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T-bone and sideswipe accidents can result in serious injuries. From collisions at intersections to high-speed accidents on the highway, these accidents can also occur under a variety of different scenarios, and they are almost invariably the result of driver negligence. Running red lights, ignoring stop signs, and failing to observe the rules of the road are all common factors, as are mistakes such as driving while intoxicated and texting behind the wheel.
Due to the severity of most T-bone and sideswipe accidents, victims’ losses tend to be substantial. While insurance settlement data are difficult to come by (because insurance companies like to keep this information confidential), our experience shows that victims and their families will often be able to secure significant financial awards. For example, in one recent case, we were able to secure $100,000 in financial compensation for a mother and child who suffered soft tissue injuries and required three epidural injections as a result of being T-boned by a driver who turned left on a green light.
Calculating Damages After a T-Bone or Sideswipe Accident
With this in mind, rather than focusing on average settlement figures, T-bone and sideswipe accident victims should focus on calculating their own actual financial and non-financial losses. Each case will be different, and facts ranging from your pre-accident health condition to your occupation and your years to retirement will all factor into calculating a fair settlement. Since car accident victims in California are entitled to just compensation for all of their financial and non-financial losses, factors such as the extent of your pain and suffering, the extent of any permanent scarring, and the day-to-day limitations caused by your injuries will be hugely relevant as well.
3 Key Issues in Insurance Settlement Negotiations Involving T-Bone and Sideswipe Accidents
In broad terms, there are three main issues that will determine the amount of compensation that is on the table after a T-bone or sideswipe accident. These are: (i) comparative fault, (ii) the extent of your physical injuries, and (iii) the effects your injuries have on your life.
1. Comparative Fault: California’s Rule of “Pure Comparative Negligence”
Depending on how and where the accident occurred, the other driver’s insurance company may try to blame you for playing a role in the accident. Under California’s rule of “pure comparative negligence,” an accident victim’s financial recovery can be reduced in proportion to his or her percentage of fault in the accident. So, for example, if the insurance company claims that you drifted out of your lane, you will need to counter this with evidence in order to fully recover your losses.
2. The Extent of Your Physical Injuries from the Crash
The extent of your physical injuries is one of the primary factors involved in calculating your overall claim for compensation. Not only will this determine the amount of money you need to cover your long-term medical expenses, but it will also be relevant to proving your inability to work, your pain and suffering, and various other forms of financial and non-financial harm.
3. The Financial and Non-Financial Consequences of Your Injuries
As we have already indicated, car accident victims in California are entitled to just compensation for their financial and non-financial losses. The non-financial effects of traumatic injuries can be substantial, and they can last a lifetime. As a result, many victims of T-bone and sideswipe accidents will be entitled to the most compensation for their future non-financial losses.
Call or Click for a Free Initial Consultation
If you or a loved one has been injured in a T-bone or sideswipe accident in California, we encourage you to contact us promptly for a free initial consultation. To speak with one of our experienced Glendale personal injury attorneys in confidence, please call 818-530-1300 or get in touch online today.