A T-bone accident occurs when the front part of one vehicle hits the side of another. In the United States, T-bone crashes represent 13% of all car accidents. They also cause 25% of all vehicle accident fatalities annually.
If you were hurt in a T-bone accident, you may be entitled to compensation. To recover damages, you would need to determine responsibility and prove negligence. An experienced North Las Vegas T-bone car accident lawyer from Pacific West Injury Law can help you get the money you deserve.
Who Is Responsible for a T-Bone Car Accident?
Depending on the circumstances of the accident, several parties may be liable for the sustained damages.
- One of the drivers – if the driver broke a traffic law and caused the crash, they are responsible for covering the damages sustained by other parties. For example, one driver runs a red light and crashes into a car that is legally driving through an intersection.
- Driver’s employer – if the driver who caused the crash was working at the time of the accident (e.g. delivery), their employer may be responsible for covering damages sustained by another driver and passengers.
- A third driver – in rare cases, a third driver’s reckless behavior could cause one of the drivers to swerve and hit another car.
- Government entities – if the local or state government didn’t put up proper signs (e.g. stop sign) at the intersection or failed to maintain the road properly, they could be responsible for a T-bone crash.
- Pedestrians – a jaywalking pedestrian could cause one of the cars to brake and swerve suddenly. In this case, the pedestrian may be found partially responsible.
- Manufacturers – if you can prove that the vehicle’s manufacturer negligently installed a faulty part (e.g., brakes, steering column) that caused the crash, you could sue them for product liability.
To determine who is responsible for the T-bone accident, you may need to take photos, speak to eyewitnesses, request intersection camera recordings, and obtain police reports. An in-depth investigation may reveal that the liability isn’t as straightforward as it may seem.
By hiring a T-bone car accident attorney in North Las Vegas, you are taking a significant step toward proving liability. With legal assistance, it’s much easier to find responsible parties and file a claim with the right insurance company.
How Comparative Negligence Works in Nevada
Nevada is a modified comparative negligence state. It means that the amount of damages you can recover depends on your liability percentage. However, if your fault is over 50%, you can’t count on any compensation. Here is how it works.
For example, driver A runs a red light, and T-bones driver B who is speeding. Driver B sues driver A for $10,000 in damages. The judge determines that driver B is 20% responsible for the accident. Accordingly, driver B can only recover 80% of $10,000.
The fault can be shared by more than two parties. The total liability percentage of all responsible parties should add up to 100%.
Proving Fault in a T-Bone Car Accident
Once you figure out who bears responsibility for the T-bone accident, you have to prove it. To do that, you would need to:
- Gather evidence (photos and videos of the accident scene).
- Speak to eyewitnesses.
- Hire expert witnesses to recreate the accident.
- Evaluate vehicle defects.
- Obtain and study the police report.
Ideally, you should take photos and speak to witnesses at the site of the accident. If you were too hurt or shocked to do this, your attorney can follow up and gather evidence as soon as you hire them.
Waiting to hire a T-bone car accident attorney could cause the evidence to expire and witnesses’ memories to blur. That’s why contacting a North Las Vegas T-bone car accident lawyer as soon as possible is important to building a solid case.
Proving Negligence in a T-Bone Car Accident
Knowing who is responsible for the car accident isn’t sufficient to recover personal injury damages. To do that, you would need to prove that the at-fault party acted negligently.
Demonstrating negligence involves proving its four aspects:
- The legal duty of care
- Breach of the legal duty of care
You would need to show that the at-fault party had a duty to act reasonably on the road but failed to do so. Then, you would need to demonstrate that the crash caused injuries that led to damages.
Damages in a T-Bone Accident Case
Once you prove liability and negligence, you can seek these damages:
- Economic – medical bills, loss of earning capacity, lost wages, surgery expenses, property damages, expenses, etc.
- Non-economic – pain and suffering, mental anguish, loss of consortium, loss of enjoyment of life, etc.
- Wrongful death damages – pre-death medical expenses, funeral and burial costs, and a loss of inheritance, companionship, support, etc.
In some cases, a judge may award punitive damages. This can happen if the court decides that the at-fault party acted extremely recklessly.
Time Limits for Filing a T-Bone Car Accident Claim in Nevada
If you’ve been hurt in a T-bone accident, you have a limited amount of time to file a claim. In Nevada, the statute of limitations for personal injury cases is two years from the time of the accident.
If the injury isn’t obvious immediately, you have two years from the time of reasonable discovery to file a claim. While some exceptions to the statute exist, you shouldn’t wait too long to file a claim. If you are delaying legal action because you are recovering from severe injuries, consider hiring an attorney.
A T-bone car accident lawyer in North Las Vegas can file claims and lawsuits on time while providing valuable assistance throughout the entire case.
Contact an Experienced North Las Vegas T-Bone Car Accident Attorney Today
If you’ve been injured in a T-bone accident, you have to prove your right to compensation. Doing this without legal assistance can be complicated, especially while you are recovering from your injuries.
At Pacific West Injury Law, we have a team of T-bone accident attorneys who is ready to help with your case. Call us for a free consultation today.