Who Is at Fault for a Side Collision Accident?

September 27, 2025 | By Anderson O'Brien
Who Is at Fault for a Side Collision Accident?

Crashes where one car strikes the side of another—are among the most frightening events that can happen on the road. The victim often sees the other vehicle coming, but is powerless to stop the collision.

Unlike head-on crashes, where you have the entire front end of your car to absorb the blow, victims of a side collision accidents have little to no protection. A few inches of the door frame, some glass, and thin metal sheeting are all that exist between the victim and a multi-ton projectile traveling at high speed.

After such an accident, determining fault is one of the first steps towards justice. An attorney will take a panoramic view of the accident to determine who is responsible. They will consider any drivers, motor vehicle manufacturers, municipalities, and other parties whose negligence has left you in pain, financial uncertainty, and suffering. One of our skilled Stevens Point, Wisconsin car accident lawyer can guide you through this process and fight for the compensation you deserve.

Key Takeaways

  • Side collision accidents often involve multiple at-fault parties, which might include the striking driver, vehicle manufacturers whose defective products caused or worsened injuries, government entities responsible for dangerous road conditions, and employers of commercial drivers
  • Defective automotive safety systems can turn survivable crashes into catastrophic events—failed airbags, broken seatbelts, and weak door frames can mean the difference between walking away and permanent disability
  • Insurance companies fight claims aggressively, and an attorney will be no stranger to the bad-faith strategies insurance companies employ
  • Time limits for filing lawsuits are not flexible, with some claims requiring action within months of the accident, and missing these deadlines can destroy otherwise valid cases worth substantial compensation
  • Contacting an experienced attorney immediately after a side collision accident is the right move for many, as your lawyer has the resources and knowledge necessary to start work on your case right away

Why Side Collision Accidents Happen

T-Bone Accident

Most side collision crashes occur at intersections, but understanding the precise cause of your accident will help your vehicle accident attorney identify everyone who is at fault (and who has financial liability). Some of the parties commonly at fault for these types of crashes are:

  • Red light runners: These accidents happen when someone runs a red light or rolls through a stop sign and hits a car that has the right of way. These accidents can result from speeding, impaired driving, or just a callous disregard for others' safety.
  • Distracted drivers: Distracted drivers cause thousands of these accidents every year because they're not paying attention to traffic signals or road conditions. Distraction can mean looking at a cell phone, but it might also mean taking one's hand off the wheel or taking one's mind off the act of safe driving.
  • Those who turn left without care: These accidents happen when drivers make left turns and misjudge oncoming traffic speed or distance. This can lead to the turning vehicle being struck in the side panel, and in that case, the motorist who turned may be liable for the crash.
  • Those responsible for mechanical failures: Sometimes, a defective product causes a side collision accident. Brake systems that suddenly fail send cars careening through intersections. Steering systems that lock up or separate prevent drivers from avoiding crashes. Tire blowouts or tread separations cause drivers to lose control and veer into cross traffic. When defective products cause these crashes, manufacturers often bear primary responsibility for all resulting injuries.
  • Municipalities that create dangerous road conditions: Poorly designed intersections with blocked sight lines, confusing traffic signals, and missing warning signs can all contribute to these accidents. When governmental bodies create hazardous conditions through poor planning or inadequate maintenance, they may share liability for an accident. 

When your lawyer is investigating your crash, they will sift through the facts and evidence to arrive at a clear conclusion about who is at fault.

The Million-Dollar Question: Who Pays for side collision Accident Injuries?

These accidents involving defective products often have multiple defendants who share responsibility for the victims' injuries. Understanding all potential sources of compensation helps ensure victims receive full payment for their damages, and your lawyer may seek compensation from:

  • Insurance companies: Insurers are typically the first line of compensation after an accident. Your injury attorney may find that the at-fault driver (or other at-fault parties) has ample insurance to cover your damages. It's also possible that you are the victim of an uninsured driver, which every state has a substantial population of.
  • The at-fault driver: The person who caused your T-bone accident typically carries auto liability insurance that covers medical bills, lost earnings, and pain and suffering. However, many drivers carry only minimum insurance coverage that may not come close to covering severe T-bone accident injuries. When the at-fault driver doesn't have enough insurance, your car accident lawyer may advise you to sue them.
  • Vehicle and parts manufacturers: Car and parts manufacturers face strict liability when their defective products cause or worsen T-bone accident victims' injuries. This means you don't have to prove they were careless or negligent—just that their product was unreasonably dangerous. 
  • Employers and commercial operators: When commercial vehicles are involved in T-bone accidents, the driver's employer typically shares liability under legal principles that make businesses responsible for their employees' actions. Trucking companies, delivery services, and other commercial operators also have obligations to maintain their vehicles, hire only qualified employees, and ensure drivers follow safety regulations.
  • Government entities: Cities, counties, and state transportation departments can be held liable when dangerous road conditions contribute to T-bone accidents. These claims face special rules and shorter time limits, so quick action is essential.

As you can see, establishing liability can be a more complicated undertaking than most accident victims assume. To a lawyer with years of experience representing accident survivors, determining liability is something they are highly skilled in.

Your Attorney Will Determine the Cost of Your T-Bone Collision. Here's What They Might Find.

Crashes cause some of the most severe and expensive injuries seen in motor vehicle accidents. In some cases, the victim's body absorbs direct (or almost direct) contact from the oncoming vehicle, and such serious accidents can cause:

  • Medical costs: The more severe your accident, the more expensive it becomes. Because side-impact collisions tend to be among the most serious vehicle accidents, you should brace for costly medical bills.
  • Lost income and earning capacity: Accident injuries frequently prevent victims from returning to their jobs. Construction workers with back injuries may never lift heavy objects again. Professionals with brain injuries may struggle with concentration and memory problems that limit career advancement. These lost earning capacity damages can exceed millions of dollars over a working lifetime.
  • Pain and suffering: The physical and emotional trauma from crashes can include chronic pain, depression, anxiety, and post-traumatic stress disorder (PTSD). A victim's post-accident life may be entirely unrecognizable in comparison to the joy, physical ability, and freedom from pain they had before the crash.
  • Property damage: While vehicle damage may seem like a minor concern compared to injuries and trauma, accidents often cause total vehicle loss plus damage to personal belongings inside the car. You may also incur numerous out-of-pocket expenses, such as rental cars, transportation to medical appointments, prescription medications, and adaptive equipment for disabilities.

Your vehicle accident lawyer will also consider how egregious the at-fault party's behavior was. If they endangered you in a way that was beyond the pale, you may be entitled to punitive damages.

What Is the Value of Hiring a Accident Lawyer?

It is not a stretch to say that a lawyer's value can be immeasurable to anyone who survives a side collision. First and foremost, your attorney will handle the responsibilities that are pivotal to securing fair compensation, including:

  • Securing and preserving evidence: Experienced attorneys immediately secure vehicles before they're scrapped or repaired, obtain electronic data from airbag control modules and event data recorders, and interview witnesses while their memories are most reliable. They also hire experts to reconstruct the collision or simply testify about it. 
  • Building a specially made legal strategy: Your accident lawyer will understand multiple areas of law, possibly including personal injury, product liability, insurance coverage, and sometimes government liability. Attorneys must evaluate various legal theories, identify all potential defendants, and develop tailored strategies for maximizing recovery from multiple sources—strategies specifically designed for each client.
  • Negotiating with the insurers: Insurance companies deploy teams of experienced lawyers. Unrepresented accident victims face these professionals at a severe disadvantage, as most accident survivors lack the knowledge and resources necessary to achieve fair settlements.
  • Abiding by legal deadlines: accident cases are typically subject to multiple deadlines. Missing a deadline is the most egregious error anyone can make in a legal case, and your lawyer will ensure this mistake does not undercut your case. 

Attorneys also understand when cases should go to trial versus settling out of court.

In addition to these technical services, expect your lawyer to serve you in many intangible ways. From referring you to qualified doctors to helping you determine whether you can return to work, your legal team will be the supportive team every accident victim deserves to have on their side.

One More Way Your Lawyer Will Help: Thwarting Insurers' Bad Faith

Insurance companies often view accident claims as threats to their profitability. These cases frequently involve multiple insurance carriers, complex liability issues, and damages that can exceed policy limits by substantial amounts. The commonality between these claims, though, is that insurance companies are liable to engage in:

  • Victim-blaming: When multiple parties bear responsibility for accident injuries, their insurance companies often spend more time fighting each other than helping injured victims. 
  • Quick settlement offers, meant to coax victims into a binding financial agreement before those victims understand their injuries' full extent (or their right to fight for fair compensation)
  • Demanding recorded statements designed to create contradictions and reduce claim value
  • Hiring surveillance investigators to film victims performing activities that might suggest less severe injuries
  • Using company doctors who understand the directive, which is to minimize the victims' injuries and treatment needs
  • Disputing medical treatment as unnecessary or unrelated to the accident

Time works in insurance companies' favor because injured victims face mounting medical bills and may become desperate enough to accept inadequate settlements. Your personal injury lawyer will provide the relief and assurance you need, and they will work hard to secure a fair settlement that puts an end to the stressful claims process.

Some Frequently Asked Questions About Side Collision Accidents

You are not the first victim to be involved in a collision, and you would not be the first one to wonder:

What happens if both drivers claim the other was at fault?

This creates a disputed liability situation where insurance companies and attorneys must investigate to determine the truth. Evidence like traffic camera footage, witness statements, traffic signal timing records, and accident reconstruction analysis can help establish who actually had the right of way.

Can I still recover damages if I wasn't wearing a seatbelt during the T-bone accident?

In most states, not wearing a seatbelt doesn't completely bar you from recovering damages, but it may reduce your compensation. The key question is whether wearing a seatbelt would have prevented or reduced your specific injuries.

Some injuries in these accidents—like broken ribs from door intrusion—occur regardless of seatbelt use. An experienced auto accident attorney can challenge seatbelt defense claims by showing that your particular injuries would have happened even with proper restraint use.

Who is liable when a commercial vehicle is involved in a Side Collision accident?

Both the commercial vehicle driver and their employer typically face liability under legal principles that make companies responsible for their employees' actions while working. The company may also face direct liability for inadequate driver training, forcing unrealistic delivery schedules, or failing to maintain vehicles properly.

How long do These accident cases typically take to resolve?

Accident cases can take anywhere from several months to several years, depending on injury severity, liability disputes, and insurance company cooperation.


Life Is Harder When You Bear the Cost of an Accident, Hire a Lawyer to Make Your Life Easier

personal injury lawyer in Stevens Point

Your accident case is about more than money—it's about accountability. It's about making sure that other families don't have to go through what you're experiencing. It's also about ensuring your life does not get harder because of someone else's careless, harmful actions.

The time to act is now. There are generally deadlines for filing cases like yours, regardless of where the accident occurred. Contact an experienced personal injury lawyer in Stevens Point today to learn about your rights and options.

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