A side-impact crash happens when the front end of one vehicle directly collides with the side of another. As a result, they form a “T,” which is why side-impact crashes are sometimes called T-bone accidents.
If you or your loved one live in Fort Worth, Texas, and suffered injuries from a T-bone accident, call Ben Crump Law, PLLC, at (800) 959-1444 for help. Your Fort Worth side-impact collisions lawyer can help you understand your legal rights and seek compensation if you are entitled to it.
What You Need To Prove in a Side-Impact Collision Case
When filing a claim or suit against a negligent driver, you will need to provide evidence of the following:
Prove You are Not at Fault
You could win a negligence claim if you prove that the law required the other driver to take reasonable care while using the road, but they breached that duty, causing your injuries and damages.
Side-impact collisions typically occur at intersections, parking lots, and on highways when drivers change lanes. Your lawyer will look at all the factors that caused the other driver to crash into you. They might try to determine if the driver was speeding, intoxicated, or distracted, among other negligent behavior.
While obtaining testimony from the other driver may not help prove their negligence, the police report and their statement may yield evidence that supports your claim. If there are individuals who saw your accident, their testimony could also be compelling evidence that convinces the court or insurance company that the other driver was at fault, not you.
Your Fort Worth side-impact collision lawyer may even find out whether the other driver had citations or restrictions on their license at the time of the accident, which could also help your case.
Prove the Other Driver was Negligent
In Texas, if two parties are involved in a vehicular accident, insurance companies use non-comparative negligence to assign fault. The court holds each party liable for their percentage of fault, also called proportionate responsibility, under Texas Civil Practice and Remedies Code Title 2, Chapter 33.A. However, the court will revoke your attempt to receive compensation if it finds that you are more than 50% responsible for the accident. On the other hand, if the collision was not more than half the fault of you or your loved one, you are entitled to compensation.
To win a favorable settlement, however, you will need to present sufficient evidence to the court. Furthermore, you will have to argue your case against the plaintiff and their lawyers convincingly. Having what it takes to win in court can be challenging to do on your own.
By securing the services of a Fort Worth side-impact collisions lawyer, you can focus on your health and well-being while they handle the legal battle.
Prove Your Injuries Were from the Side-Impact Collision
All users of the road have a duty of care to drive safely and avoid causing injuries to others. When a driver breaches that duty of care and displays negligence, they could be held liable for a resulting accident as well as the subsequent injuries. However, you will still have to prove that if it were not because of the collision, the injuries would not happen.
Depending on the rate of speed and safety features of the vehicles involved in the crash, resulting injuries can vary dramatically. However, neck and spine injuries are among the most common, but crash victims also tend to suffer injuries to the face, abdomen, and pelvis caused by shattered auto glass.
The courts or the insurance company will investigate the accident and review numerous articles of evidence, such as photographs or video from the accident scene showing the position of the vehicles in the aftermath. They will also assess road and weather conditions, and even traffic signals or lack thereof that could have played a role in the mishap.
An experienced lawyer can gather these and other evidence from the crash site and even work with forensic experts to reconstruct the accident, all of which serve to sway the judgment in your favor.
For a free legal consultation with a lawyer serving Fort Worth, call (844) 638-1822
State Laws That Can Impact Your Case
If you or your loved one have suffered an injury as a result of a car collision, it is crucial to know how the following laws can apply to your situation.
Statute of Limitations
Under the State laws of Texas, you only have two years from the date of the car accident (Sec. 16.003) to file a personal injury or property damage complaint against the negligent driver.
However, this statute of limitations has some exceptions, one of which extends the deadline when the person who suffered an injury is under 18 years of age at the time of the accident. For example, if a 10-year-old child is injured in a side-impact collision, the statute of limitations is delayed until that child turns 18.
Statutory Damage Caps
Unlike in other states, there are no caps in Texas when it comes to damages arising from personal injury cases in an auto accident.
If you suffered an injury from an accident due to the negligence of another driver, you make a claim to cover the cost of your losses from the accident as well as for pain and suffering brought on by the injury.
Personal Injury Lawyer Near Me (844) 638-1822
We Are Here To Represent You
At Ben Crump Law, PLLC, we have Fort Worth side-impact collisions lawyers waiting to assess your case to determine how we can help. We strongly believe that if someone injured you or your loved one on the road, you should not be left to deal with the trauma, medical expenses, and possible loss of income on your own.
Call our office today at (800) 959-1444 for a free consultation and find out your legal options and the possible compensation you can receive.