Side-impact collisions, also known as T-bone accidents, occur when one vehicle strikes the side of another, often forming a “T” shape. These types of accidents can be particularly dangerous because the sides of vehicles offer less protection compared to the front or rear. In California, individuals involved in side-impact accidents may have the right to file personal injury claims to seek compensation for their injuries, medical bills, lost wages, and other damages.
Here’s an overview of California law regarding side-impact collisions and personal injury claims:
1. Fault in Side-Impact Collisions
- Determining Fault: In a side-impact collision, fault is typically determined based on the actions of the drivers involved. California follows an at-fault liability system, meaning the person who caused the accident is responsible for compensating the other party.
- Common Causes of Side-Impact Collisions:
- Running red lights or stop signs: When a driver fails to stop at a red light or stop sign, they may collide with a vehicle passing through an intersection, leading to a side-impact crash.
- Distracted driving: Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice a stop sign or traffic light change, causing a side-impact accident.
- Reckless or aggressive driving: Speeding, weaving between lanes, or failing to yield right of way at intersections can lead to side-impact crashes.
- Failure to yield: When a driver doesn’t yield the right of way at an intersection or turns without checking for oncoming traffic, it can result in a T-bone collision.
- Driving under the influence (DUI): Alcohol or drugs impair driving abilities and can lead to mistakes that cause accidents, including side-impact collisions.
2. California’s Comparative Negligence Rule
- Comparative Negligence: California follows a comparative negligence rule, which means that if both drivers are partially at fault for the accident, they can each be assigned a percentage of responsibility.
- For example, if one driver ran a red light and the other was speeding, both might share responsibility for the crash. In such cases, compensation will be reduced according to the degree of fault. If you are found to be 30% at fault, you will receive 30% less compensation for damages.
- Evidence of Fault: The investigation into the crash will look at factors such as:
- Traffic laws and violations (e.g., running a red light, failure to yield),
- Driver behavior (e.g., speeding, distracted driving),
- Witness statements,
- Police reports, and
- Traffic camera footage or dashcam video.
3. Injuries Common in Side-Impact Collisions
- Side-impact collisions are particularly dangerous because the side of a vehicle provides less protection than the front or rear. Common injuries include:
- Whiplash and neck injuries: The sudden impact can cause severe strain on the neck and spine, often leading to whiplash.
- Head and brain injuries: Due to the proximity of the side door to the head, passengers may experience traumatic brain injuries (TBIs) if their heads strike the window or door.
- Chest and rib fractures: The force of the side impact can cause severe chest injuries, including broken ribs, collapsed lungs, or damage to internal organs.
- Pelvic and abdominal injuries: In side-impact crashes, the pelvis and abdomen are often at risk of injury, especially for the front-seat passenger.
- Spinal cord injuries: Serious side impacts can lead to back and spinal cord injuries, potentially resulting in paralysis.
- Emotional and psychological trauma: Survivors of side-impact accidents often suffer from anxiety, depression, or post-traumatic stress disorder (PTSD).
4. Types of Damages in Side-Impact Collision Claims
Victims of side-impact collisions in California may be entitled to the following types of compensation:
- Economic Damages:
- Medical Expenses: Compensation for past, present, and future medical treatment needed for the injuries sustained in the crash (hospital stays, surgeries, medications, rehabilitation, etc.).
- Lost Wages: If the victim is unable to work due to their injuries, they can claim compensation for lost income during their recovery period.
- Property Damage: Compensation for the repair or replacement of the vehicle and other property damaged in the accident.
- Out-of-Pocket Expenses: This includes costs incurred due to the accident, such as transportation costs, household help, and additional care for dependents.
- Non-Economic Damages:
- Pain and Suffering: Compensation for the physical pain and emotional suffering endured due to the accident and resulting injuries.
- Loss of Enjoyment of Life: If injuries prevent the victim from participating in activities they once enjoyed (e.g., hobbies, sports), they may be compensated for this loss.
- Emotional Distress: Compensation for the psychological toll of the accident, including anxiety, depression, and trauma.
- Punitive Damages:
- Punitive damages may be awarded in cases of extreme recklessness or malice. For example, if the at-fault driver was under the influence of drugs or alcohol, or if they were driving recklessly with the intent to harm others, punitive damages may be added to the compensation.
5. Insurance and Claims Process
- Insurance Requirements: California requires all drivers to carry minimum liability insurance. The minimum coverage limits are:
- $15,000 for injury or death to one person,
- $30,000 for injury or death to more than one person,
- $5,000 for property damage.
- Making a Claim: After a side-impact collision, you will typically file a claim with the at-fault driver’s insurance. This process may include:
- Reporting the accident to your own insurance company,
- Filing a claim with the at-fault driver’s insurance company,
- Providing evidence of your injuries, damages, and fault.
- Uninsured/Underinsured Motorist Coverage: If the responsible driver is uninsured or underinsured, you may be able to use your own uninsured/underinsured motorist coverage to cover medical costs, damages, and losses.
- Negotiation and Settlement: Insurance companies will often attempt to settle quickly, but they may offer less than the full value of your claim. If you are not satisfied with the offer, you may need to negotiate or file a lawsuit.
- Lawsuit: If a fair settlement cannot be reached, or if the at-fault driver is not insured, you may need to file a lawsuit in civil court to pursue compensation. California’s statute of limitations for personal injury lawsuits is two years from the date of the accident.
6. Medical Treatment and Evidence
- Seeking Medical Treatment: It is crucial to seek immediate medical attention after a side-impact collision, even if you don’t feel any pain at first. Injuries like whiplash, concussions, and internal injuries can manifest later.
- Medical Documentation: Keep detailed records of your medical treatment, including hospital bills, doctor’s notes, diagnostic tests, and physical therapy. These documents help substantiate your claim and demonstrate the extent of your injuries.
- Long-Term Care: If your injuries require ongoing medical treatment, such as physical therapy or surgery, these future costs should be considered in your claim.
7. The Role of Personal Injury Lawyers
- Legal Representation: A skilled personal injury attorney can help you navigate the complexities of a side-impact collision case. An attorney will investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
- Contingency Fees: Many personal injury lawyers work on a contingency fee basis, meaning they charge no upfront fees and only get paid if you win or settle your case. Their fees typically range from 33% to 40% of the final settlement or judgment.
8. Important Tips After a Side-Impact Collision
- Stay at the Scene: Call 911 and ensure that everyone involved in the accident is safe. Report the accident to the police.
- Gather Evidence: Take photos of the scene, the vehicles involved, and any visible injuries. Collect witness contact information and get a copy of the police report.
- Do Not Admit Fault: Even if you think you may be partially responsible, avoid admitting fault at the scene. The fault determination should be based on evidence and investigations.
- Consult an Attorney: Contact a personal injury lawyer as soon as possible to protect your rights and help with filing your claim.
Conclusion
Side-impact collisions are serious accidents that can result in severe injuries and financial losses. Understanding how California’s legal system works in determining fault, assessing damages, and handling insurance claims is critical for individuals involved in side-impact accidents. By working with an experienced personal injury attorney, victims can ensure that they receive fair compensation for their injuries and damages while navigating the legal process.