Side-Impact Collisions & Related Lawsuits
A side-impact collision, frequently called a T-bone collision, occurs when the front of one vehicle strikes the side of another. These crashes are most common at intersections and in parking lots, areas where the paths of multiple vehicles overlap. They involve a specific kind of impact that often causes significant vehicle damage and can result in severe injuries.
Common Causes and Contributing Factors
These collisions can be caused by multiple factors, including:
- Distracted driving
- Running a red light
- Failing to check a blind spot
- Failing to yield when turning left
- Drunk driving
- Speeding
- Poorly designed intersections
Environmental elements, such as inclement weather or obstructed visibility, may further contribute to the likelihood of these accidents.
Severity of Side-Impact Collisions
Cars generally have fewer protective structures on their sides compared to the front or rear. While many are designed with reinforced door frames and side-curtain airbags, the lack of a substantial crumple zone places occupants at increased risk. Injuries often include traumatic brain injuries, neck and spinal cord injuries, fractures, internal bleeding, and whiplash. Modern safety devices can reduce some of these effects but cannot eliminate the inherent vulnerability of a lateral impact.
Steps to Take Immediately After a Crash
If you are involved in a side-impact collision, follow these critical steps:
- Prioritize Safety: First, assess your passengers and you for injuries. If anyone is hurt, or if you are unsure, call 911 immediately to request both police and medical responders.
- Gather Information: Collect contact and insurance information from the other driver(s). If there are any independent witnesses, ask for their names and phone numbers, since their testimony can be invaluable.
- Document the Scene: If it is safe to do so, use your phone to take pictures and videos of everything, including:
- Damage to all vehicles involved
- The final positions of the cars
- Skid marks on the road
- Relevant traffic signs and signals
- The surrounding intersection or area
- Speak to Law Enforcement: When the police arrive, provide a clear and factual account of what happened. Do not guess, speculate, or apologize. Simply state the facts as you know them. Be sure to get the police report number.
- Seek Medical Evaluation: Always get a thorough medical evaluation as soon as possible, even if you feel fine. Some serious injuries have delayed symptoms, and this creates an official record of your physical condition after the crash.
Establishing Fault
Legal responsibility in these cases is commonly based on the theory of negligence, which requires proving four elements. The first is the existence of a duty of care, meaning a general legal obligation to operate a vehicle in a manner that is safe and responsible. A breach of that duty occurs when a driver fails to meet this standard, such as by running a red light. The third element, causation, links this breach to the accident and any resulting injuries. The final element is damages, which are the measurable losses sustained by the injured person.
Shared Fault for a Crash
In some cases, both drivers may share responsibility for the accident. How this is handled depends on state law, and it can dramatically affect your ability to recover damages.
- Comparative Negligence: You can still recover damages if you were partially at fault, but your compensation is reduced by your percentage of fault. For example, if you are awarded $100,000 for your injuries but are found to be 20% at fault, your recovery would be reduced by 20%, leaving you with $80,000.
- Modified Comparative Negligence: Many states use this variation. It's similar to the above, but with a critical limit: you cannot recover any damages if your share of the fault meets or exceeds a certain threshold, which is often 50% or 51%.
- Contributory Negligence: A few states follow this extremely strict rule. If you are found to be even 1% at fault for the accident, you may be completely barred from recovering any compensation.
Recoverable Damages After a Side-Impact Collision
Damages for side-impact collisions are typically grouped into the following categories:
- Economic Damages: These are for tangible financial losses that can be calculated and proven with receipts, bills, and statements. They often include:
- Medical expenses (past and future)
- Lost wages
- Loss of future earning capacity
- Vehicle repair or replacement costs
- Non-Economic Damages: These compensate for the intangible and subjective harms you have suffered. They often include:
- Pain and suffering
- Emotional distress
- Permanent disfigurement or scarring
- Diminished enjoyment of life
When the at-fault driver's conduct was grossly negligent or reckless (such as in a severe drunk driving case), a court may award punitive damages. These are not meant to compensate the victim, but rather to punish the wrongdoer and deter similar conduct in the future.
Insurance Considerations
Accidents of this nature often involve negotiations with insurance companies. In fault-based states, the at-fault party’s liability coverage is usually the primary source of compensation. In no-fault states, injured individuals may first rely on personal injury protection coverage for their medical bills, and limitations may apply to whether a lawsuit can be filed. Additional layers of coverage can come into play if the driver responsible lacks sufficient insurance, in which case uninsured or underinsured motorist coverage may provide compensation. If commercial or rideshare vehicles are involved, more complex coverage issues often arise, and there may be higher liability limits.
Wrongful Death Claims
If a side-impact collision results in a fatality, the legal claim typically shifts from personal injury to wrongful death. Surviving family members may receive compensation for the loss of financial support the deceased would have provided, as well as the loss of their companionship and guidance.
