The type and severity of injuries sustained in a car crash often depend on the kind of impact, the speed of the vehicles, and the design and safety features of the car. When a collision involves a side impact — also known as a T-bone accident or broadside collision — there is often little protection for those involved. Passengers in particular face greater risks compared to front or rear-end collisions, where the hood or trunk absorbs some of the impact.The Miami car accident attorneys at the Law Offices of Robert Dixon represent victims throughout Miami-Dade, Broward, Palm Beach Counties, and across Florida, helping injured individuals and their families seek the compensation they deserve from negligent drivers.
Side Impact Crashes
Side impact collisions, also known as T-bone accidents or broadside collisions, occur when one vehicle hits another on the side. Because of a vehicle’s design, T-bone accidents are a specific type of side-impact accident where the front of one vehicle hits the side of another at about a 90-degree angle, forming a “T.” these crashes are especially dangerous for passengers, as opposed to being involved in a front or rear-end collision, where there are significant barriers to the impact, given the length of a car’s hood or trunk. These kinds of accidents are common at intersections including stoplights and traffic signs, often where one car fails to yield the right of way. If a vehicle is hit on its side by another car going at a high speed, the results can be devastating. The National Highway Traffic Safety Administration reported that in 2011, a side impact was involved in almost 3,000 car accidents leading to fatalities.
Because of their nature, T-bone crashes can result in devastating harm. Victims often suffer:
- Broken bones and fractures
- Traumatic brain injuries
- Spinal cord damage
- Permanent scarring or disfigurement
- In the most severe cases, death
Take Legal Action to Pursue Damages
These collisions are often caused by another driver’s carelessness on the road. They can be a result of speeding, a distracted motorist, or various other reckless actions, which legally may be considered negligent. Those who are negligent when operating their vehicles may be held liable for the injuries they cause. To receive compensation for harm resulting from a careless driver, a victim or plaintiff must prove:
- The driver owed him or her a duty of care to act as a reasonable and prudent person would act in the same circumstances;
- That duty was breached;
- The breach caused injuries; and
- The plaintiff suffered compensable damages as a result.
For instance, a driver who runs a red light in an intersection or makes a dangerous left turn into oncoming traffic, causing an side-impact accident, may be found to have breached his or her duty to others on the road. Damages available in car accident cases often include past and future medical costs, property damages, and lost income and earning capacity, as well as pain and suffering.
If a T-Bone collision has led to a tragic fatality, family members may be able to file a wrongful death lawsuit to seek compensation for medical expenses, funeral and burial costs, and loss of consortium. Whether pursuing a personal injury or wrongful death claim, time can be a factor in preserving your rights in court. In Florida, the statute of limitations for personal injury lawsuits is four years, while a wrongful death claim must be filed within two years.
Even if you were partly at fault in a T-bone collision, you can still pursue legal action to receive compensation for your losses. Since Florida is a pure comparative fault state, damages are awarded based on each party’s degree of responsibility for an accident. This means a partially negligent plaintiff can be compensated for his or her injuries in proportion to the defendant’s fault.
Hold a Negligent Driver Accountable for Your Injuries
Most side-impact accidents are caused by a driver’s carelessness or recklessness. Common causes include:
- Speeding through intersections
- Distracted driving (such as texting)
- Failing to yield at traffic lights or stop signs
- Driving under the influence of alcohol or drugs
Under Florida law, all drivers owe others on the road a duty of reasonable care. A driver who breaches that duty — for example, by running a red light and striking another car — may be found negligent and held liable for resulting injuries.
To prove negligence, a victim (plaintiff) must show:
- The defendant owed a duty of care;
- That duty was breached;
- The breach caused the accident and injuries; and
- The plaintiff suffered actual damages.
All drivers have a duty to other motorists to act as a reasonable and prudent person would behave in similar circumstances. Thus, a driver who speeds through an intersection or is using his or her phone while driving, leading to a side impact collision, would most likely be found negligent. After establishing negligence, a plaintiff may recover damages for any injuries sustained in an accident. These damages include past and future medical bills, loss of income or earning capacity, and pain and suffering. In Florida, personal injury claims must be filed within four years from the date of the accident.
Unfortunately, these serious side impact collisions can lead to fatalities. In the event that you have lost a loved one due to another’s negligent actions, you may be able to pursue a wrongful death lawsuit to seek damages for burial and funeral costs or loss of consortium. These claims have strict time limitations and must be filed within two years of a victim’s death.
