T-bone Car Accident Injuries
T-bone collisions, also known as broadside and side-impact collisions, can occur when one vehicle hits the side of another vehicle. This is a typical occurrence especially at intersections or at a traffic light or sign. T-bone collisions cause more injuries than other types of car accidents.
The National Highway Traffic Safety Administration data shows 3,000 passenger cars that were involved in fatal crashes in 2011. They were either struck on their left or right sides. 20 percent of the vehicles involved in deadly crashes in the U.S. were first impacted on their sides.
T-bone accidents can cause severe significant injuries to a car driver or their passengers. The injuries resulting from a broken window or crumbled door can be fatal and can cause major head or brain injuries, fractures, and disfigurement. The persons involved in a T-bone crash may also be partially ejected from the car. Here's what you should know about these injuries and the process of collecting compensation.
Liability from a Side Impact Car Crash
A side impact accident can be the fault of a careless driver who does not obey traffic signs, fails to yield, or speed. Drivers found guilty of these can be held liable for their actions and any injuries sustained as a result of their careless and unsafe driving.
A side impact car crash is a result of a negligent driver. Failure to act as a reasonable person would, under the same circumstances is called negligence, and to prove that a driver was negligent, you must show:
#1 Duty of Care
The U.S. drivers owe it as a duty of care to others when they are behind the wheel. It includes an obligation to follow every rule guiding the road and refrain from any actions that can cause injury to others.
#2 Breach of Care
By failing to act accordingly or with reasonable care is a breach of duty from drivers. Drivers who fail to yield the right way and speed through an intersection violates the duty to exercise care.
A plaintiff's injury is a result of a breach of the duty of care.
Lost wages, medical bills, and other expenses are a part of the plaintiff's evidence to show the actual damage of injuries.
Once there's established negligence from the defendant, you can now recover damages for your injuries. There are times when a defendant may claim that you were also partly responsible for your injuries. Not to worry, a U.S. court will not bar your right to recovery, regardless of the degree of fault.
The U.S. is comparative negligence, and this means that you can recover the damages in proportion to your degree of fault. The United States requires you to file your claim within four years from the date of the car accident. If you waste appropriate time in filing this claim, you may not be able to get damages.
The head-on accident is another type of accident.
Head-On Vehicle Collisions
This type of collision occurs when a motorist is driving the wrong way down a lane or crosses the median into the opposite lane. The National Transportation Safety Board in a study in 2012, estimated that a wrong-way collision accounted for three percent of all traffic crashes in the U.S.
Head-on collisions, however, have a much higher rate of fatality than other types of collisions. One of the major factors in head-on collisions was drunk driving. Also, a reduced line of sight can be another factor. It is a possible fatality for many drivers and passengers to suffer catastrophic injuries in head-on collision crashes with other vehicles.
The National Highway Traffic Safety Administration data shows that more than 5,400 people died in passenger car accidents when the intial point of impact was the front of the car. Over 26 percent of fatal car crashes were a result of head-on collisions in the U.S.
Liability in Head-On Car Crashes
The careless drivers who were not adamant about road safety and caused the head-on collisions are the ones accountable for the injuries and damages inflicted on their victims. If you are involved in a head-on collision, you can hold the driver of the other vehicle liable for the harm they caused you.
The U.S. requires you to show that the driver who caused the crash is liable for your injuries. You are to make your case by establishing the defendant's negligence, which indicates that you prove everything in the list below:
- The defendant had a duty to exercise care at all times. Drivers in the U.S. are expected to exercise care than any other driver would do under similar circumstances.
- Breaching the duty of care by their actions. This can occur when a driver is too distracted, probably texting or reading from his/her device, and swerves head-on into your lane.
- The defendant is responsible for your bodily injuries for failing to exercise care.
- The damages you incurred due to medical expenses, and other bills for your injuries.
If you happen to be involved in this collision with a drunk driver, you may also be able to establish the driver's liability under negligence per se. This situation does not require that you show a breach of the duty of care by the driver. It is an obvious case that the driver breached the duty of care if they are under the influence of alcohol, which happens to be a criminal offense in the U.S.
It is still important, though, that you prove that the injuries you sustained were caused by the head-on collision to get damages.
Liability for a T-Bone Crash
T-bone car crashes are mostly a result of careless driving behavior. The failture to follow traffic signs and signals, distractions, or even speeding, are the causes of T-bone collisions. You can sue a driver under the claim of negligence for being responsible for your injuries.
In the U.S., motorists must use reasonable care when behind the wheel of their vehicle. In order to hold a party liable for negligence, you need to show that the defendant:
- Had the legal obligation to exercise reasonable care (duty) but did not.
- They failed in exercising reasonable care (breach), and
- It was their failure to exercise this care that caused your injuries and the damages (causation and damages).
The actions of the defendant must be substantial enough in causing your injuries. If you can prove the focal point between the defendant's breach and your injuries, you can hold the defendant liable. You can also obtain compensation if you partly contributed to your injuries. In U.S. personal injury suits, the plaintiff can recover damages to the extent they were not at fault for their injuries.
An example is when a jury determines that 60 percent of the injuries were your fault, a 40 percent recovery of the damage will be made against the negligent party. A four-year time limit in the U.S. is made for a general personal injury suit. Although, there are shorter time limits that can be applied in wrongful death and other cases.
Your rights and appropriate compensation for your injuries can be very much possible with the help of a seasoned attorney.
Seeking Compensation for T-bone Crash Injuries
In a T-bone collision, if you can prove that the defendant is accountable for the accident, then you can potentially seek compensation. Crashes as a result of T-bone collision can cause significant harm, and the amount associated with no-fault coverage required in the U.S., may not be sufficient to cover your injuries.
With the help of a personal injury claim, you may be able to get compensation for your medical expenses, property damage, and pain and suffering. If in a T-bone crash you lost a family member, you are likely to recover damages through a claim for wrongful death. You can recover your deceased relative's medical bills, burial bills, and also loss of companionship.
A severe car accident victim's injuries depend on many factors and its location's impact. When a T-bone accident occurs, the vehicle is never enough to protect a passenger from the brunt of the crash. An attorney can help with the investigation of the car wreck, review the facts of your case, and discuss the legal rights with you.
The attorney will do a thorough investigation of the accident and make sure you have the strongest claim. They will negotiate an effective settlement or advocate for you in civil court if necessary.