If you’ve been involved in a side-impact accident, you may be entitled to financial compensation for economic and non-economic damages. Side-impact collisions can have considerable repercussions for your physical and mental health, making monetary protection a critical aspect of life after an accident. This blog discusses your rights and compensation options after a side-impact accident.
What Is a Side-Impact Accident?
Side-impact accidents, also known as broadside or T-bone collisions, involve one vehicle hitting another from the side. Side-impact collisions typically occur in intersections and are often the result of negligent or reckless driving. These collisions can cause significant harm to the drivers and their passengers.
Due to the minimal material protecting vehicle occupants on the sides of a car, there is little to protect them from a 90-degree angle impact. Airbags typically protect occupants from headlong collisions and reduce the effects of rear-end collisions, especially when the car has a large trunk.
Side-impact collisions are commonly caused by negligent driving or reckless driving behaviors such as distracted driving, driving under the influence of drugs or alcohol, and failure to yield. Drivers who try to skip red lights or take chances at four-way stops are more likely to cause side-impact accidents.
What Are My Rights After a Side-Impact Accident?
Side-impact accidents often result in head, neck, and spinal injuries that can have permanent effects, making it vital to seek compensation. To do this, you must follow specific protocols to minimize challenges during legal proceedings. After being involved in a T-bone collision, you must contact law enforcement and report the accident immediately. A police report is essential evidence you will need later.
Once the police have been called and you’ve ensured your safety and that of your passengers, you can exchange insurance and contact information with the other driver. Whether you’re partially or completely at fault, it’s important to avoid discussing liability at the scene, as anything said can be used later as an admission of guilt.
Stick to the crucial details, do not argue, and focus on collecting your own evidence. You can start by taking photos of all vehicles involved, the accident scene, and your injuries. Maintain records of all medical expenses, prescriptions, treatments, lost wages, repair quotes, physical therapy, psychological counseling, etc. You should also keep track of your injuries, the pain you experience, mental anguish, and your recovery process.
Who Is Responsible?
Depending on the circumstances, there are several potentially liable parties. For example, you may file a claim against the other driver involved. However, if you were involved in a collision due to a third party’s actions, you and the other driver may file a claim against that person. If the driver who caused the accident was working, you may be able to claim against their employer, particularly if a company vehicle is involved.
If the manufacturer or mechanic’s negligence led to the accident, they may be held responsible and sued for compensation. Additionally, the relevant governing body may be liable if the accident is caused by improperly maintained infrastructure or poorly designed roads. Thorough evidence and records are essential to properly determine liability in side-impact accidents.
What if I am Partially Responsible?
If you have in some way contributed to the accident, it may affect your ability to seek compensation. Depending on the laws in your state it can also determine how much compensation you’re entitled to. In California, the rule of pure comparative negligence applies, meaning fault for an accident is divided between the parties involved.
Both drivers can be partially responsible in side-impact collision cases, even if only one party is seriously injured. Californian law allows the plaintiff to receive compensation even if they are 99% responsible for the accident. Your percentage of fault will be subtracted from the total compensation amount, which means that if you are largely responsible for the accident, your compensation will be significantly reduced.
What Compensation Can I Recover?
Countless potential damages can result from a side-impact accident, meaning substantial compensation may be recovered. Depending on your specific situation, you may even be awarded punitive damages intended to punish particularly egregious actions and deter similar behavior in the future. Some of the most common losses claimed after an accident include:
- Lost wages
- Personal property damage
- Medical expenses
- Loss of enjoyment of life
- Pain and suffering
- Lost future earnings
Do I Need An Attorney?
While you are not legally obligated to hire a San Diego car accident attorney, it can be beneficial. United States laws are complex, with countless amendments and precedents that can affect your case. Determining liability can be difficult and often requires investigation, evidence gathering, and working with experts who may be difficult to access without the relevant contacts.
An attorney with experience in side-impact collisions can offer invaluable support throughout your case by managing communications with insurers and opposing attorneys, negotiating for a fair settlement, and representing you in court if the case proceeds to trial. Having a legal expert by your side can help you navigate the challenges that often arise during car accident claims and protect you from bad-faith practices and manipulation.
Reclaim Your Life After a Side-Impact Accident
Contact HHJ Trial Attorneys for professional legal guidance if you’ve been injured in a side-impact accident. In every case, our priority is to represent the interests of our clients and defend their right to compensation. Our attorneys have decades of experience helping car accident victims secure financial stability.
The aftermath of a side-impact accident can be devastating, but you don’t have to face it alone. With one of our attorneys to support you throughout your claim, you can receive the compensation you deserve and need to move forward with your life.
