Side-impact collisions are among the most common types of car accidents, often resulting in devastating injuries to those involved. Fortunately, you may be able to collect substantial compensation following this type of wreck if you can prove that another driver was at fault for the collision. However, this can require a thorough understanding of the law and the ability to fully investigate the incident.
An accomplished DuBois auto collision attorney could use his or her knowledge and experience in these matters to help people who suffer harm after side-impact car accidents in DuBois. Our team is prepared to take every necessary step to protect your legal rights and pursue the compensation that you deserve.
Limits on Compensation After a T-Bone Collision in DuBois
T-bone accidents occur whenever the front of one vehicle makes contact with the side panel of another car. In order for someone in DuBois to recover compensation, he or she must prove another person is responsible for the side-impact collision and the resulting losses.
Courts in Pennsylvania and throughout the Commonwealth follow a rule of modified comparative negligence, in assigning fault for accidents. According to 42 P.S. § 7102, courts must evaluate the actions of all parties and assign blame to each person’s actions. A plaintiff’s award will be reduced by the percentage of the plaintiff’s own blame for causing the collision. For example, if a plaintiff is found to be ten percent at fault, then the award will be reduced by ten percent, while still allowing the plaintiff to recover the remaining 90 percent. If a court believes that an injured plaintiff was more than 50 percent at fault for the incident, then the plaintiff will receive no compensation.
Another potentially limiting factor in T-bone accident case compensation is the type of car insurance that a claimant carries. A limited tort policy means that a person can only make a recovery for noneconomic damages (such as pain and suffering) if one of certain exceptions are met. One possible exception is a situation where the plaintiff’s injuries are substantial enough to constitute a “serious injury”. If a plaintiff cannot meet any of the exceptions to the limited tort rule,, the claimant may only be able to recover economic losses (such as lost wages and any unpaid medical bills). In contrast, a full tort policy allows a person to sue an at-fault driver for the full extent of his or her losses.
Who Could Be Responsible for a Sideswipe Wreck?
In some instances, more than a driver may be liable for a sideswipe collision in DuBois. If the accident was due to defects in the roadway, the government entity responsible for keeping roads safe may bear liability.
In situations where a driver T-bones another motorist while in the course and scope of his or her employment, a local attorney could potentially pursue an action against the at-fault driver’s employer. A concept called vicarious liability means that employers are responsible for the actions of their employees while those employees. This means that a large company may be a joint defendant in a lawsuit that demands full compensation for a person’s losses.
Reach Out to a DuBois Attorney After a Side-Impact Accident
If you or a loved one were hurt in a side-impact car accident in DuBois, you are likely facing substantial personal and financial losses. The sides of vehicles do not offer much protection to its occupants, and collisions can result in severe head and spine trauma. Our attorneys at Marcus & Mack understand the impact this type of wreck can have on your family and are prepared to assist you in any way we can. Call our office today to schedule your initial consultation.