Car accidents occur between 16,000 and 17,000 times a day all across the US. In the aftermath of a side-impact collision, one question decides almost everything: who had the right of way?
Ohio and Northern Kentucky see a fair number of T‑bone car accidents; they can happen at red lights, four-way stops, and left-turn intersections. They almost always involve a driver who failed to yield, ran a light, or ignored a stop sign.
But who was at fault? While each accident is a little different, commonalities among both drivers may tell a different story, with different interpretations of traffic laws. Law enforcement officers will note damage to the front of one vehicle and the side of the other, but this alone may not indicate who is at fault.
In this blog, we’ll walk through four common T‑bone scenarios and explain how right-of-way rules in Ohio and Northern Kentucky typically apply in each one. You’ll see why the driver “who hit whom” is not always the one at fault, how comparative negligence can still reduce your recovery even if the other driver clearly broke the law, and what kinds of proof actually matter when an adjuster or jury analyzes liability.
If you were T‑boned at an intersection in Ohio or Northern Kentucky, or the other driver is falsely claiming you caused the crash, contact RKPT today for a free consultation. Our experienced car accident attorneys will review your case, protect your rights, and fight for the compensation you deserve.
T‑Bone Accidents: Explaining Four Common Scenarios
1Driver Runs a Red Light or Stop Sign
If a driver enters an intersection against a red light and strikes (or is struck by) a vehicle that had a green light or the right to proceed, the driver who ignored the traffic control is usually at fault. This is called “failure to yield,” and according to the National Safety Council, it is cited in roughly 7-8% of fatal crashes nationwide.
Who had the right of way?
In these crashes, the driver with the green light or without a stop sign generally has the right of way. The driver who ran the red light or stop sign typically violated a clear rule of the road and is considered negligent.
2Unprotected Left Turn at a Green Light
One of the most common T‑bone crash scenarios is an unprotected left turn. A driver sitting at the intersection or at the stop line with a circular green signal tries to turn left, only to hit another vehicle driving straight. If the left-turning driver misjudges distance or speed and turns anyway, they are usually found primarily at fault for failing to yield. If the oncoming driver is excessively speeding or runs a red light, this can shift liability.
Who had the right of way?
In this situation, the driver going straight normally has the right of way. The left-turning driver must wait until the path is clear and yield to all oncoming traffic.
About 1 in 5 accidents involve left turns.
Source: NHTSA
3Four-Way Stop Intersections
At four-way stops, the rules are fairly straightforward: the first vehicle to come to a complete stop has the right of way to go first. If vehicles arrive at the same time, the driver on the right generally has the right of way. A T‑bone collision at a four-way stop almost always means someone failed to stop or did not wait their turn.
Who had the right of way?
A driver who rolls through a stop or proceeds out of turn can be considered at fault when a T‑bone crash happens.
Intersections controlled by stop signs account for more than 40% of fatal intersection crashes.
Source: Federal Highway Administration, citing Insurance Institute for Highway Safety data
4Two-Way Stop Intersections and Side Streets
At a two-way stop, only traffic on the side road has stop signs; traffic on the main road usually does not stop. In these situations, drivers on the main road typically have the right of way.
Drivers on the side street must stop and yield until it is safe to enter or cross the main road.
If a side-street driver pulls out into the path of a vehicle with the right of way and causes a T‑bone crash, they are usually found at fault for failing to yield.
Who is at fault?
In these unique scenarios, both drivers may share fault. Even if one driver clearly violates a right-of-way rule, the other driver may share some responsibility if their behavior contributed to the crash. In many states, insurance companies and courts assign each driver a percentage of fault. Your compensation can then be reduced by your share of responsibility.
How Do You Prove Who Had the Right of Way?
Right-of-way disputes are common after a T‑bone crash. Each driver may insist they had the green light or stopped first. In such cases, evidence becomes crucial to prove your case. This can include:
Traffic signal data and timing (to show which direction had green, red, or turn arrows)
Intersection video from traffic cameras, businesses, or dash cams
Eyewitness statements from other drivers, pedestrians, or nearby employees
Skid marks and vehicle resting positions, which help accident reconstruction experts determine speed, direction, and point of impact
Photos of traffic signs, pavement markings, and visibility issues (like obstructed signs or poor lighting)
Vehicle “black box” or event data recorder information, which can show speed, braking, and turn signal use right before impact
Read More from RKPT
“Can I still collect compensation if I was partially at fault?”
Yes. In both Ohio and Kentucky, you are permitted to collect compensation for your injuries, lost wages, and other expenses, even if you are found to be partially responsible. However, the extent to which you are entitled to compensation varies by state:
Ohio
Modified comparative negligence (51% bar)
In Ohio, you can still recover compensation even if you were partially at fault, as long as you are not more than 50% responsible for the crash. Ohio follows a modified comparative negligence or “51% bar” rule, which means your financial recovery is reduced by your percentage of fault, for example, if you are found 30% at fault, your damages are reduced by 30%, but if you are 51% or more at fault, you are barred from any recovery.
Kentucky
Pure comparative negligence
Kentucky also uses a comparative negligence system, but it is a pure comparative negligence state. This means you can technically seek compensation even if you were mostly at fault; your recovery is simply reduced by your share of responsibility. For example, if you are found 70% at fault in a Northern Kentucky car crash, you could still pursue 30% of your total damages from the other at-fault party, although insurance companies will often fight aggressively to push as much blame onto you as possible to minimize what they have to pay.
If you have been involved in an accident for which you may bear some responsibility, an experienced car accident lawyer can help make a case that maximizes your compensation. We will gather and analyze all evidence to show which driver had the legal right of way, who failed to yield, and any mitigating circumstances with respect to your culpability. Call RKPT today for a free case consultation.
What to Do After a T‑Bone Intersection Crash
If you are involved in a T‑bone collision at an intersection, follow these simple rules to preserve your case and expedite your recovery:
Call 911 and get medical care, even if you think you are only “sore.” Many injuries present days or even weeks after impact.
Call the police and ask for an officer to document the scene. You are entitled to a copy of the police report, which will be used as evidence in your case.
Take photos of the vehicles, intersection, traffic lights, or signs, and any skid marks. You may be asked to submit this media by both your insurance company and your attorney.
Get names and contact information for witnesses! Witness testimony can often make or break T‑bone accident cases.
Avoid arguing fault at the scene or apologizing. Never admit fault or speculate about why the accident happened, even to the law enforcement officers.
Report the crash to your insurance company as soon as you can, giving only the facts about the case. Do not speculate about, or admit, liability.
Speak with a personal injury attorney before giving detailed statements to any insurance adjuster. You have a right to protect your legal case, and that starts with retaining an attorney who can advocate for you. Call RKPT at (513) 721-3330 for a free case consultation.
For a fuller checklist, see our guide: What To Do After A Car Accident.
T‑Boned at an Intersection? Talk to RKPT.
Prompt legal guidance can help protect your rights, preserve crucial evidence, and improve your chances of recovering compensation for your medical bills, lost income, and pain and suffering.
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