Side Impact Accidents
Side impact accidents are also known as T-bone crashes. They occur when a car is hit on its side at a 90-degree angle, or close to it. Serious injuries may arise for a driver or passenger in the car that is hit in a T-bone collision because there is little to cushion the blow of the striking car. If you have been hurt in a car accident caused by another driver’s carelessness, you should contact the Ocala attorneys at the Dean Law Firm to pursue damages from the party responsible.Filing a Negligence Claim to Seek Damages
There are numerous potential reasons for a side impact accident, including drunk driving, distracted driving, and failure to yield at an intersection. For example, it is not uncommon for a car that runs a stop sign to strike a car that has already entered the intersection, resulting in a T-bone collision. If the driver of the striking car was negligent, you probably can sue him or her for damages.
In a negligence case, you will need to show by a preponderance of the evidence that the other driver had a duty of care, the other driver breached that duty, the breach caused the accident, and you incurred actual damages. A preponderance of the evidence means that you have shown that your version of facts is more likely than not what happened.
In some cases, your attorney will need to retain an accident reconstruction expert to determine what happened and who was at fault for the side impact collision. For example, at four-way intersections, it is not always clear to the drivers who had the right of way. Similarly, if both parties are seriously hurt, they may not have an accurate recall of what happened just before the collision. An accident reconstruction expert can review debris, property damage to the vehicle, skid marks on the road, medical records, and eyewitness testimony to find out what happened. In general it is important to retain an attorney as soon as possible because the relevant evidence decays over time.
If you successfully prove the other driver was negligent, you may be able to recover for past and future medical bills, lost income, property damage, pain and suffering, and the cost of vocational rehabilitation and household services.
In some cases, the other driver may allege that you were at fault or partially at fault for an accident. Florida is a pure comparative negligence state. This means that if you are hurt in an accident you can recover even if you were 99% at fault. However, you can recover from any party that is responsible for your accident only to the extent that the jury apportions a percentage of liability to that party. For example, if you and another driver were both distracted at an intersection, the jury may find you both 50% at fault for the accident. If the jury finds that your damages total $500,000, you would only be able to recover $250,000 from the driver who was 50% at fault.Explore Your Options after a Car Accident with an Ocala Attorney
At the Dean Law Firm, our lawyers represent individuals in the Ocala area and beyond who have been hurt in motor vehicle collisions resulting from another party’s negligence. Our clients come from communities such as Crystal River and The Villages, as well as Marion, Sumter, Lake, Citrus, and Levy Counties. We are aggressive advocates with trial experience. If negotiations with the insurer for the other driver do not result in a favorable settlement, we can try your case before a jury. Call us at 352-387-8700 or contact us via our online form.