Side Impact Car Accident Guide: Legal Steps to Take
Have you been in a side impact car accident? If so, then you could be entitled to damages as compensation under the law — but knowing what legal steps to take can be complex and frustrating, especially for a first-time plaintiff.
A side impact crash often results in severe injuries (i.e., spinal injuries, internal injuries, and more), making it crucial to understand the personal injury implications and the importance of consulting with a personal injury attorney to navigate medical expenses, legal rights, and compensation claims.
Well, we’re here to help!
Contact 1-800-THE-LAW2 for a free consultation with one of the experienced car accident attorneys in our legal network. Of course, if you’d like to learn more about side impact car accidents, first, then read ahead — we’ve created a short side impact car accident guide to explain some of the basics.
How do I know whether I have a side impact collision legal claim?
You’ll have an actionable legal claim in a side impact accident (otherwise known as a t-bone accident) if you can establish the following elements:
- The defendant engaged in negligence, recklessness, or intentional misconduct; and
- You sustained damages as a result.
Simple, right? The foundational elements for t bone crashes are straightforward, but they’re only simple on the surface. In truth, there are many nuanced personal injury law issues that are contained within these basic claim elements, and they are the source of many conflicts within the overall dispute.
For example, the defendant may argue that you did not actually suffer any damages because your injuries were “preexisting” and not caused by the collision. This basic disagreement could transform into a serious issue over the course of the dispute, and could impact your recovery, especially in side-impact accidents involving more severe injuries (where the importance of legal assistance cannot be overstated)!
What makes T-bone accidents so dangerous?
Side impact car crashes are uniquely dangerous because — despite developments in car safety devices over the years — there is simply less material to absorb the force of an impact. No matter how much they design a consumer vehicle to crumple effectively and minimize the damage caused by a side impact, the truth is that the material thickness is not sufficient to adequately protect occupants (i.e., a driver or passenger) in the event of a collision. The injuries suffered can be devastating. Traditional safety features, such as airbags and seatbelts, are less effective in protecting occupants from severe injuries during side collisions.
If you’re hit by a truck at high speeds (in a side impact car crash), for example, then your door will almost certainly collapse in and your body will sustain a direct impact with the impinging truck. This is likely to cause severe injury, and in some cases, even death. Head injuries resulting from side-impact collisions can range from mild concussions to severe traumatic brain injuries (TBIs), often damaging the brain, skull, and scalp, with potential long-term effects on cognitive and motor functions.
Given the severe consequences of a side impact collision, the damages are often substantial — and it makes effective legal representation that much more critical. Serious injuries from such accidents often lead to catastrophic outcomes due to the limited protection provided in vehicles, emphasizing the importance of understanding the potential consequences and seeking a skilled personal injury lawyer for those affected.
What sort of damages can I claim after a side impact car accident with severe injuries?
After a side impact car accident, you can claim damages for whatever losses you sustained as a result of the defendant’s negligence, recklessness, or intentional misconduct. Claimable losses in a personal injury lawsuit include, but are not limited to:
- Lost wages
- Loss of earning capacity
- Loss of property
- Medical expenses (i.e., medical bills for whatever medical treatment received)
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- And more
Spinal cord injuries from side-impact collisions can lead to severe harm, including paralysis and chronic pain, due to the unnatural twisting or bending of the spine. Traumatic brain injury (TBI) can also occur in such accidents, ranging from mild to severe, and may have long-term effects on cognitive and motor functions, necessitating immediate medical attention.
Damages can vary substantially from case-to-case, as every plaintiff has unique circumstances. For example, if you are unemployed at the time of the car accident, then your lost wages claim is likely to be low (or even zero). If you are gainfully employed at the time of the accident, however, and you have to take several months off to recover from your various injuries, then your lost wages claim is likely to be high.
Who can I sue after a side impact car accident?
After a side impact car accident, you can potentially sue the following parties (depending on the particular circumstances of the case):
- The other driver (i.e., the one who collided with your vehicle)
- Any other drivers whose negligence, recklessness, or intentional misconduct may have contributed to the accident
- Employers of the various drivers responsible for the accident (if the drivers were on the job at the time of the accident)
- Auto repair shops whose failure to adequately inspect or maintain a vehicle thereby contributed to the accident
- Auto manufacturers whose defective parts may have contributed to the accident
- The City, if some dangerous condition of their property contributed to the accident
- Private property owners, if some dangerous condition of their property contributed to the accident
- And more
T-bone accidents, also known as side-impact collisions, often result from traffic violations or reckless driving and can lead to severe injuries. Legal representation is crucial for victims to address the implications and seek justice.
That’s a lot of potential defendants! Given the possibilities, it’s important to consult an experienced car accident lawyer who understands how to “work up” a case and identify (and sue) the relevant parties.
If I’m partially at-fault for the side impact car accident, can I still sue for compensation?
If you’re partially at-fault for the accident, then your ability to sue for compensation could be impacted — however, the degree to which your recovery could be impacted depends on the state law that applies to the dispute.
In many states, the doctrine of pure comparative fault applies. Per this doctrine, you are entitled to sue and recover damages even if you are 99 percent at-fault. That being said, your compensation will be reduced by the percentage fault that you contributed. So, for example, if you have damages totaling $100,000, but you are 70 percent at-fault, then you’d be entitled to recover $30,000 maximum. Side-impact crashes, while dangerous, often result in fewer fatalities than head-on collisions, emphasizing the protective features found in vehicles designed for frontal impacts.
In some states, the doctrine of modified comparative fault applies. It works the same way as pure comparative fault, with one crucial difference — you are not entitled to sue for damages if you are 51 percent (or more) at-fault. Any less, and you’re entitled to recover damages (albeit reduced by your percentage contribution of fault).
In a small minority of states, the doctrine of strict contributory fault applies. Per this doctrine, you are not entitled to sue and recover damages even if you are just one percent at-fault. This can be quite restrictive, but there may still be ways around this limitation. For example, if your car accident lawyer can show that your failure to wear a seatbelt did not actually affect you in the accident, then you could potentially recover damages and circumvent the restriction.
What happens if someone hits my car and drives off?
This is known as a “hit and run” and you could still be entitled to sue and recover damages in a lawsuit. That being said, the main challenge in a hit-and-run lawsuit is actually identifying the defendant-driver who fled the scene.
You can do so by working with an experienced car accident lawyer who can talk to the City, landowners, business owners, eyewitnesses, and other stakeholders who might have access to video footage or photo evidence that reveals the identity of the hit-and-run driver. Alternatively, the lawyer will secure the assistance of an investigator who may be able to reconstruct the accident scene, and thereby identify the fleeing driver.
If you simply cannot identify the defendant-driver, you may still have options for a partial recovery by suing other responsible defendants. For example, if the City improperly maintained traffic lights, which caused them to fail (and thus contributed to the intersection side impact collision that injured you), then you could potentially sue the City for damages, and at least recover partially.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a side impact car accident, then you could be entitled to sue for compensation under the law — but navigating the legal dispute process isn’t always straightforward or simple. That’s why it’s important to consult with an experienced car accident attorney for guidance. They’ll be able to help you understand whether you have an actionable claim, and how best to proceed with your claims so that you can secure the maximum possible compensation.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified local car accident attorney in our network. During this initial consultation, you’ll have the opportunity to discuss the details of your case and learn more about what your next steps should be. If you decide against moving forward with the dispute (or with our network attorney), that’s ok — there’s no obligation for you to continue. So pick up the phone and call us today to get started.
We look forward to assisting you.
