Understanding Fault and Seeking Justice After a Side-Impact Collision in New York
When a T-bone accident occurs and causes serious injuries or damages, pinpointing who is at fault is a critical step in determining which party needs to pay. This type of car accident, also known as a side-impact collision, typically involves one vehicle striking the side of another, often at intersections. In New York, understanding the nuances of fault determination is essential for anyone involved in a T-bone accident.
What Causes T-Bone Accidents?
T-bone accidents are usually the result of a driver failing to yield the right of way, running a red light, or engaging in distracted or impaired driving. These collisions are particularly dangerous due to the lack of protection on the sides of vehicles compared to the front and rear.
Understanding Fault in New York Accidents
New York’s no-fault insurance system is designed to ensure that, after an auto accident, individuals receive prompt reimbursement for medical expenses and lost wages, irrespective of who was at fault for the accident. This system applies to drivers, passengers, pedestrians, and bicyclists alike, with the involved vehicle's insurance company covering these immediate economic losses.
In addition to no-fault coverage, New York requires vehicles to be insured with liability coverage to pay for bodily injuries, death, and property damage caused to others when the policyholder is at fault. The minimum coverage amounts are specified by the state, establishing a financial safety net for those injured due to another's negligence.
Victims must apply for no-fault benefits within 30 days from the date of the accident to cover costs like medical bills and lost wages. This component of the system underscores its aim to provide swift financial assistance to those affected by vehicle accidents.
For injuries or damages that exceed the scope of no-fault coverage, New York allows individuals to pursue further compensation through liability claims. However, New York's comparative fault rules also play a critical role here, determining the extent to which each party's negligence contributed to the accident. Compensation in such claims is adjusted based on the injured party's degree of fault. For instance, if a claimant is found 20% at fault for an accident, their recoverable damages would be reduced accordingly.
To step outside the no-fault system and seek compensation for pain and suffering, claimants must demonstrate that they have suffered a "serious injury" as defined by New York law. This threshold includes specific criteria such as significant disfigurement, fractures, or loss of a fetus. Meeting this requirement enables individuals to file a lawsuit for non-economic damages, where the comparative fault rule may adjust the compensation based on each party's degree of fault.
Who’s Liable for a T-Bone Accident in New York?
Determining who is at fault in a T-bone accident involves assessing which driver acted negligently or violated traffic laws. Commonly, the driver who failed to adhere to traffic signals or did not yield the right of way is found liable.
However, each case is unique and must be examined based on its specific circumstances. Some T Bone accidents happen in parking lots when one driver is trying to get out of a parking spot and another driver appears speeding and gets hit. In that scenario, if there were serious injuries or damages, fault would likely be split between the parties.
T-Bone Car Accident Injuries & Consequences
Victims of T-bone accidents may suffer from a wide range of injuries, from minor bruises to more severe conditions like fractures, traumatic brain injuries, and internal bleeding. The side and position of the impact and the speed at which the collision occurs greatly influence the severity of these injuries. A car going 70 mph typically does a lot more damage than one going 25 mph.
Beyond physical injuries, T-bone accidents can lead to significant emotional distress and financial burdens, like lost wages and medical bills. Property damage to the vehicles involved can also be substantial, adding to the overall impact of the accident on those involved.
Victims of T-bone car accidents in New York can seek compensation for various damages, including medical expenses, lost wages, and pain and suffering. The comparative fault rule will play a key role in determining the amount of compensation available.
Do I Need to Hire an Attorney After a T-Bone Accident?
Seeking legal guidance after a T-bone accident is advisable. An experienced attorney can help navigate the complexities of fault determination, negotiate with insurance companies, and ensure that you receive fair compensation for your losses.
Curan & Ahlers: New York T-Bone Accident Attorneys
At Curan & Ahlers, we specialize in representing victims of T-bone accidents. Our dedicated team is committed to providing the support and expertise needed to achieve the best possible outcome for your case. If you're dealing with the aftermath of a T-bone accident, contact us to learn how we can help you move forward.
Areas We Serve:
Comments