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Crashing the front of one vehicle into the side of another is known as a side impact accident, T-bone collision, or broadside accident. They usually happen at intersections—but they can also occur in parking lots and other shared spaces. The sides of the vehicle are the weakest part, and even if the sides are reinforced, they do not have the same crumple zones as the front or rear. As a result, a wreck can push the side of the car into a passenger, leading to neck and spinal cord damage, crush injuries, and other catastrophic losses.
Recovering from side-impact accidents in West Virginia is not always easy. The process can be painful, expensive, and time-consuming, but a skilled car accident attorney can help you get the compensation you need to recover from this devastating event.
A side impact accident often involves the front of one vehicle hitting the side of another, forming a “T” shape. The location of the damage can play a large part in identifying the at-fault party.
Usually, failure to yield the right of way plays a role in these wrecks, and many people think that the vehicle that hits the other must be responsible for the wreck. While they sometimes are, the driver who fails to yield can also appear in front of another driver. In those cases, the driver of the vehicle who gets struck in the side may be liable for the accident.
Failing to yield right of way is the primary cause of these wrecks. The party that holds the right of way will depend on the traffic laws that apply to a specific situation. For example, people must stop at red lights and stop signs. Even if someone can proceed on the red light, such as making a right turn on red, they must come to a complete stop beforehand. The person who runs the red light or stop sign will have at least some responsibility for the accident.
There are other situations where people may fail to yield right of way, even if there is no stop sign or traffic line. A yield sign indicates that people should yield to other traffic. Additionally, there are rules regarding when a person should yield in the absence of signs or other indications. If someone fails to yield, they will be held responsible for an accident.
Speeding plays a tremendous role in West Virginia T-bone wrecks. Sometimes, the person who speeds will also fail to yield the right of way, which can make it impossible for the other driver to avoid the accidents. A speeder may encounter someone who fails to yield, which can make it impossible to avoid an accident, and therefore, multiple parties can share responsibility.
When parties share actual responsibility for a crash, they may also share financial responsibility. West Virginia takes a modified comparative negligence approach to liability, which means as long as a person is no more than 50% responsible for an accident, they may be entitled to damages. However, the amount of compensation is proportionate to the amount of fault.
As a result, if a West Virginia court determines that the plaintiff is 20% responsible in a side-impact accident, the plaintiff could win damages from the defendant but have them reduced by 20%. A lawyer can help collect evidence that reduces the plaintiff’s liability by as much as possible
The injuries from side impact collisions can be devastating. They can leave people with significant injuries and emotional trauma, as well as finanical difficulties. Treating injuries can lead to thousands of dollars in immediate medical bills, even for people with health insurance coverage. For those without coverage, the bills can be even more overwhelming.
It is only fair that the person responsible for the accident pay for the injuries. Schedule a consultation to talk to Jan Dils, Attorneys at Law about side impact accidents in West Virginia. Our Personal Injury team can help you understand liability, potential damages, and any filing deadlines that could impact your case.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
