steps to allow you to focus on recovering from your injuries and getting the medical treatment you need. A car accident lawyer can help you do the following:

• Open an insurance claim on your behalf, deal with insurance adjusters on your behalf so you don’t have to, and help you avoid the common tricks, traps, and tactics used by insurance companies 
• Help you deal with the property damage to your vehicle and help you facilitate getting your vehicle repaired if possible or help you through the process of obtaining fair market value for your vehicle if it is deemed a total loss
• Help you get a copy of the police report for your crash
• Help you deal with the medical bills for your medical treatment after the accident and help you facilitate getting any further medical care that you may need
• Help you understand your legal rights in relation to your accident and help you make an informed decision about whether an insurance company’s settlement offer to settle your personal injury claim is fair and whether you want to accept any settlement offer from the insurance company

The car accident attorneys at the Kishinevsky Law Firm PLLC are here to help, and we have helped numerous clients injured in car accidents in the greater Houston area and throughout the State of Texas obtain full and fair compensation for their car accident injury claims. If you or a loved one is involved in a car accident, you deserve to be paid the full amount of compensation for your injuries by the insurance company. Before you talk to the insurance company, contact our office today for a completely free and confidential consultation to discuss your case and see how we may be able to help you.