How Is Fault Determined in a Side-Impact Collision?

Side-impact collisions, often referred to as T-bone accidents, are among the most dangerous types of vehicular accidents. These crashes typically occur at intersections, stop signs, and other locations where drivers must yield the right-of-way. While traffic rules are designed to prevent such accidents, determining fault in a side-impact collision isn’t always straightforward. This article delves into the complexities of these accidents and highlights why experienced legal representation is crucial.

The Dangers of Side-Impact Collisions

Side-impact collisions are particularly hazardous due to their trajectory and the limited protection offered to vehicle occupants. Here’s why they’re so dangerous:

  • Minimal buffer zone between the point of impact and vehicle occupants
  • Increased vulnerability, especially for those on the side of impact
  • Potential for severe injuries, including:
    • Bone fractures
    • Internal bleeding
    • Spinal cord injuries (potentially leading to paralysis)
    • Acute brain trauma
    • Fatal injuries

While side airbags are becoming more common in modern vehicles, they don’t provide the same level of protection as front and rear crumple zones.

Common Causes of Side-Impact Collisions

Contrary to popular belief, the vehicle that strikes the side of another isn’t always at fault. The key factor in determining liability is which driver had the right-of-way. Side-impact collisions often result from:

  • Failing to yield right-of-way
  • Running red lights or stop signs
  • Reckless turning maneuvers
  • Speeding
  • Driving under the influence of drugs or alcohol
  • Distracted driving (e.g., using smartphones, talking to passengers)

In some cases, a third party may be at fault without being directly involved in the collision. For example, if Car A swerves to avoid Car B and hits Car C in the process, Car B might be held responsible despite not being part of the actual collision.

Determining Fault in Side-Impact Collisions

Establishing liability in a side-impact collision can be complex. The process typically involves:

  1. Police investigation at the scene, including:
    • Collecting witness statements
    • Photographing vehicle damage
    • Documenting physical evidence
    • Identifying any traffic infractions or legal violations
  2. Insurance company assessments
  3. Potential court involvement

Additional evidence that can help determine fault includes:

  • Video surveillance footage
  • Cell phone records (to prove distracted driving)
  • Expert witness testimony

Nevada’s Approach to Shared Fault in Side-Impact Collisions

Nevada follows a “fault” system for car accidents, meaning the driver responsible for the collision must compensate the victims. However, the state recognizes that multiple parties may share responsibility for an accident. This is handled through a system called “modified comparative negligence.”

Key Points of Nevada’s Modified Comparative Negligence System:

  • Insurance adjusters assign fault percentages to involved parties
  • Plaintiffs can pursue claims if they’re less than 51% at fault
  • Compensation is reduced by the plaintiff’s percentage of fault
  • Example: A driver 20% at fault can recover 80% of their damages

This system underscores the importance of seeking compensation even if you believe you may have been partially at fault for the accident.

The Importance of Timely Legal Action

In Nevada, the statute of limitations for personal injury claims, including those from side-impact collisions, is two years from the date of the accident. This limited timeframe emphasizes the need for prompt legal action to protect your rights and secure potential compensation.

How an Experienced Attorney Can Help

Navigating the complexities of a side-impact collision claim can be challenging. An experienced attorney can provide invaluable assistance by:

  • Investigating the accident thoroughly
  • Gathering and preserving crucial evidence
  • Negotiating with insurance companies on your behalf
  • Representing your interests in court, if necessary
  • Ensuring you meet all legal deadlines and requirements

Conclusion

Side-impact collisions are serious accidents with potentially severe consequences. Understanding the causes, legal implications, and your rights is crucial if you’ve been involved in such an incident. Given the complexities of these cases and Nevada’s comparative negligence laws, seeking the guidance of an experienced attorney is highly recommended to protect your interests and maximize your potential compensation.

What is a side-impact collision?

A side-impact collision, also known as T-boning, typically occurs at intersections, stop signs, and other transit situations where drivers must yield to others’ right-of-way. These accidents are considered very dangerous and often result from clear traffic rule violations.

Why are side-impact collisions so dangerous?

Side-impact collisions are particularly dangerous due to the trajectory of the crash. Unlike rear-end or frontal collisions, victims of side-impact crashes are extremely exposed to the forceful blow. Even with side airbags becoming more common in modern cars, there’s still minimal buffer between the point of impact and the vulnerable occupants.

What types of injuries are common in side-impact collisions?

Side-impact collisions can cause a range of serious injuries, including bone fractures, internal bleeding, spinal cord injuries leading to partial or full paralysis, acute brain trauma, and even death.

How do side-impact collisions typically happen?

Side-impact collisions often result from reckless behaviors such as not taking proper precautions while turning, running red lights, ignoring stop signs, speeding, driving under the influence, or distracted driving. Sometimes, a third party can be at fault even if they’re not directly involved in the collision.

How is fault determined in a side-impact collision?

Fault determination begins at the accident scene when police officers assess the situation and create a report. This includes collecting witness statements, photographing the vehicles, and documenting physical evidence. Insurance companies and sometimes courts use this information, along with other evidence like video surveillance or cell phone records, to establish liability.

Can both drivers be at fault in a side-impact collision?

Yes, it’s possible for both drivers to share blame in a side-impact collision. Nevada uses a system called modified comparative negligence to handle cases of shared fault.

How does Nevada handle shared fault in side-impact collisions?

Nevada uses modified comparative negligence, where each driver can be assigned a percentage of fault. Plaintiffs can pursue a claim as long as they’re not more than 51% responsible for the accident. Compensation is reduced proportionally to the plaintiff’s percentage of fault.

What is the time limit for filing a side-impact collision claim in Nevada?

The statute of limitations in Nevada for filing a side-impact collision claim is two years from the date of the accident.

How can an attorney help with a side-impact collision claim?

An experienced side-impact collision attorney can help sort through available evidence, build a strong case, negotiate settlements, and represent your interests in court if necessary. They can also ensure you file your claim within the statute of limitations and help you navigate the complexities of shared fault situations.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Past results do not guarantee, warrant, or predict future cases. You may have to pay the other side’s attorney’s fees and costs in the event of a loss.

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