Determining Liability for a Side-Impact Crash: An Essential Guide

Side-impact collisions are an especially dangerous type of crash. Since the damage is to the side of the vehicle, as the name implies, there is little protection provided to vehicle occupants. The resulting injuries are often catastrophic, requiring victims to undergo significant medical care and a lengthy recovery.

Were you injured in a side-impact or T-bone crash in Ohio? If so, we encourage you to call our trusted law firm for legal help right away. Our experienced auto crash lawyers in Cleveland are prepared to answer your questions and determine who may be liable for your medical costs and other losses.

The article below discusses how liability is determined for side-impact collisions. We also cover how these crashes often happen and the types of injuries that may result.

What Is a Side-Impact Collision?

A side-impact car accident occurs when the front of one motor vehicle crashes into the side of another vehicle. These collisions, nicknamed T-bone crashes, often happen at intersections when another vehicle crosses the path of oncoming traffic.

How Do Side-Impact Crashes Often Happen?

Side-impact collisions are typically the result of driver negligence, such as running a red light or failing to obey a stop sign. Here is a common scenario that could result in a T-bone crash:

• A driver approaches a signal that just turned red
• The car opposite that driver in the intersection has a green light or a turn-signal and is in mid-turn
• The red-light runner, going too fast already, smashes into the side of the turning vehicle.

How Is Liability Determined for a T-Bone Crash in Ohio?

In Ohio, like other states, drivers legally owe a duty of care to others sharing the road. This legal duty includes taking reasonable steps to avoid doing something that could foreseeably harm to others, such as violating a traffic law.

 To determine liability for a T-bone crash in Ohio, crash investigators will need to look at multiple factors that may have contributed to the incident, including:

• Traffic light status at the time of the crash
• Any right-of- way violations that occurred
• Whether one or both drivers were speeding
• Was either driver texting or otherwise distracted at the time
• Whether impairment due to alcohol, drugs or other substances played a role
• Poor vehicle maintenance
• Malfunctioning traffic light
• Failure to yield at a stop sign or four-way stop
• Speeding
• And more

Drivers who were negligent in some way, such as a red-light runner, would likely be liable for damages if a crash resulted.

Could Multiple Parties Share Liability for a Side-Impact Crash?

Yes, multiple parties could share liability for a side-impact crash in Cleveland. As in most crash situations, liability for a side-bone crash is not always straightforward.

It is common to think of these accidents involving two drivers and one at-fault party. However, the reality can be more complex. For example, if one driver ran a red light but the other driver was speeding, both drivers might share fault for the collision.

Other parties could be liable as well, including:

• Car Manufacturer: Though rare, a car manufacturer might be responsible if faulty brakes or some other defective auto part contributed to the crash.
• Vehicle Owner: Such as if the owner failed to maintain the vehicle’s brakes
• Bar Owner: A bar could sometimes be liable if they knowingly overserved a drunk driver who caused the accident.

In these cases, Ohio’s laws allow for the responsibility to be divided among all parties who contributed to the crash, potentially increasing the sources of compensation for victims.

What If I Share Fault for a Side-Impact Crash in Ohio?

That is not as uncommon as you might think. Ohio follows a “modified comparative negligence” rule. Under this law, if you may still be eligible to recover compensation for your losses as long as you are less than 51 percent at fault.

The caveat to that, however, is that any monies awarded to you for damages will be reduced by your percentage of fault.

For example, if you are assessed with 20 percent of the total fault, you may only be able to recover 80 percent of the total damages.  However, Friedman, Domiano & Smith will advise you as to whether or not such a comparative split is even applicable to your case.

Evidence That Could Help Support Your Claim

Crash scene investigators will look at various types of evidence, such as skid marks and vehicle damage. The information they recover may provide more clarity about events leading up to the impact.

Video footage, such as from a traffic camera or dashcam, if available, is hard to dispute. It can show things about the side-impact collision that neither driver involved may have noticed.

For example, the driver running the red light may believe he or she is fully at fault for the crash; however, the reality might actually be that fault is shared. This situation could occur, for example, if the driver who had the right of way was speeding. This is a factor which could have limited either driver’s ability to react and avoid a crash.

Other evidence may stem from documentation in your police or accident report. If you were lucky and a credible bystander saw what happened, his or her witness statement could provide additional evidence, helping to build a strong case on your behalf.

Why Seek Legal Help After a Cleveland Side-Impact Collision?

Even when you are fairly sure the other driver is to blame for the crash that caused your injuries, you still have to prove it. This means first proving the other party was negligent in some way. Then you must establish how that negligence resulted in the crash that caused your injuries and resulting damages.

When Friedman, Domiano & Smith manage your case, your legal rights and best interests will be fiercely protected. We assist injured victims every day and know how to develop a strategy that will help ensure a favourable outcome for your claim.

If you have a case and our firm represents you, we will also:

• Assess the full extent of damages and injuries you sustained
• Determine liability for your crash, even in complex side-impact scenarios
• Handle insurance company tactics and negotiations
• Meet Ohio’s statute of limitations for filing claims
• Calculate full and fair compensation for medical bills, lost wages, and other losses
• Gather and preserve critical evidence
• Represent you in court if a fair settlement cannot be reached

What Common Injuries May Result From a Side-Impact Crash?

Side-impact crashes often result in severe injuries due to the limited protection the side of a vehicle offers. Common injuries may include:

• Traumatic brain injuries
• Neck and spinal cord injuries
• Broken ribs and internal organ damage
• Pelvic and hip fractures
• Shoulder and arm injuries
• Facial lacerations and fractures
• Soft tissue injuries (whiplash)

These injuries can range from minor to life-threatening and may require extensive medical treatment and rehabilitation.

Need Legal Help After a T-Bone Crash? Call Our Trusted Law Firm Today

At Friedman, Domiano and Smith, we understand the devastation and hardship that often results from being in a severe collision and want to help.

Contact our law offices to request a free initial consultation. We are prepared to answer your questions and determine potential legal options.

If we represent you, there are no upfront costs or fees to pay.