Who's at Fault in a Side Collision?

It can be challenging to determine liability when you get injured in a side collision, commonly known as a T-bone accident. Generally, depending on the circumstances, either driver might be responsible for the accident.

For example, say Driver A stops in the middle of an intersection and gets hit by Driver B, who has the right of way. In that case, Driver A will be at fault for the accident. On the other hand, suppose Driver A ignores a red light and gets hit by Driver B, who has the right of way. In that case, Driver A will be responsible for the accident.

In some cases, both drivers might be at fault for the accident. For example, say both drivers failed to stop at an intersection and rammed into each other. If so, both drivers could share equal responsibility for the accident.  

The bottom line is that there is no clear answer to this question. The unique circumstances of your case will determine who is responsible for the accident.

If you were in an accident and believe you were not at fault, you may be entitled to compensation. You can learn more with a free case evaluation with Morgan & Morgan.

What Causes Side Collisions?

Side collisions occur due to many reasons, including negligence by either driver. Some common causes of side collisions include but are not limited to:

Distracted driving: This happens mostly when drivers use their mobile phones while driving. According to statistics, at least 3,000 drivers die yearly in the US due to distracted driving.

Reckless driving: Failure to obey stop signs is an example of reckless driving, often leading to side collisions.

Speeding:  In 2020 alone, more than 11,000 deaths occurred due to speeding alone. This death toll accounted for 20% of car crash fatalities that year.

Impaired driving: Side collisions can also be caused by driving under the influence of drugs and alcohol. To put things into perspective, studies have shown that at least 32 people die daily in the US due to drunk driving.

What Are Common Injuries Caused by Side Collisions?

Some common injuries caused by side collisions include the following:

• Whiplash
• Broken bones
• Head injuries
• Dislocations
• Fractures burns
• Cuts and bruises
• Spinal cord injuries
• Limb injuries
• Organ and tissue injuries
• Chronic pain
• Partial or permanent paralysis
• Partial or permanent nerve damage
• Post-traumatic stress disorder
• Concussions

What Should I Do if Injured in a Side Collision?

Here is what to do if you or your loved one gets injured in a side collision:

Seek Medical Attention

Call 911 if you can and request an ambulance. If you cannot call 911, ask anyone around you to do so.

Gather Evidence

If possible, collect crucial evidence of the accident scene. This should include photos and videos of the scene and the injuries sustained. In addition, take pictures of any property damage caused by the accident, including the wrecked vehicles. Do not ignore any details about the accident. For example, pictures of skid marks could help demonstrate how the accident occurred.

File a Police Report

It is important that you involve the police after such an accident. The officers will write an accident report containing critical information about the accident, including but not limited to the following:

• Time, date, and location
• Names of everyone involved in the accident
• Witness accounts
• Party-at fault for the accident
• Contact information of everyone involved

Contact a Car Accident Attorney

Car accident cases are complex. However, hiring an experienced car accident attorney is a great way to navigate these hurdles. The attorney will fight for your rights, ensuring you receive the compensation you and your loved ones deserve after such a horrific accident.

Do I Still Need to Call the Police if the Other Driver Accepts Responsibility for the Accident?

Yes, you must involve the police even if the other driver accepts responsibility for the accident. Remember that the primary reason for contacting the police is to have everything on record and not necessarily to have the other driver arrested. With a police report in hand, filing a claim with an insurance company is much easier.

I Was Partly at Fault for the Accident. Should I Accept Responsibility?

No. Accepting responsibility for an accident is never advisable, even if you feel responsible. Anything you say after the accident could be used against you during the settlement negotiations.

In addition, remember that car accident cases are complex. For this reason, you may be surprised to discover that you are not responsible for the accident, according to traffic laws in your state.

Accepting responsibility for an accident, especially without consulting an attorney, makes it difficult for the lawyer to prove otherwise. The other party will likely cling to your confession and ignore the bigger picture. And, even if they are responsible for the accident, the mere fact that you accepted responsibility could be all it takes to jeopardize the entire claim. Alternatively, it could mean sharing responsibility with the other driver, jeopardizing your claim.

Do I Still Need to Seek Medical Treatment if I Feel Fine After the Accident?

Seeking medical attention after a car accident is crucial, even if you feel fine. Bear in mind that there is always a possibility that your body is still in shock after a car accident. For this reason, you may not feel pain at that particular moment. But this does not necessarily mean that you are off the hook yet.

When you visit a doctor after the accident, they will conduct several tests to determine whether you suffered internal injuries. If the tests come out positive, the doctor will recommend the most appropriate treatment.

Internal injuries are among the leading causes of death after a car accident. The most unfortunate thing about these injuries is that they do not show their symptoms immediately after the accident. As a result, some accident victims succumb to their injuries if they do not get treatment.

The Insurance Company Wants to Review My Medical Records. Should I Allow Them?

One of the most common reasons the insurance company may want to review your medical records is to find a reason to dispute your claim. Even if they seem caring and understanding, these companies will try anything possible to avoid liability. Therefore, when you let them review your medical records, especially without an attorney, they will likely look for any reason to link your injuries to your medical history, not the accident.

As a result, they will deny your claim or find a way to minimize the settlement you are entitled to. If the insurance company asks to review your medical records, you have the right to consult an attorney for further legal guidance.

What if the Other Driver Has Insufficient Insurance to Cover My Damages?

An experienced car accident attorney can help you get compensation for your injuries even if the other driver has insufficient insurance. These attorneys know how to navigate different scenarios when fighting for their client's rights.

For example, your attorney can help you file a claim with your insurance company if you have uninsured or underinsured coverage. But if you do not have such coverage, the lawyer will explore other options, including filing a lawsuit against the at-fault driver.

Alternatively, the attorney could file a claim with your medical insurance provider to recover medical expenses.

What Damages Can I Recover After a Side Collision?

Depending on the circumstances of your case, you can recover economic and non-economic damages.

Economic damages may include:

• Medical expenses
• Cost of hiring a caregiver
• Transportation costs
• Lost wages
• Lost earning potential
• Cost of rehabilitative services, such as physical therapy
• Cost of medical equipment

On the other hand, non-economic damages may include:

• Pain and suffering
• Medical distress
• Loss of enjoyment of life
• Post-traumatic stress disorder

You may also recover punitive damages if the court determines that the other driver was extremely negligent. However, you should note that punitive damages are not always guaranteed.

If you suffered serious injuries, such as permanent paralysis, your spouse could also file a loss of consortium claim.

Where Do I File a Claim?

This will depend on the unique circumstances of your case and where the accident occurred. For example, in Florida (a no-fault state), you will file a claim with your own insurance provider. However, if the settlement is insufficient to cover your damages, you may need to file another claim with the other driver's insurance provider.

Alternatively, if you live in an at-fault state like Washington, you will file a claim with the at-fault driver's insurance provider.

It is also worth noting that in some car accidents, more than one party might be responsible. For example, if part of your injuries derived from a faulty car part, such as a defective airbag, you may have a valid product liability claim against the part manufacturer in addition to the car accident lawsuit.

How Long Do I Have to File a Lawsuit After a Side Collision?

The deadline for filing a lawsuit will also depend on the state. Most states have a two-year deadline for pursuing compensation for such accidents. Examples of states with a two-year statute of limitations for car accident claims include Alabama, Alaska, California, Hawaii, Georgia, Indiana, Iowa, and Idaho. Other states, such as Illinois, have a longer statute of limitations (5 years). For this reason, contacting an attorney as soon as possible is always advisable to avoid missing crucial deadlines.

Remember that when the statute of limitation expires, you lose your right to take legal action against the other party.

Can I Still Recover Damages if I Was at Fault for the Side Collision?

You may still be able to recover damages if you were at fault for the side collision. This, however, depends on state laws. Some states allow accident victims to recover damages, even if they were 1 percent at fault for the accident. Other states do not allow recovery if the plaintiff is more than 50 or 51 percent at fault.

How Long Does It Take to Settle a Side Collision Claim?

Car accident claims can take weeks or even years to settle. Factors such as the other party's willingness to negotiate a reasonable settlement will determine how long the case will take. In addition, when such cases go to trial, the settlement process is usually longer due to court backlogs and other judicial processes each party must follow. This explains why most people prefer settling such cases out of court.

Do I Need a Lawyer if the Other Party Agrees to Settle My Claim?

Even if the other party is willing to settle, this does not necessarily mean you will recover what your case is worth. Therefore, having an attorney significantly increases your chances of recovering the true value of your claim.

An experienced attorney can help assess your damages and calculate a reasonable settlement based on your past, current, and future needs after the accident. They can also help you navigate complex processes that could jeopardize your claim.

Where Can I Find a Competent Car Accident Attorney to Represent Me?

If you are looking for a competent, compassionate, and experienced car accident lawyer to fight for you or your loved one, Morgan and Morgan is always a free case evaluation away.

We are the country's largest personal injury firm boasting over 30 years of experience fighting for the rights of the injured. In addition, we have powerful resources to fight for you. And when it comes to negotiating a settlement, our attorneys never settle for less. And the best part is that we are never afraid to go to trial if the other party refuses to cooperate.

Our attorneys have helped thousands of car accident victims get compensated for their injuries. You or your loved one might be next in line. To get started, fill out our free case evaluation form.

Remember, the fee is free. You only pay if we win.