Can Both Drivers Be Liable in a Side-Impact Crash?
Each year, roughly 8,000 people die and 27,000 people are injured in side-impact crashes. A side-impact crash, also known as a T-bone accident, occurs when one vehicle collides with the side of another. Given that side airbags primarily protect the upper body and head, these types of accidents commonly cause torso and lower extremity injuries. While it may be simpler to assume that one person is to blame, in many cases, both drivers may share some degree of responsibility.
At Raybin & Weissman, our car accident attorneys understand the challenges of proving fault in a collision. Taking into consideration the complexities of a side-impact collision, you will want aggressive counsel to demonstrate the at-fault driver’s liability, supporting your lack of accountability.
What if Both Drivers Broke the Law in a Side Impact Collision?
In a T-bone collision, both motorists can share fault. However, fault is rarely equally divided between two or more parties. For example, driver A fails to yield right-of-way while taking a left turn, colliding with driver B, who is traveling straight. At face value, the driver who failed to yield may be liable.
However, an investigation reveals that the driver traveling straight was going twenty miles per hour above the posted speed limit. Aside from driver B’s excessive speed being grounds for a reckless driving charge, it is clear that both drivers violated state traffic laws.
In assigning fault, the insurance company will examine all available evidence, including the police report, photographs and/or videos, physical evidence, and eyewitness testimony. From this evidence, a claims adjuster will assign a percentage of fault to each motorist. Your claim will be reduced by your degree of fault.
So, if you submitted a property damage claim for $25,000, but you are deemed 40% at fault, you will only receive a payout of $15,000 (60% of $25,000). When very little evidence or a large amount of evidence is available, it will take the insurance company longer to come to a decision.
Modified Comparative Negligence in Nashville
Under the state’s modified comparative negligence law, if one party is more than 50% liable, they will be barred from recovery. Sadly, the insurance company will make every effort to pin additional liability on you to avoid paying. Even if you know for sure that this liability is being wrongfully assigned, you need someone who knows the law who can advocate on your behalf.
We inform insurance companies that we will take your case to court if they repeatedly offer low settlements. Each state has its own rules of evidence when it comes to the admissibility of evidence in court. Under Tennessee law, a police report is generally inadmissible at trial since it is considered hearsay (a second-hand account of the event). However, the officer can be called to testify and describe what they saw when they responded to the scene of the crash.
While you may feel that you can handle gathering and presenting evidence in court, our Nashville car accident lawyers will know what motions to file to help you obtain the most compensation for your car accident case.
Nashville Car Accident Attorneys Fighting for the Compensation You Deserve
A side impact crash can result in serious injuries, forcing individuals to miss work to tend to their health. At Raybin & Weissman, our personal injury team knows the impact that a motor vehicle collision can have on an individual and their family. Our legal team is dedicated to helping injured parties reclaim the entirety of their physical, emotional, and financial losses, no matter how challenging the process may be. To get started, feel free to reach out to one of our Nashville car accident lawyers online or by phone at (615) 256-6666.