When one vehicle is struck on its side by another vehicle, it is referred to as a side impact collision or a T-bone accident. These types of accidents can result in injuries and often lead to complex legal claims. It is important to have an understanding of your rights and the potential consequences associated with side-impact collisions to ensure you receive the compensation you deserve. In this article, we will explore the legal aspects of side-impact collisions and the corresponding injury claims.
Determining Fault
Determining liability or fault is crucial in side-impact collisions. Typically, the driver who caused the accident by failing to yield the right of way or running a red light will be considered responsible. However, establishing liability can be challenging since both drivers involved often argue that they had the right of way. To establish fault, eyewitness testimonies, police reports, and available evidence such as surveillance footage or accident reconstruction analysis play a role. This is something that experienced legal professionals like Dehoyos accident attorneys can help with.
Contributory or Comparative Negligence
In some situations, both drivers may bear some degree of negligence, resulting in contributory or comparative negligence. Under contributory negligence, if a party is slightly at fault for the accident, their claim may be completely barred. However, in some jurisdictions, there is a system called comparative negligence that allows individuals who have been injured to recover damages based on their level of fault. For example, if a court determines that someone is 20% responsible for an accident, the damages they receive will be reduced by that percentage.
When it comes to injury claims and damages, the severity of injuries sustained in side-impact collisions can vary greatly. They can range from cuts and bruises to life-changing or fatal injuries. If someone has been injured due to someone’s negligence, they have the right to seek compensation through an injury claim. These claims usually cover both economic and non-economic damages.
1. Economic Damages
Economic damages include the losses suffered as a result of the accident. This category encompasses expenses lost wages, property damage costs, and rehabilitation expenses. To support their claim for damages, it’s important for the injured party to keep records of all related expenses like medical bills, pay stubs, and repair estimates.
2. Non-Economic Damages
Non-economic damages refer to losses that are not directly tied to matters but are still significant consequences of the accident. Examples of economic damages may include pain and suffering, emotional distress, loss of companionship or consortium with loved ones due to injuries sustained in the accident, or loss of enjoyment of life.
Determining the value of non-economic damages can be quite a challenge since they don’t come with a fixed price tag. Various factors, such as the type and severity of injuries, how they affect the life of the person making the claim, and how long it takes to recover, are taken into account to determine compensation.
Time Limit for Filing
When filing an injury claim resulting from a side impact collision, it’s important to be aware of the time limit set by law, also known as the statute of limitations. This deadline specifies when a claim must be filed; otherwise, the person making the claim may lose their right to seek compensation. The specific length of this time limit varies from state to state but generally falls between one and six years. Seeking advice from a lawyer promptly after the accident can help ensure compliance with these time limits.
Dealing with Insurance Claims
After being involved in a side-impact collision, it’s crucial to inform your insurance company. The coverage available will depend on each driver’s insurance policy. While insurance claims may cover a portion of your damages, it’s vital to evaluate any settlement offers you receive. Insurance companies might try to settle claims by offering lesser amounts than what your injuries are truly worth. Consulting with a personal injury attorney can help guarantee that any settlement offered is fair and comprehensive.
Conclusion
Side-impact accidents can result in injuries and complex legal cases. It is essential to understand the responsibility of the drivers involved, whether there is contributory or comparative negligence, and the various types of damages that can be claimed when seeking compensation for injuries. It’s also crucial to be aware of the time limits for filing a claim and carefully evaluate any settlement offers to ensure that you receive compensation. If you find yourself in a side-impact collision, it is recommended to consult with an injury lawyer who specializes in handling such cases. They can provide guidance to protect your rights and increase your chances of receiving the compensation you rightly deserve.
