There are a number of bad outcomes that are possible with a side-impact collision. Vehicles involved in these accidents typically suffer substantial damage and, in some cases, roll over. These accidents frequently result in devastating or fatal consequences for drivers and passengers alike.
Side-impact crashes are more dangerous than most typical collisions due to the weakness of the side panel. Other than the roof, the sides of the vehicle are its weakest area. According to the National Center for Biotechnology Information (NCBI), injuries are far more severe in these accidents due to the limited ability of the vehicle’s side to absorb an impact.
If you suffered injuries in a side-impact crash, you deserve to be compensated by the at-fault party. The attorneys of Ben Crump Law, PLLC can help you obtain a measure of justice as well as the compensation you deserve from the responsible party. To learn how we can help, consult with a Fresno side-impact collisions lawyer as soon as possible. For a free consultation, call (800) 598-7557.
Factors in Side-Impact Collisions
Side-impact collisions can occur for many different reasons. That said, most of these accidents result from some kind of driver error. According to the National Highway Traffic Safety Administration (NHTSA), approximately 94 percent of all accidents stem from some form of driver error. When these accidents occur due to the carelessness of another driver, you could be entitled to monetary compensation. Some of the factors that can bring about a side-impact crash include:
- Failure to obey traffic signals. Most side-impact crashes occur within intersections. Typically, one of the drivers involved in a side-impact crash fails to yield to a red light at the time of the collision.
- Distracted driving. Distracted drivers frequently cause side-impact accidents. When a motorist takes their eyes off the road to read a text or change the radio station, they are more likely to collide with another motorist.
- Speeding. A motorist that travels at unsafe speeds lacks the reaction time needed to avoid a side-impact crash.
- Poor weather conditions. Inclement weather can reduce the amount of time a motorist has to bring their vehicle to a stop. Wet or icy conditions are especially likely to lead to a crash.
You could be entitled to a monetary award if any of these factors led to your side-impact crash. However, simply suffering injuries in a car crash is not enough to secure the financial award you deserve. You must first establish that the other driver involved in the crash acted negligently. A Fresno side-impact collisions lawyer can help you make a case for negligence. Contact Ben Crump Law, PLLC to learn more.
For a free legal consultation with a side-impact collisions lawyer serving Fresno, call (800) 598-7557
Making a Case for Negligence
There are four steps to proving any negligence claim. In a side-impact collision, you must first establish that the other driver owed you a duty of care. This is straightforward in an accident, as every motorist owes each other a duty to drive safely.
The second element requires proof the other driver breached their duty owed to you. This is often the central contention of any side-impact crash lawsuit. In general, proving breach requires that you show the other driver caused your injuries through a series of careless, reckless, or intentional acts. Any of the facts described above, including running a red light or driving while intoxicated, could serve as proof that the duty was breached.
The third step in proving negligence involves causation. The driver that caused your injuries is only on the hook for your losses that stem directly from their breach. You must provide a causal link to any damages you are pursuing.
Damages are the final aspect of a negligence claim. These damages typically come in two forms, economic and non-economic damages. Economic damages are the objective losses that include medical bills or lost wages. Non-economic damages are subjective and include things like compensation for pain and suffering. You are not entitled to a monetary award unless you can establish you suffered damages.
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Resolving a Side-Impact Crash Claim
When you move forward with a side-impact collision lawsuit, there are essentially two ways you could obtain your desired outcome. The first is through a negotiated monetary settlement. The second is by prevailing at trial.
Many people that pursue a legal claim after an accident assume their case will definitely go to trial. The reality is that the vast majority of cases will never go in front of a jury. Most personal injury claims are resolved through a negotiated settlement. It is vital to obtain a reasonable settlement offer for your claim, as you only get one shot at resolving your case. Along with your settlement comes a release of your claim. This will prevent you from pursuing compensation from the at-fault party a second time.
Some cases will ultimately result in a jury trial. In that case, your best option is to obtain a verdict at trial for the amount of compensation you deserve. The good news about a trial verdict is that they are often for more than the amount of compensation offered by the other driver’s insurance company. The bad news is that you are not guaranteed to collect every dollar you are owed on that judgment.
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You Could Recover Compensation from Your Side-Impact Collision
It may take substantial time, effort, and money to get back to the quality of life you enjoyed before your accident. While a civil lawsuit cannot heal your injuries or undo the suffering you experienced, it can provide you with the financial compensation you need to make the most of your life going forward.
Let the team at Ben Crump Law, PLLC evaluate your side-impact collision lawsuit. To get started, call (800) 598-7557. Get connected with a Fresno side-impact collisions lawyer and we will protect your rights.
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