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 red lights, failing to check blind spots, or failing to yield when turning left. Impaired driving, speeding, and poorly designed intersections can also set the stage for side-impact collisions. 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 lateral impact.
Steps After a Crash
Assessing everyone in the vehicles for injuries and contacting emergency responders is a priority, even if injuries appear minor. A thorough medical evaluation ensures that any delayed symptoms are identified and documented. When law enforcement arrives, it is important to provide a factual account of the crash. The police report will typically include the officer’s observations, driver and witness information, and a preliminary conclusion about any traffic law violations. If circumstances allow, it’s useful to take photographs of the vehicle damage, skid marks, traffic signals, and positions of the vehicles. Gathering witness contact information can also be essential.
Establishing Fault
Legal responsibility in these cases commonly is 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 side-impact collisions, more than one driver may be partly responsible. Under comparative negligence rules in many states, an injured person’s compensation is reduced by their percentage of fault. For instance, if an award is set at a certain amount, but the injured person is found 20% at fault, the final award is reduced by that same percentage. Some states follow a modified comparative negligence system, which prevents recovery if the injured person’s fault reaches a specific threshold, often 50%. A small number of states apply contributory negligence rules, under which any degree of fault can bar recovery entirely.
Recoverable Damages
Damages in a car accident case typically encompass economic and non-economic categories. Economic damages aim to address monetary losses, such as medical expenses, vehicle repair or replacement, and lost wages or earning capacity. Non-economic damages cover intangible harm, including pain and suffering, emotional distress, permanent disfigurement, and diminished enjoyment of life. Some jurisdictions may also allow punitive damages if the at-fault driver’s conduct was grossly negligent or reckless.
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.
