Who Is at Fault for a T-bone Accident?
A T-bone accident, or broadside collision, happens when the front of one vehicle strikes the side of another car. These accidents are widespread at traffic intersections and occur when one driver fails to yield the right-of-way to another driver at the proper time.
In some cases, the other driver might have negligently run a yield or stop sign, while at other times, that driver may have proceeded through a red traffic light, negligently striking a vehicle that had the right-of-way. The at-fault driver failed to yield the right-of-way at the proper time.
The force of a T-bone collision may cause the vehicle on the receiving end to spin around rapidly or even overturn in the middle of the intersection. As a result, the vehicle occupants may suffer severe injuries and, in some cases, fatalities.
If you or someone you love recently suffered injuries in a T-bone accident that resulted from another driver's negligence, you should retain skilled legal counsel as quickly as possible. Waiting too long to find a lawyer to represent you may jeopardize your right to recover the monetary compensation and damages you deserve for your accident-related injuries.
Your car accident lawyer
can first investigate the circumstances of your T-bone accident and confirm your eligibility for filing a personal injury claim or lawsuit.
Next, your attorney can help you file a claim with the at-fault driver's insurance company and begin settlement negotiations with the insurance company adjuster handling your claim.
Finally, if your case does not settle, your lawyer can represent you at all legal proceedings in the court system and help you pursue the total amount of monetary compensation and damages you deserve for your accident-related losses.
You have limited time to act, so never wait to seek legal consultation with a car accident lawyer near you.
Proving Liability for a T-bone Car Accident
You must first satisfy your legal burden of proof to recover monetary compensation for injuries you suffered in a T-bone accident. If you can successfully prove the necessary legal elements, you may be eligible to recover various types of monetary compensation and damages in your case.
All drivers owe other drivers a duty of reasonable care while on the road. Specifically, they must drive carefully and safely at all times and follow all traffic laws and regulations
When drivers violate the standard of care, such as failing to yield the right-of-way to another vehicle at a traffic intersection, they and their insurance companies may need to pay the accident victim compensable monetary damages.
- First, an accident victim must demonstrate that the other driver violated their duty of care, such as by running a red traffic light or stop sign at an intersection.
- Next, they must demonstrate that as a direct result of this violation, the subject accident occurred.
- Finally, the accident victim must medically show that they suffered at least one physical injury in their accident – and that their injuries occurred as a direct and foreseeable result of their accident.
When it comes to proving fault or liability in a T-bone accident case, your attorney can retain an accident reconstructionist who can speak with you about how your crash happened, visit the traffic intersection, review police reports, and talk with eyewitnesses who saw the occurrence firsthand. The accident reconstructionist can also draft a report or testify in court about how the accident likely occurred and who was responsible for it.
On the other hand, when it comes to proving medical causation in your T-bone accident case, your attorney can call upon a treating medical provider or another medical expert to prepare a report or testify on the witness stand in your case.
A medical provider can be a helpful witness when it comes to:
- Establishing that your injury or injuries directly resulted from the T-bone accident
- Proving that you suffered one or more permanent injuries in your accident that are unlikely to get better with time
Permanent car accident injuries often cause accident victims to experience ongoing pain, suffering, and inconvenience for the rest of their lives. A knowledgeable car crash lawyer in your area can satisfy your legal burden of proof so that you recover monetary damages in your case.
Recoverable Monetary Damages in T-bone Car Accident Cases
If you sustained physical injuries in a T-bone accident that resulted from another driver's negligence, you may be eligible to receive various monetary damages for all of your accident-related losses.
The total financial award that a car accident victim receives through settlement or litigation will depend on the speeds of the involved vehicles in the T-bone crash, the exact circumstances surrounding the accident, the injuries that the accident victim ultimately suffered in the crash
, and the total amount of medical expenses the accident victim incurred.
First, a T-bone accident victim may be eligible to recover compensation for all related medical costs, including doctor visits, hospitalizations, and medical procedures, such as surgeries. They can also recover compensation for any physical or occupational therapy costs related to their car accident injuries.
Moreover, if a medical provider determines that the accident victim may need medical treatment in the future, the car crash victim can recover those anticipated medical costs as part of their personal injury claim or lawsuit. Anticipated medical costs may include expenses associated with future medical procedures, ongoing physical therapy, or pain management sessions.
In addition, victims of T-bone accidents may be eligible to receive monetary damages for their lost earnings if they had to miss time from work to attend medical visits and recover from their injuries. If the accident victim's injuries are so severe that they must switch jobs and take a pay cut, they can receive monetary damages for their loss of earning capacity or ability to work.
For example, following a T-bone car crash, the accident victim might need to switch to lighter-duty work due to pulling and lifting restrictions from their treating healthcare provider. As a result, they may need to take a hefty pay cut.
Next, accident victims can receive monetary damages for their intangible losses stemming from the T-bone accident.
Those losses may include compensation for their:
- Mental distress, such as from accident-related post-traumatic stress disorder (PTSD)
- Permanent disfigurement or disability
- Loss of the ability to use a body part, such as from a paralysis injury
- Loss of life enjoyment
- Loss of spousal companionship
- Past and future pain and suffering
- Humiliation from visible scarring sustained in the accident
Your car accident attorney's primary job is to help you maximize the monetary compensation you recover for all of your accident-related injuries. Your lawyer can accomplish this goal by introducing medical records, medical bills, and medical testimony on your behalf at a civil jury trial or binding arbitration proceeding.
Your lawyer can also highlight the various strengths of your case, downplay any weaknesses, and convince the insurance company to increase their monetary compensation to a fair amount. Finally, your attorney can help you set realistic expectations for the types and amounts of financial damages you may be eligible to recover in your car crash case.
What Injuries Can T-bone Car Accidents Cause?
The amount of force associated with a T-bone accident may cause an accident victim's body to move around violently inside their vehicle – or even strike something inside their car, like the headrest, door frame, window, or steering wheel. As a result of these movements, a driver or passenger may suffer severe injuries that require lengthy medical treatment.
Common injuries that T-bone accident victims frequently suffer include:
- Broken bones
- Rib fractures
- Soft tissue neck and back injuries (whiplash)
- Internal organ damage
- Internal bleeding
- Concussions and other traumatic head injuries
- Full and partial paralysis injuries
- Spinal cord damage
- Bruises that result from airbag deployment
- Open cuts and lacerations that require stitches
Seek ongoing medical treatment and continue treatment until a medical provider discharges you from care. That will prevent your injuries from worsening after a T-bone accident.
Significant gaps in medical treatment records are often a red flag for insurance company adjusters. Specifically, an adjuster who notices lengthy treatment gaps may assume that either your medical treatment was not necessary or that the injuries you suffered in your car accident were not serious.
By treating continuously for your car accident injuries, you increase your chances of making a full physical recovery and obtaining the full and fair monetary damages you deserve for your accident-related losses.
A skilled car accident lawyer in your area can gather medical records and other documents for you while you focus your care and attention on recovering fully from your injuries.
How Does a Car Accident Lawyer File a Claim With the Insurance Company After a T-bone Accident?
Once you retain a skilled car accident attorney to represent you in your case, that attorney can enter an appearance on your behalf and begin negotiating settlement offers with insurance company adjusters.
During the negotiation stage of a T-bone car accident claim, you should have experienced legal counsel on your side. Otherwise, the insurance company may take advantage of you and your situation by not offering you sufficient monetary compensation for your accident-related injuries.
Insurance companies frequently take advantage of unrepresented car accident victims, believing them to lack the necessary skills and experience to negotiate a settlement – or successfully try their case to a verdict in the court system.
Consequently, if the insurance company sees that you do not have legal representation in your corner, they are unlikely to offer you favorable monetary damages to settle. In fact, the insurance company will offer you as little monetary compensation as possible to resolve your claim since it wants to limit monetary payouts and exposure as much as possible.
A skilled car accident attorney, on the other hand, can aggressively negotiate with insurance company settlement adjusters on your behalf and pursue increased monetary compensation for all of your accident-related losses. Moreover, your attorney can threaten the insurance company with courtroom litigation if they refuse to offer you monetary damages that are fair and reasonable in your case.
Litigating a Timely Car Accident Claim
Most car accident cases settle at some point out of court, and T-bone claims are no different. This is because litigating a car accident claim through the court system can be expensive for all parties involved. However, litigation may become necessary in your case if the insurance company refuses to compensate you fairly.
Litigation begins when your lawyer files a lawsuit in court
within the statute of limitations. Since accident victims only have five years from their accident date (in Missouri) to file a lawsuit for damages, you should act quickly after a car crash and retain skilled legal counsel to represent you as soon as possible.
Your attorney can assist you with every step of the litigation process and engage the insurance company in ongoing settlement negotiations. After completing discovery in your case, the insurance company
may be more inclined to offer you additional monetary damages to resolve your case out of court. However, if the case does not settle, your lawyer can represent you at a civil jury trial or binding arbitration proceeding and advocate for the best possible legal result in your case.
Contact a Car Accident Attorney in Your Area Right Away for More Information
If you or a person you care about recently sustained injuries in a T-bone collision, time is of the essence. By retaining skilled legal counsel to represent you right away, you significantly increase your chances of recovering the favorable monetary award you deserve through either settlement or litigation.
In addition to negotiating with insurance company representatives on your behalf, your lawyer can handle all legal proceedings and aggressively fight for your legal interests every step of the way in your case. Most importantly, your personal injury attorney in St.Louis
can fight your legal battles for you while you focus on recovering from your injuries.
Schedule A Free Consultation Today!