Fault in Texas intersection car accidents typically falls on the driver who violated traffic laws or failed to yield the right of way.
The driver who runs a red light, makes an illegal left turn into oncoming traffic, or fails to stop at a stop sign is usually found responsible for the resulting crash. Texas uses an at-fault insurance system, which means the negligent driver’s insurance company must pay for the damages they cause.
Determining fault requires examining evidence like police reports, traffic citations, witness statements, and intersection camera footage. Sometimes, both drivers share responsibility under Texas’s comparative fault rules, which allow you to recover damages as long as you’re 50% or less at fault.
Insurance companies will investigate thoroughly and often try to shift blame to reduce their payouts, making it crucial to understand how fault determination works and what evidence protects your claim.
Why Are Texas Intersections So Dangerous?
Intersections are where multiple streams of traffic cross paths. This forces drivers to make split-second decisions while monitoring traffic from all directions. These locations create natural conflict points where vehicles moving in different directions must share the same space.
The danger comes from several factors that make intersections unpredictable. You have vehicles stopping, starting, turning, and accelerating at different speeds all within a small area.
Buildings, parked cars, and signs can block your view of oncoming traffic. Multi-lane intersections require drivers to change lanes or merge while navigating turns.
Driver behavior problems get worse at intersections, too. People get impatient waiting for the lights to change. They get distracted trying to figure out which lane to be in. Some drivers rush to beat yellow lights or roll through stop signs when they think nobody is watching.
Weather makes intersection crashes even more likely. Rain and ice make it harder to stop quickly when a light changes. Fog and heavy rain reduce visibility when you need to see other vehicles most clearly.
What Types of Intersection Car Accidents Happen in Texas?
Intersection car accidents take several common forms, each with different causes and injury patterns. Understanding what type of crash you were in helps determine who was at fault and what evidence matters most.
Left-Turn Collisions
A left-turn collision happens when a driver making a left turn crosses into the path of an oncoming vehicle. The turning driver usually misjudges how fast the other car is traveling or how much time they have to complete the turn. These crashes often result in serious T-bone impacts because the turning vehicle exposes its side to the oncoming traffic.
Left-turning drivers must yield to oncoming traffic unless they have a protected green arrow. Even with a green light, you can’t turn left if oncoming vehicles are too close to stop safely.
Red-Light and Stop-Sign Violations
These accidents happen when drivers fail to stop for red lights or stop signs. The violating driver typically strikes another vehicle that has the legal right of way. These crashes often involve high speeds because the violating driver doesn’t slow down before impact.
Red-light runners cause some of the most serious intersection accidents because they often hit the sides of other vehicles at full speed. Stop-sign violations usually happen at lower speeds but can still cause significant injuries.
T-Bone and Angle Impacts
T-bone accidents occur when the front of one vehicle strikes the side of another vehicle. These are also called broadside or side-impact collisions. The name comes from the T-shape formed by the two vehicles after impact.
T-bone crashes are particularly dangerous because the sides of vehicles offer much less protection than the front or rear. Passengers on the struck side face the highest risk of serious injuries because there’s less metal and safety equipment between them and the impact.
Rear-End Crashes in Queue
These accidents happen when vehicles are stopped at red lights or waiting to turn and are struck from behind. The striking driver is usually distracted, follows too closely, or fails to pay attention to traffic ahead.
Rear-end crashes at intersections can trigger chain reactions, with multiple vehicles colliding. Even at lower speeds, these crashes can cause whiplash and other neck injuries.
Pedestrian and Cyclist Impacts
Pedestrians and cyclists face extreme danger at intersections where they cross paths with turning vehicles. Drivers making right- or left-hand turns often focus on oncoming traffic and fail to check crosswalks for pedestrians or bicyclists.
These accidents are especially tragic because pedestrians and cyclists have no protection against a vehicle’s weight and speed. Even low-speed impacts can cause fatal injuries.
Who Is at Fault in a Texas Intersection Crash?
The driver who violates traffic laws or fails to yield the right of way is typically at fault for an intersection crash. Texas uses an at-fault system, which means the negligent driver’s insurance company must pay for the damages they cause.
Fault determination follows predictable patterns in most intersection accidents:
- Red-light runners: The driver who enters an intersection against a red light is almost always at fault.
- Left-turn violations: Drivers making left turns are usually liable when they collide with oncoming traffic.
- Right-of-way failures: The driver who should have yielded but didn’t bears responsibility.
- Rear-end collisions: The following driver is presumed at fault for failing to maintain a safe distance.
Police officers often issue citations to the driver they believe caused the crash. While these tickets provide strong evidence of fault, they don’t automatically determine liability in your civil claim. Insurance companies and juries can still examine all the evidence to make their own fault determinations.
Sometimes, both drivers share responsibility for a crash. Texas law allows you to recover damages as long as you’re 50% or less at fault, but your compensation is reduced by your percentage of responsibility.
How Do Right-of-Way Rules Apply at Intersections?
Right of way is the legal right to proceed first when multiple vehicles approach an intersection. These rules, found in the Texas Transportation Code, create predictable traffic patterns that prevent crashes when everyone follows them.
The basic right-of-way rules include:
- Four-way stops: The first vehicle to arrive proceeds first. If vehicles arrive simultaneously, the driver on the right goes first.
- Left turns: Drivers turning left must yield to all oncoming traffic unless they have a protected green arrow.
- Pedestrians: All vehicles must yield to pedestrians in crosswalks.
- Emergency vehicles: Everyone must yield to emergency vehicles with active sirens and lights.
When drivers violate these rules, they’re usually found at fault for any resulting crash. Insurance companies look closely at who had the right of way because it’s often the clearest indicator of negligence.
Understanding these rules helps you explain what happened in your accident and why the other driver was wrong. It also helps you avoid making statements that could hurt your claim.
Can Both Drivers Share Fault in Texas?
Yes, Texas uses a legal rule called proportionate responsibility that allows multiple people to share fault for an accident. This means you can still recover damages even if you contributed to the crash under Texas’ modified comparative negligence laws, as long as you’re not mostly to blame.
Here’s how it works: You can recover compensation if you’re 50% or less at fault. If you’re 51% or more at fault, you get nothing. When you can recover, your total compensation gets reduced by your percentage of fault.
For example, if you have $100,000 in damages but you’re found 30% at fault, you can recover $70,000. If you’re found to be 60% at fault, you recover nothing.
Insurance companies know this rule well and will try to assign you a higher percentage of fault to reduce what they have to pay. If you’re being blamed for a car accident that wasn’t your fault in Texas, they might argue you were speeding, distracted, or could have done something differently to avoid the crash.
That’s why I handle all communications with insurance companies for my clients. Adjusters are trained to ask questions that can make you sound partially responsible, even when the other driver clearly caused the accident.
What Evidence Proves Fault After an Intersection Crash?
Strong evidence makes the difference between a successful claim and a denial. Insurance companies won’t simply take your word for what happened. They want evidence in Texas car accident claims that clearly shows who was at fault.
Police Reports and Citations
The official crash report contains the investigating officer’s observations, measurements, and diagrams of the accident scene. Officers also note any traffic violations they observe or that witnesses report.
A citation for running a red light or failing to yield provides powerful evidence of fault. While tickets don’t automatically determine liability in civil cases, they carry significant weight with insurance adjusters and juries.
Traffic Signal and Timing Data
Many modern intersections have computer systems that record when traffic lights change from green to yellow to red. This data can prove scientifically which driver had the right of way at the moment of impact.
Some intersections also have cameras that photograph vehicles entering on red lights. These images provide clear evidence of traffic violations.
Witness Statements and Video
Independent witnesses who saw the crash can provide unbiased accounts of what happened. Their statements carry more weight than what you or the other driver claims because they have no stake in the outcome.
Video evidence from dashboard, security, or cell phone cameras can definitively resolve disputes about fault. Even a few seconds of footage can show which driver had the green light or who failed to stop.
Vehicle Black Box and Phone Records
Most modern vehicles have Event Data Recorders that capture information about speed, braking, and steering in the moments before a crash. This “black box” data can prove whether a driver was speeding or tried to stop before impact.
Cell phone records can show whether a driver was texting or talking on the phone at the time of the accident. Distracted driving is a major factor in intersection accidents.
Scene Photos and Physical Evidence
Photographs of vehicle damage, skid marks, and debris patterns help accident reconstruction experts determine how the crash occurred. The location and severity of damage can show which vehicle struck the other and from what angle.
Skid marks reveal whether drivers tried to stop and how fast they were traveling. Debris fields show the point of impact and the direction vehicles traveled after the collision.
Who Else Can Be Liable Besides the Other Driver?
Sometimes parties who weren’t even at the scene can be held responsible for intersection accidents. Identifying all potentially liable parties is crucial because it can increase your sources of compensation.
City or County for Signal or Sign Malfunctions
Government entities that maintain intersections can be liable when malfunctioning equipment causes crashes. This includes broken traffic lights, missing stop signs, or dangerous intersection designs that create unnecessary hazards.
Claims against government entities in Texas are subject to special requirements under the Texas Tort Claims Act. You must provide formal notice within six months and follow specific procedures that do not apply to claims against private parties.
Commercial Employers in Company Vehicles
When an employee causes an accident while working, their employer can be held responsible under “vicarious liability” rules. This applies to delivery drivers, truckers, and anyone driving a company vehicle for business purposes. If you’ve been injured by a commercial truck driver, a Lubbock truck accident lawyer can help establish employer liability.
Employers may also face direct liability if they negligently hired a driver with a bad driving record or failed to properly maintain their vehicles. Companies often have larger insurance policies than individual drivers.
Vehicle or Part Manufacturers
Mechanical failures, such as brake malfunctions or tire blowouts, can cause drivers to lose control and crash at intersections. When defective parts cause accidents, the manufacturers can be held liable under product liability laws.
These cases require proving that the part was defective and that the defect caused the accident. Expert testimony from engineers and mechanics is usually necessary to establish this connection.
What Injuries Are Common in Intersection Accidents?
Intersection accidents often cause severe injuries because they frequently involve T-bone collisions where vehicles strike each other at high speeds. The sides of cars provide much less protection than the front or rear.
Traumatic Brain and Head Injuries
Traumatic brain injury occurs when your brain strikes the inside of your skull due to sudden impact or acceleration. Symptoms may not appear immediately, making it important to seek medical attention even if you feel fine after the accident.
Brain injuries can cause lasting problems with memory, concentration, and personality changes. Even “mild” concussions can have serious long-term effects on your ability to work and enjoy life. As a Lubbock car accident lawyer, I can help document these ongoing impacts for your claim.
Spine and Orthopedic Injuries
The sudden forces in intersection accidents commonly cause herniated discs, fractured vertebrae, and torn ligaments. These injuries can lead to chronic pain and permanent disability that affects every aspect of your daily life.
Broken bones in the arms, legs, ribs, and pelvis are also common in side-impact crashes. Multiple fractures often require surgery and months of rehabilitation.
Internal Organ and Chest Trauma
T-bone impacts can cause internal bleeding, punctured lungs, and damage to organs like the liver and spleen. These injuries are medical emergencies that require immediate surgery and can be life-threatening.
Chest injuries from steering wheels or door frames can cause broken ribs and damage to the heart and lungs. Even with seatbelts, the forces in intersection accidents can overwhelm your body’s ability to absorb impact.
What Compensation Can You Recover in Texas?
Texas law allows accident victims to recover both economic and non-economic damages. I fight to ensure my clients receive full compensation that covers not just their current expenses but also their future needs.
Medical Bills and Future Care
You can recover all costs for medical treatment related to your injuries. This includes emergency room visits, surgeries, hospital stays, medications, physical therapy, and medical equipment like wheelchairs or braces.
Future medical expenses are also recoverable when your injuries require ongoing treatment. Medical experts help calculate these costs based on your specific injuries and treatment needs.
Lost Income and Earning Capacity
Lost wages cover the time you’ve already missed from work due to your injuries. This includes not just your regular salary but also overtime, bonuses, and benefits you would have received.
Lost earning capacity compensates you for reduced ability to earn money in the future. If your injuries prevent you from returning to your previous job or limit the type of work you can do, you can recover the difference in lifetime earnings.
Pain, Suffering, and Mental Anguish
These non-economic damages compensate you for the physical pain and emotional trauma you’ve experienced. There’s no formula for calculating these damages, but they often represent a significant portion of your total recovery.
Pain and suffering include not just physical discomfort but also depression, anxiety, loss of enjoyment of life, and the impact on your relationships with family and friends.
Property Damage and Replacement
You’re entitled to compensation for vehicle repairs or replacement if your car was totaled. This also covers damage to personal property that was in your vehicle during the crash.
Rental car expenses while your vehicle is being repaired are also recoverable. If you need to rent a car for an extended period, these costs can add up quickly.
What Should You Do After an Intersection Crash?
Your actions immediately after an accident can significantly impact your health and your ability to recover fair compensation. Here’s what you should do to protect yourself and your claim.
At the scene:
- Call 911 even if injuries seem minor.
- Move to safety if possible, but don’t leave the scene.
- Exchange information with other drivers.
- Take photos of vehicle damage, the intersection, and any visible injuries.
- Get contact information from witnesses.
- Don’t admit fault or discuss who caused the accident.
In the days after:
- Seek medical attention promptly, even for minor pain. What seems like a small issue now could develop into serious injuries, which is why many people need a lawyer for a minor car accident in Texas.
- Follow all treatment recommendations from your doctors.
- Keep detailed records of all expenses and missed work.
- Report the accident to your insurance company, but stick to basic facts.
- Don’t give recorded statements to other insurance companies.
- Contact Perrin Law PLLC Injury & Accident Lawyer before accepting any settlement offers.
Never say “I’m sorry” after an accident, even if you’re just being polite. Insurance companies can twist these statements into admissions of fault that hurt your claim.
How Long Do You Have to File an Intersection Accident Claim in Texas?
Under the Texas statute of limitations for car accident claims, you have two years from the date of your accident to file a personal injury lawsuit. This deadline is called the statute of limitations, and it’s absolute. If you miss it, you lose your right to compensation forever.
The two-year clock starts ticking on the day you were injured, not when you discover the full extent of your damages. Some exceptions exist for minors and certain types of injuries, but these are rare.
Claims against government entities have much shorter deadlines. You must provide formal notice within six months of the accident, and the procedures are more complex than those for claims against private parties.
Don’t wait until the last minute to take action. Building a strong case takes months of investigation and preparation. Evidence disappears, witnesses forget details, and your medical records become harder to obtain as time passes.
Insurance companies also know about these deadlines and may delay negotiations, hoping you’ll accept a low settlement rather than risk losing everything. I recommend contacting an attorney within weeks of your accident, not months.
Experienced Car Accident Law Firm in Lubbock, Texas
If you’ve been hurt in an intersection accident, you’re probably dealing with pain, medical bills, and pressure from insurance companies. You don’t have to handle this alone.
I’m James Perrin, and I’ve spent over 20 years fighting for accident victims across Texas. I provide personal attention to every client and prepare every case as if it will go to trial. This approach ensures insurance companies take your claim seriously and offer fair settlements.
You pay nothing unless I win your case. My contingency fee structure means I only succeed when you succeed. I handle all communications with insurance companies so you can focus on recovering from your injuries.
Contact me today for a free consultation to discuss your intersection accident and learn how I can help you secure the justice and compensation you deserve.
Frequently Asked Questions
Can I Recover Compensation if I Was Partly at Fault for the Intersection Accident?
Yes, you can still recover damages in Texas as long as you’re found to be 50% or less at fault for the accident. Your compensation will be reduced by your percentage of fault, but you won’t be completely barred from recovery.
Does a Traffic Citation Automatically Determine Fault in My Civil Case?
No, a traffic ticket is strong evidence of fault but doesn’t automatically determine liability in your personal injury claim. Insurance companies and juries can examine all evidence to make their own fault determinations.
What if the Other Driver Had No Insurance Coverage?
If the at-fault driver is uninsured, you can typically file a claim with your own insurance company under your Uninsured/Underinsured Motorist coverage. You may also be able to pursue the driver’s personal assets.
How Do I Prove the Traffic Light Was Green When I Entered the Intersection?
We can obtain traffic signal timing data, witness statements, surveillance footage, and vehicle black box information to establish which driver had the right of way when the accident occurred.
What Happens if the Traffic Signal Was Malfunctioning During My Accident?
Malfunctioning traffic signals may create liability for the government entity responsible for maintaining the intersection. Drivers must treat malfunctioning signals as four-way stops and proceed with extreme caution.