A side-impact car crash is often called a broadside hit or a T-bone. Even with crumple zones, airbags and restraint systems, these types of impacts can cause serious injuries or deaths.
Negligence
Nearly all side impacts happen as a result of a driver’s negligence. In order to prove negligence, the person claiming injury or property damage must show that:
- The person they blame for the accident owed him or her a duty of care
- There was a breach of that duty
- The breach of the duty caused the accident
- The accident was the proximate cause of the claimant’s injuries
- The claimant suffered legally recognized damages
A side-impact motor vehicle crash can occur for any number of reasons. Some common examples are:
- Driver error like failing to stop for a stop sign or red light
- Fatigued driving
- Distracted driving
- Failure to check blind spots
- Failure to yield the right-of-way when turning left
If the claimant fails to prove any single one of these elements of negligence, his or her case fails in its entirety.
Damages
Assuming that the claimant does prove all of the elements of negligence, he or she is entitled to an award of damages. Those damages might consist of:
The statute of limitations
- Past and future medical bills, therapy and rehabilitation
- Past and future lost earnings
- Any permanent disability
- Any permanent disfigurement
- Pain and suffering
- Loss of a normal life
Every state has set a time limit for filing a personal injury lawsuit. In some states that period is as short as a year. If liability is attributable to a governmental entity, certain notice requirements might need to be complied with before filing a lawsuit. Even shorter notice requirements apply to governmental entities. Failure to file a timely notice or lawsuit can operate to bar a claimant from proceeding further.
If you or somebody close to you was injured in any type of a motor vehicle accident, you might have a cause of action for negligence. You’ll want a skilled and experienced personal injury lawyer standing beside you. Contact us right away after any motor vehicle accident for a free consultation and case evaluation. No legal fees are due unless we obtain compensation for you.