Side-impact accidents are also called T-bone accidents or broadside collisions. They can result in catastrophic or fatal injuries to the driver or passengers of a car that is struck. There are very few safety measures taken by car manufacturers to protect against side-impact crashes, and often a car has only a minimal barrier against the force of the striking vehicle. If you have been hurt in Dallas or the surrounding cities, the car accident attorneys at Feizy Law Office can help you bring a personal injury lawsuit to seek compensation. It is important to be represented by your own lawyer before speaking to the at-fault party's insurer.Assert Your Rights through a Negligence Claim
Often, a broadside collision happens at an intersection due to a negligent or reckless driver's failure to stop at a stop sign, yield the right of way, or stop at a red light. Sometimes speeding or improper lane changes also can lead to a collision. In some cases, side door airbags have been installed on the struck vehicle, but they are not required in all cars. If you are T-boned by another vehicle and injured, and you believe the accident was the other driver’s fault, you can bring a lawsuit based on negligence.
In a lawsuit arising out of a broadside collision, you usually need to show the other driver's negligence by proving the duty of care of the other driver, a breach of the duty, causation, and damages. Often, the other driver's attorney, hired by his or her insurance company, fights back by raising the issue of comparative negligence. This is a doctrine in which a victim’s damages are reduced by his or her degree of fault for an accident.
Texas follows a modified comparative negligence rule. Under the rule, an injured person who is more than 51 percent at fault for an accident cannot recover any compensation. If he or she is 50 percent or less at fault, he or she can recover damages up to the at-fault party's degree of responsibility.
For example, if someone is speeding through an intersection on a main thoroughfare, and a drunk driver enters the intersection from a side street without stopping at a stop sign and T-bones the speeding driver, the drunk driver may raise comparative negligence. The jury will first evaluate the total damages. Suppose that the jury finds that the speeding driver has $250,000 in damages but was 20 percent at fault. In that case, he can recover $200,000 from the other driver, but he will be responsible for $50,000 himself.
Among the compensatory damages you can recover after a side-impact accident in Texas are medical bills, lost income, out-of-pocket expenses, property damage, mental anguish, and pain and suffering. In some cases, your spouse may be able to request loss of consortium damages.Discuss Your Auto Accident Case with an Arlington Attorney
If you are seriously harmed in a side-impact accident, the at-fault party's insurer may try to limit your compensation. At Feizy Law Office, our motor vehicle collision lawyers can negotiate on behalf of Arlington residents and other individuals throughout Texas with insurance companies and adjusters. We can seek the full amount of medical treatment and compensation that you deserve. Call Feizy Law Office at (214) 651-8686 or via our online form. We represent car accident victims in Fort Worth, Garland, Plano, and Irving, among other cities.