Q: Who is at fault in a T-bone accident when one car blocks both lanes?
My sister was involved in a car accident where she T-boned a vehicle that was stationed sideways, blocking both lanes on a long road. Despite having the right of way, the police mentioned that she had enough time to stop but miscalculated the distance because the other vehicle was turned sideways. She was taken to the hospital, and a police report was made, but we haven't received a copy yet. I had to file the insurance claim as it was my vehicle involved. We don't have information about the other party. Who would likely be at fault in this situation, and how should we proceed with the insurance claim and obtaining the police report?
A: So the police do not determine who is at fault for an accident. The police report is not admissible as evidence of who was negligent. Your sister should retain an attorney here in Florida on contingency fee, which means she pays nothing unless she wins.
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A:
That sounds like a scary and frustrating situation, especially when your sister had the right of way and was injured. In Florida, fault in a T-bone accident depends on who acted negligently, and in this case, the fact that the other car was blocking both lanes could work in your sister's favor. If that vehicle was stopped or disabled without proper warning, and your sister had little time to react, the other driver may be found partially or fully at fault.
However, if the police believe your sister had time to stop and failed to do so safely, they might assign some level of comparative fault. Florida follows a modified comparative negligence rule, which means each party’s responsibility is weighed, and damages can be reduced based on their percentage of fault. It’s important to get the police report as soon as possible, since it will contain the officer’s observations and any citations issued. You can request a copy through the local law enforcement agency or the Florida Crash Portal online.
To move forward, stay in close contact with your insurance provider, provide all medical records and documentation, and let them know you're waiting on the official report. If the other party fled or wasn't cooperative, let the insurer know that as well. Your sister’s safety comes first, and the more detailed your records are, the better chance you have of resolving the claim fairly.
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