Side-Impact Collisions: Who Is Liable?

Side-impact collisions, also known as broadside or T-bone collisions, kill thousands of people each year and injure many thousands more. While rear-end accidents are most often the fault of the driver in the following vehicle, there are no consistent rules like that for determining who is liable in a side-impact collision. Instead, an investigation must be performed to determine whose negligent driving behavior caused the accident to occur.

If you’ve been injured in a side-impact crash, an experienced personal injury lawyer can help you conduct a thorough investigation in order to determine all sources of liability. Our team at Setareh Law will work with you throughout the legal process in order to help make sure you get the compensation you deserve. 

Understanding Side-Impact Collisions

Side-impact collisions, also known as T-bone collisions, occur when a vehicle crashes head-on into the side of another car. These accidents are particularly dangerous due to the lack of protection from the vehicle smashing into theirs. The victims often suffer long-term injuries or death. Understanding the dynamics of side-impact collisions is crucial in determining fault and seeking compensation.

Causes and Consequences of Side-Impact Collisions

Side-impact collisions frequently occur at intersections and in parking lots. The underlying reason for these collisions is usually a driver’s negligence. Common causes of side-impact collisions include running a red light, driving through a stop sign, making an improper left turn, failing to yield to other drivers, speeding, distracted driving, and reckless driving. The consequences of side-impact collisions can be severe, resulting in serious injuries, including spinal cord injuries and even death.

Liability in Side-Impact Collisions

When a side-impact collision occurs, the source of liability is generally the driver whose negligence led to the collision. Establishing the other driver’s negligence is crucial for claims and compensation. However, other parties may be liable as well. Liability is proven by showing these three elements in the case:

1. The at-fault driver had a “duty of care.” This means they had a legal responsibility to take reasonable actions in order to avoid causing harm to others while operating a vehicle on a public roadway.
2. There was a breach in the driver’s owed duty that led to an accident occurring. Common causes of car accidents occurring in intersections, which is where most side-impact crashes take place, include failure to yield the right-of-way and speeding, distracted driving, or driver’s fatigue. Failing to stop at stop signs can lead to severe injuries in side-impact collisions.
3. The breach resulted in an accident in which the claimant was injured. The consequences of side-impact collisions can be severe, resulting in serious injuries, including spinal cord injuries and even death. Severe injuries such as neck, back, and head injuries are also common.

An attorney will perform an investigation into the accident in search of evidence that can be used to prove liability. Evidence that is commonly used in side-impact collision claims includes the police accident report, surveillance footage or photos from the accident scene, the testimony of eyewitnesses, and even the work of expert witnesses, such as accident reconstruction specialists.

Comparative Negligence and Its Impact

In some cases, both drivers may be partially at fault for a side-impact collision. Comparative negligence laws vary by state, but in general, they allow victims to seek compensation even if they were partially responsible for the accident. However, the amount of compensation may be reduced proportionally to the victim’s percentage of fault. Understanding comparative negligence laws is essential in determining the best course of action after a side-impact collision.

Damages and Compensation

Victims of side-impact collisions may be entitled to compensation for their injuries, medical expenses, lost wages, and property damage. In addition to economic damages, victims may also seek non-economic damages, such as pain and suffering, emotional distress, and loss of consortium. The amount of compensation available depends on the severity of the injuries, the extent of the damages, and the applicable laws in the jurisdiction.

Why Does It Matter Who Was At Fault?

Liability matters because the party who was at fault for causing the crash is responsible for compensating the injured party for the expenses and quality-of-life impacts they experienced as a result of the at-fault party’s negligence. One of the first services a lawyer will perform when handling your case is an extensive investigation of the accident in order to identify all sources of liability. Hiring personal injury attorneys who are experienced in handling side-impact collision cases is crucial, as they are well-versed in navigating the complexities of insurance claims and ensuring victims receive full compensation.

Likewise, the insurance company that services the at-fault party’s auto insurance policy will also need to see proof of liability. When the claim is submitted to the insurance provider, it will be assigned to the claims adjuster, who will evaluate the claim. Evidence such as police reports and eyewitness statements are crucial in proving negligence in t-bone collisions. In addition to ascertaining the insured’s liability, the claims adjuster will also seek through their evaluation to determine whether coverage is available through the policy the claim was filed against.

While most car accident cases are resolved through a negotiated settlement in which the insurance company accepts the liability of their insured and makes a settlement offer that the claimant agrees to accept as fair compensation, if the insurance company disputes liability, they can refuse to settle the claim or reduce the level of compensation they offer to settle the claim. The case is often then filed as a personal injury lawsuit so that a judge or jury can consider the evidence and make determinations about liability and compensation.

What to Do After a Side-Impact Collision

If you’ve been involved in a side-impact collision, it’s essential to take immediate action to protect your rights and seek compensation. First, seek medical attention for any injuries. Next, contact the police and report the accident. Gather evidence, including witness statements, photographs, and video footage.

Finally, consult with a personal injury attorney who has experience handling side-impact collision cases. They can help you navigate the claims process, determine fault, and seek the compensation you deserve.

Injured in a Side-Impact Accident? Contact Setareh Law

Side-impact collisions are among the most serious and devastating types of accidents to be involved in. If you’ve been injured in this type of crash, the legal team at Setareh Law can provide our many years of experience to help you obtain the compensation you need. We have garnered millions of dollars in settlements and awards for our clients while providing unparalleled customer service and garnering the reputation of being aggressive advocates who never give up.

Let an experienced car accident attorney from Setareh Law explore your legal options with you. For a free case evaluation, contact us online or at (310) 659-1826. Our team also speaks Spanish.