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Side impact collisions often seem to come out of nowhere. The victims are driving along when, without warning, another vehicle slams into their side, often causing severe damage, injury, or death.
Nordean Law handles side-impact collision cases. To win, we must develop the evidence proving the other party’s negligence and your damages. Contact Nordean Law to discuss your legal options.
Side impact collisions occur when one vehicle strikes another on the side. The front, rear, and doors can be affected. When a car crashes into the door of another, the occupants are vulnerable to severe injuries and may be killed.
If you or your loved one gets injured in a side-impact collision accident, contact our office online or call 888-527-1267 to schedule your free consultation with an experienced car accident lawyer in Orange County. Our law firm handles car accident cases on a contingency fee basis, which means we don’t get compensated if you don’t get compensated. And also, when we win the valuable cases of our clients, we pay them.
A study by the National Highway Traffic Safety Administration (NHTSA) determined that 94% of all crashes occur due to driver error. However, even careful and skilled drivers make mistakes; sometimes, one minor lapse spells disaster.
Humans could be better at maintaining focus and making judgments when they grow tired. Also, people are prone to boredom when completing a repetitive task like driving. As a result, they may find it impossible to maintain vigilance.
The solution to human error may come from autonomous cars and trucks. Run by computers that never tire and have flawless reactions, these scientific marvels may soon eliminate 94% or more vehicle accidents.
But until robots rule the roads, we will continue to see countless sideswipe accidents. These accidents occur for many reasons, with the following the most common:
Side-impact collisions can cause severe injuries when the impact crushes occupants. Many side-impact crashes are fatal for the occupant sitting in the seat where the direct impact took place. All drivers should take pains to avoid side-impact collisions.
A side-impact collision personal injury victim can sustain injuries ranging from minor to severe to fatal. Some of the common side-collision injuries Nordean Law sees include the following:
The families of deceased victims often file wrongful death lawsuits against the at-fault driver. Wrongful death claims are lawsuits to compensate the survivors for their loss financially. Though no lawsuit can undo the tragedy, the family can at least receive an award for lost income, lost relationships, and grief.
Fault for a side impact collision varies according to the circumstances. Unlike rear-end collisions, there is no strong presumption of liability based on the vehicle’s position. Instead, investigators must review the totality of the situation and what led to the crash before deciding.
Some side-impact cases are obvious and one-sided. For instance, if a drunk driver runs a red light and sideswipes a vehicle legally crossing the intersection, there is little room for doubt about who is at fault. In a case like this, the plaintiff should receive 100% of his proven and punitive damages.
California’s pure comparative negligence law reduces some awards.
Under comparative negligence, each party to the accident is assigned a percentage of the liability between 0% and 100%. In the case of a drunk driver running a red light and sideswiping another vehicle, it is not unusual for juries to decide the plaintiff has 0% liability and the defendant 100%.
In other cases, the jury may find the plaintiff partially responsible. For instance, the defendant may have caused the accident, but the plaintiff may have contributed by speeding. In that case, a jury may assign the plaintiff 20% liability and the defendant 80%. When the plaintiff is partially at fault, his award is reduced by the percentage of liability the jury assigns.
Side-impact accident victims can seek economic, general, and punitive damages. Economic damages cover the direct cost of the accident, including the following:
General damages cover the intangible impacts of the injury, including the following:
Courts would award punitive damages only if the defendant acted in a heinous manner. For instance, a drunk driver who runs a red light, swipes a vehicle and kills an occupant could face punitive damages. On the other hand, accidents attributable to mistakes made by law-abiding motorists usually have no basis for punitive damages.
California law permits personal injury victims to seek three types of damages: Economic, general, and punitive. Economic damages cover the direct financial impact of the accident and usually include the following:
General damages are the non-economic impacts of the accident and include the following:
Courts rarely award punitive damages, but for them to apply, the defendant must have acted egregiously.
Nordean Law understands the pain and devastation a side-impact collision can have on the victim. Pain, debilitation, disability, and a diminished life often result.
Do not accept less than your total damages. Settling for fewer means, you are never made whole. Nordean Law’s legal team will investigate your claim, build an undeniable case, and fight to win everything you deserve.
Contact Nordean Law for a free consultation.