Breaking Down a T-Bone Accident in Southern California

T-bone side impact collisions account for about 20 percent of the vehicle collisions in California. But they account for almost half of the fatal accidents in the Golden State. Simple innovations, like heavier doors, could significantly reduce the fatality rate. But auto manufacturers keep making vehicles with thin doors, because they’re easier to open and close.

Many t-bone accidents are “who had the light” accidents in busy intersections. Driver inattention causes some of these wrecks as well. Either way, negligence or a lack of care is usually the underlying cause. More on that below.

Even if victims survive t-bone accidents, they usually sustain catastrophic injuries. The economic loss alone in these cases, primarily medical bills, usually exceeds $150,000. Additionally, these victims must deal with almost unimaginable physical and emotional pain and suffering. An experienced Los Angeles car accident attorney can obtain compensation for these damages in court. Most personal injury claims settle out of court and on victim-friendly terms.

T-Bone Crash Injuries

Emergency Room doctors usually effectively treat many car crash-related injuries, like broken bones and severe abrasions. But they don’t effectively treat subtle car crash injuries, which, in many cases, are even more severe.

Whiplash is a good example. The violent motion of a car crash causes this head-neck injury. The motion in a side-angle crash is even more violent, so whiplash is usually worse in these cases.

Initial whiplash symptoms include neck soreness and shoulder pain. Pretty much all severe crash victims are sore. Therefore, the “whiplash” red flag doesn’t increase for doctors. That’s especially true because whiplash is a soft tissue injury that X-rays and other diagnostic tests don’t detect.

Whiplash primarily affects the nerves in the cervical spine. If a doctor doesn’t immediately repair this nerve damage, whiplash could cause paralysis.

Post Traumatic Stress Disorder, an injury that affects about half of car crash victims, is another example. PTSD symptoms are very common and include:

• Depression,
• Nightmares,
• Flashbacks, and
• Anger.

If these symptoms don’t improve after a few days, or if they get worse instead of better, the victim probably has PTSD. Only a highly qualified doctor can distinguish between everyday post-traumatic stress, a condition that goes away on its own, and PTSD, a condition that requires extensive medical treatment.

Evidence Issues

As mentioned, many t-bone accidents are “who had the light” intersection collisions. These he-said, she-said cases usually don’t hold up in criminal court. But they do hold up in civil court because of the lower burden of proof.

Criminal prosecutors must establish guilt beyond any reasonable doubt. However, the Best Personal Injury Lawyer must only prove negligence or a lack of care by a preponderance of the evidence, or more likely than not. So, a little evidence goes a long way.

The car crash evidence process is much like the medical treatment process. Not all injuries are readily apparent, and not all evidence is readily apparent. Lawyers usually supplement the immediately available evidence with electronic evidence, such as surveillance camera footage. This additional evidence often tips the scales of justice in the victim’s favor.

The procedure comes into play as well. If the evidence is strong enough to survive a motion to dismiss for lack of evidence, and it usually is, the judge usually imposes a mandatory mediation requirement.

At mediation, which is a court-supervised out-of-court settlement negotiation session, both sides have a duty to negotiate in good faith. “I’ll see you in court” is not a good-faith negotiation position. Instead, both sides must compromise when necessary to make a deal. So, most victims walk out of mediation with a settlement.

Legal Issues in T-Bone Accident Claims

Unfortunately, it’s not quite that easy. Legal issues, mostly the comparative fault defense, often affect the amount of a settlement.

Essentially, contributory negligence shifts all of, or at least part of, the blame for an accident from the tortfeasor (negligent driver) to the victim. A Los Angeles personal injury lawyer has two chances to short-circuit this defense.

First, the insurance company must prove the victim’s conduct substantially contributed to the wreck. If Bill was traveling 50 mph in a 45mph zone, he was technically speeding. However, that slight excessive velocity most likely wouldn’t substantially contribute to a T-bone accident or any other crash.

Next, the insurance company must sell the same argument to jurors. Since the insurance company made the same argument during a pretrial hearing, a Los Angeles personal injury lawyer knows what’s coming, making it easier to win the argument.

California law comes into play as well. California is a pure comparative fault state. Even if the victim was 99 percent responsible for a wreck, the tortfeasor is liable for a proportionate share of damages. 

Reach out to our experienced personal injury attorneys today!

T-bone accidents are quite complex. For a free consultation with our Personal Injury Lawyers in California, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.