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T-bone Accident Fault

by | Jun 8, 2017 | T-bone Accident |

A T-bone accident fault often causes devastating damage and injuries. Proving fault or responsibility can be complicated depending on the facts. It is a question of right of way or failure to yield, however, Wisconsin is a comparative negligence state and the other insurance company will try to throw some shade or blame on the other driver in any T bone collision or intersection accident.

Right of way at through highway intersection states that the driver of a vehicle shall stop before entering a through highway and shall yield the right of way to other vehicles, which have entered or are approaching the intersection upon the through highway. The statutes define “right of way” as the privilege of the immediate use of the roadway. An automobile on a through highway is approaching an intersection when it is so close to the intersection that, considering the rate of speed at which it is traveling, it would be reasonable to assume that a collision would occur if the automobile which stopped, as required, before entry onto the through highway moves onto the highway and into the path of the oncoming vehicle. If the oncoming automobile on the through highway had entered the intersection, or was approaching it as defined, it then became the duty of the driver entering the through highway to yield the right of way to the automobile on the through highway.

At intersections which do not involve a through highway, when two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.  The statute does not make the right of way on the part of the vehicle on the right depend on whether it reaches or begins to enter the intersection first. The phrase “approach or enter an intersection at approximately the same time” means the approach or entry of two vehicles toward or into the intersection so nearly at the same time that there is imminent danger of a collision if both vehicles continue their same courses at their same speeds. If automobiles in question approached or entered the intersection at approximately the same time, then it became the duty of the driver on the left to yield the right of way to the automobile on the right.  This duty compelled that driver either to stop the automobile, if necessary, or to control and manage it so that he or she could yield the right of way to the vehicle within the zone of danger on the right and avoid colliding with it.

McCormick Law Office in Milwaukee, Wisconsin is experienced in T-bone accident fault legal representation.

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