Side Impact Collision - Side Collision
There are a number of ways in which a car accident in Florida can take place. A side impact collision can also be referred to as a side collision, t-bone accident, or broadside collision. Whatever the term, a case or claim can be brought against a driver who crashes in the side of the motor vehicle which, in turn, caused personal injuries. Here are examples as to how a side impact collision can take place:
- A person fails to stop at a stop sign and causes a crash in the intersection.
- A person fails to yield at a yield sign and thereby causes an accident with another driver.
- A person runs a red light and causes a t-bone type of collision.
- A person makes a careless left hand turn into the right of way of oncoming traffic.
Based in Jacksonville, Florida, attorney David Wolf handles automobile accident cases including those involving a side impact or side collision through the State of Florida. It should be noted that fault or liability for an accident or crash can be disputed even if there is a citation issued to one of the drivers. Furthermore, fault or liability can be established even if no traffic citation is issued in the aftermath of the side impact collision. As such, the issuance or lack of issuance of a traffic citation by the investigating policy typically is not binding on the parties when it comes to a civil case or an insurance claim seeking compensation for accident related personal injuries and damages.
There are essentially four elements to a negligent case as follows:
- Breach of Duty;
Here an example to illustrate how the elements work together. Let's say a driver attempts a left hand turn at an intersection and crashes into the driver's side of the vehicle proceeding straight through the intersection. Both drivers had a solid green light and there was an independent witness to the crash who placed all of the blame or fault on the driver attempting the left hand turn. The driver of the vehicle that sustained side impact damage was rushed to the emergency room and then had 6 months of treatment with a therapist, neurologist, and pain management doctor. A final report was rendered in which the doctor diagnosed the injury victim with herniated discs in the neck. The doctor noted in his report that the injuries were casually related to the automobile accident and were permanent in nature.
Based on these facts, it appears that all four elements can be established to pursue a case or claim for personal injuries. The at-fault driver had a duty to yield the right of way to coming traffic. The driver breached this duty in making a careless or negligent left hand turn. This in turn caused the personal injuries or damages in the form of the herniated discs and related permanent injuries. Of course, the insurance companies do simply pay on claims without further analyzing the cause of the accident, the medical records, and the relationship of the crash to the injuries alleged to be caused by the crash. Prior medical records may be reviewed and the insurance companies often have their own doctors and medical experts review and scrutinize the records to defend the insurance claims.
David Wolf is the author of 10 books that focus on personal injury matters including those related to automobile accidents. He is the author of the book titled - Florida Automobile Accidents - Personal Injuries - Keys to Protecting and Enforcing Your Legal Rights. You can get this book for free by completing the form on the Contact Us page of this website.