A side-impact accident happens any time the side of a vehicle is struck, whether by the front, back, or side of another car. A T-bone accident is one specific type of side-impact crash, where the front of one vehicle collides directly with the side of another, forming a “T” shape. In other words, all T-bone crashes are side-impact accidents, but not all side-impact accidents are T-bones. This distinction matters, because the cause of the collision, who may be at fault, and the types of injuries involved can be very different. These types of crashes can lead to significant injuries to those involved, and can often prove deadly. If a truck driver, or another party, has negligently caused a side-impact accident, they should be held liable for the resulting harm. In these cases, there are often many additional parties involved as compared to cases arising from collisions between passenger-sized vehicles. These additional parties may include a variety of insurance carriers, trucking companies, individuals, and parts or vehicle manufacturers. As a victim, it is important to have your own advocate.
Any type of T-bone accident is dangerous to passengers and drivers, but even more so when a truck is involved. Many of these types of collisions are due to a truck driver’s lack of proper training or those who are too fatigued and therefore fail to adhere to the rules of the road, especially when it comes to another vehicle’s right of way at an intersection.Parties responsible for a victim’s harm in these types of accidents can include a negligent driver, as well as a trucking company tasked with hiring and making sure those drivers are adequately trained. Our firm assists victims and families in pursuing personal injury or wrongful death claims against those who have negligently caused them harm. We help clients throughout South Florida, in Miami-Dade, Broward, and Palm Beach Counties. If you have questions regarding your legal rights following a T-bone truck accident, please contact our office today to speak with an attorney and schedule a free consultation.
Side-Impact Truck Accidents in South Florida
Many side-impact truck accidents happen at intersections, and can occur if a driver fails to yield the right of way for another vehicle, is speeding, or is otherwise acting carelessly. Truck drivers can be overly fatigued or distracted by something inside or outside their vehicles, leading to these types of collisions. Trucks are also more likely to roll over than other vehicles, making these crashes much more dangerous to those involved. This danger is especially prominent in accidents where a truck strikes the side of a passenger vehicle, where there is little protection for drivers or passengers.
When a side-impact accident and the resulting injuries are caused by negligence, those responsible should be held legally accountable. In a personal injury or wrongful death lawsuit, the burden is on the plaintiff to prove that a defendant, or defendants, have acted negligently. Often in these types of accidents, it is a truck driver who has engaged in negligent conduct. Negligence occurs when the defendant has breached his or her duty to the plaintiff, causing the plaintiff’s injuries and damages. For instance, a truck driver who fails to take proper rest breaks and gets behind the wheel while overly fatigued and therefore lacking in their normal ability to respond to changing conditions, can be found negligent if that fatigue leads to a side-impact accident. A skilled truck accident lawyer can review the facts of your case to determine if the driver’s acts or omissions may have risen to the level of negligence.
The trucking companies who employ negligent drivers can also be held vicariously liable for those acts if a driver was acting within the scope of employment at the time of an accident. Manufacturers who have allowed defective parts or vehicles to enter into the stream of commerce are also strictly liable if that defect causes an accident and injury. For example, if a truck’s brakes are faulty, making it so that a truck driver cannot stop in time to avoid a collision, the brake manufacturer can be held accountable. Because of the serious injuries that tend to result from a side-impact truck collision, victims often need financial support above and beyond what insurance benefits cover. Once negligence is shown, these victims may be awarded damages for outstanding and anticipated medical expenses, lost income, loss of earning capacity, and pain and suffering. Relatives of victims lost in a fatal accident can also receive compensation for costs related to burial or funeral arrangements, as well as loss of support.
T-Bone Truck Accidents
Many factors can contribute to a T-bone collision involving a truck. Most commonly these crashes are due to a truck driver’s failure to yield the right of way to another motorist, or even bicyclist or pedestrian. T-bone accidents are also more frequent at intersections, when a truck driver does not stop for a red light or stop sign, or fails to slow down appropriately at an uncontrolled intersection. Fatigue, distraction, and speeding are also common factors leading to these dangerous types of accidents. T-Bone collisions are also more likely to result in catastrophic injuries as compared to other kinds of accidents, since the side panels of vehicles offer less protection to both drivers and passengers. T-bone truck accidents can leave victims with broken bones, head and brain injuries, internal injuries, as well as paralysis. In some cases, these accidents may be fatal to those involved. Victims, or families who have lost loved ones, must often seek legal action to aid in the cost of recovering from such life-altering injuries.
Who’s Liable in a T-Bone Truck Accident?
Many T-bone truck accidents are the result of a truck driver’s negligent actions behind the wheel, whereby he or she has acted unreasonably given the circumstances. As noted, these actions may include failing to yield the right of way such as making a left turn at an intersection without enough time, or running a yellow light while in a hurry. In these types of accidents, other parties may also be liable in contributing to a victim’s injuries. Trucking companies are not only liable for actions of driver-employees who are negligent while performing duties at behest of an employer, but also have certain responsibilities of their own. For example, a truck company must conduct background checks and know about individual driving histories before hiring drivers. These companies are also tasked with providing adequate training and supervision to their drivers to make sure they can properly handle these massive vehicles. Failure to adhere to industry standards in these areas can lead to direct liability on the part of a trucking company. In addition, if a malfunctioning vehicle or part is a factor in a collision, the manufacturer of the defective part may also be a defendant in a legal claim. These cases require detailed investigation into what happened that can involve accident reconstruction, multiple expert witnesses, and other nuanced evidence. Because of the complicated nature of these situations, it is important to contact a seasoned attorney as soon as possible who can help make sure your rights are protected. In Florida, victims of truck accidents have four years from the date of their injury within which to file a personal injury claim. Families who have lost loved ones have even less time, with the law allowing only two years from a victim’s death during which to file a wrongful death suit.
T-bone truck accidents may leave a severely injured victim feeling overwhelmed, especially when dealing with not only healing from your injury but the costs associated with it.
