Side Impact Auto Accident: Determining Fault

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At Hoffman, Larin & Agnetti, our car accident lawyers bring over 40 years of experience, and millions of dollars are recovered for our clients in every case we handle. We understand the significant dangers posed by side-impact collisions, even though they are less common than front-impact crashes. Determining fault in these accidents requires thoroughly analyzing right-of-way, traffic signals, speed, road conditions (inclement weather, debris, low visibility), driver impairment, distraction, and seatbelt usage.

What Are Side Impact Collisions?

Side impact collisions, often called T-bone accidents, occur when the side of one or more vehicles is struck. These crashes are common at intersections, parking lots, and multi-lane roads where vehicles pass each other.

Why Side Impact Crashes Are So Serious

According to a 2016 study, side-impact collisions accounted for about 30% of total crashes but caused 35-45% of passenger fatalities and serious injuries, compared to 55% in head-on collisions. Even in newer, safer cars and lower speeds, side impact crashes still tend to have higher injury rates. Factors that make these collisions more serious include:

  • Fewer Built-in Protections: There is less structural protection in side impact crashes than in front or rear-end collisions, especially for passengers on the impacted side.
  • More Vulnerable Body Parts Impacted: Side impact crashes often result in more severe injuries to the chest and head.
  • Minimal Avoidance Action: Drivers may not see the other vehicle coming and thus have little time for evasive action.
  • Vehicle Size Disparity: Collisions between smaller passenger cars and larger vehicles like SUVs often result in significant damage to the smaller car.

A study by the Association for the Advancement of Automotive Medicine found that rear-seat occupants are most likely to suffer serious injuries in side-impact crashes.

Why Fault Matters in Palm Beach Car Accident Cases

Although Florida operates under a no-fault system for car accidents, determining fault is crucial in more serious accidents. If your injuries result in losses exceeding $10,000 (for wages, medical bills, etc.), you can pursue damages from the at-fault party. Side impact crashes often meet or exceed this serious injury threshold, allowing injured parties to seek compensation beyond their personal injury protection (PIP) policy limits.

Even if you are partially at fault, you can still collect damages if you are not more than 50% to blame. This is known as comparative fault. For example, if you are 50% at fault, you can collect up to 50% in damages from the other driver. However, if you are 51% at fault, you are not entitled to any compensation. This makes fault determinations critical as they directly affect how much you can recover.

Who Is Most Often At Fault in Side Impact Crashes?

Typically, the vehicle with front impact is at fault in side impact crashes. However, exceptions include:

  • A vehicle broadsided after running a red light or stop sign.
  • A driver making an unsafe left turn without yielding to oncoming traffic.
  • A driver pulling out of a driveway or parking lot into oncoming traffic without yielding.

Our experienced car accident attorneys meticulously review physical evidence (skid marks, crash damage, photographs, video surveillance), witness statements, police reports, and medical documentation.

At Hoffman, Larin& Agnetti, we leverage our decades of experience and proven track record of success to ensure you receive the compensation you deserve. Call us 24/7 at 305-653-5555, fill out the form at www.hlalaw.com, text us at 305-653-1515 or email us at [email protected] to get started on your claim.