Who is at fault in a side collision? The truth is that it is not so simple to determine, as it depends on several factors. No two collisions are the same, just as no two accident cases are the same. In this blog from the Law Firm of Abogado Dang – Accident Lawyers, we are going to delve into the important topic of how fault is determined in cases of accidents with injuries in side collisions.

But first, you need to know that if you have suffered injuries caused by the fault of a third party in Austin, you have rights. Car accident lawyers can help you get the compensation you deserve regardless of whether you have papers or not. Call us today and schedule your free consultation in Spanish. Remember: at DANG, we give insurance companies a BANG !

What does it mean to be at fault in side-impact accidents?

Side-on car accidents, also known as T-bone collisions, occur when one vehicle hits the side of another vehicle, forming a “T” shape when viewed from above. These accidents can occur at intersections when a driver fails to yield, runs a red light, or fails to stop at a stop sign and hits the side of another vehicle that has the right of way.

The consequences of such accidents can be severe, as the impact is often direct on one of the vehicle’s doors, where the occupants have relatively less protection compared to the front or rear of the car. This can lead to serious injuries, such as fractures, spinal injuries, head injuries, as well as catastrophic or fatal injuries.

To prevent side-impact car accidents, it is important for drivers to be aware of their surroundings, obey traffic signs and yield when necessary. Additionally, advanced safety technology , such as side collision warning and automatic braking systems, can help reduce the risk of side-impact car accidents.

If a person is found at fault in a side-swipe accident in Texas, they may face legal and financial consequences. These may include being required to pay for property damage to the other vehicle, as well as medical costs and other expenses related to injuries sustained by the other vehicle’s occupants.

Additionally, the concept of comparative negligence operates in Texas. This means that even if a person is found partially responsible for the accident, they may still be entitled to recover a portion of the damages if the other party is also found to be negligent.

How does a legal team determine liability in side-impact collisions?

As we previously stated, in Texas, fault in a side-swipe accident is determined based on comparative negligencelaws . Comparative negligence in Texas is a legal principle used to determine liability in accident cases. Under this principle, if a person is injured in an accident and contributed to causing the accident to some extent, they may still be able to recover a portion of the damages, even if they are found partially responsible.

The amount of recoverable damages is reduced in proportion to the amount of fault attributed to the injured person. In short, even though a person may have contributed to the accident, they can still receive compensation, but this compensation will be adjusted based on their degree of responsibility. To determine fault in side-on collisions, an assessment of the negligence of each party involved is required. This is done by considering several factors. These factors include:

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• Traffic Rules: This examines whether any of the drivers violated traffic laws, such as ignoring a stop sign, running a red light, failing to yield properly at an intersection, or failing to obey speed limits.
• Testimonies and Evidence: Information is collected from eyewitnesses to the accident, as well as physical evidence such as vehicle damage, skid marks, and speed records.
• Police Investigation: Police accident reports can provide information about the conditions under which the accident occurred, as well as any traffic violations committed by the drivers involved.
• Comparative Liability: Texas follows the principle of comparative negligence, which means that even if one driver is found partially at fault for the accident, he or she may recover a portion of the damages if the other driver is shown to have also been negligent.
• Additional evidence: This may include footage from nearby surveillance cameras, testimony from accident reconstruction experts, medical records to determine the severity of injuries, and more.

Who is at fault in side-on accidents?

Fault in side-on collisions can vary depending on the specific circumstances of each case. However, the conduct of the drivers involved is generally evaluated and several factors are considered to determine who is at fault.

Intersections

At intersections, a driver who fails to yield when required, ignores a stop sign or red light, or fails to stop properly at a stop sign could be found at fault if he or she collides with another vehicle that has the right of way.

Lane changes

If a driver changes lanes without using turn signals, checking blind spots, or making sure there is enough room to do so safely, he or she could be found at fault if he or she causes a side collision with another vehicle.

Excessive speed

Excessive speed increases a driver’s reaction time and stopping distance, which can make it more difficult to avoid a collision in an emergency. If a driver exceeds the speed limit and is unable to stop in time to avoid colliding with another vehicle at a junction or intersection, he or she could be found at fault.

Reckless driving

Reckless driving includes actions such as:

• Speeding.
• Frequent and sudden lane changes.
• Cell phone use while driving.
• Driving under the influence of alcohol or drugs.
• Running a red light.
• Passing on the right.

Any reckless behavior that endangers other drivers can lead to the driver being held at fault in the event of a side-swipe accident.

Some tips for preventing side accidents

At Abogado Dang – Accident Lawyers, we care about your safety. Therefore, we offer you the following tips for safe driving and avoiding side accidents:

• Stay alert at all times. Keep your eyes on the road and your surroundings attentive, especially at intersections and when changing lanes.
• Signal your intentions. Always use your turn signals when changing lanes or turning at an intersection to alert other drivers of your movements.
• Check your blind spots. Before changing lanes, be sure to check your rearview mirrors and look over your shoulder for vehicles that may be in your blind spots.
• Yield properly. Obey traffic signs and yield when necessary, especially at intersections, to avoid side collisions with other vehicles.
• Slow down at intersections. Slow down as you approach an intersection and be sure to come to a complete stop at stop signs and red lights.
• Maintain a safe distance. Maintain an adequate distance between your vehicle and the vehicles around you to allow sufficient reaction time in the event of an emergency situation.
• Avoid distractions. Avoid distractions such as using a cell phone, eating, drinking, or adjusting the navigation system while driving, as these can decrease your ability to react to dangerous situations.
• Drive defensively. Anticipate other drivers’ actions so you can react quickly if another vehicle makes a dangerous maneuver.
• Keep your vehicle in good condition. Perform regular maintenance on your vehicle, including checking the brakes, tires, and lights, to ensure it is in top working order.

Attorney Dang – Accident Lawyers, Experts in Side-Side Accidents

Now you know who can be at fault in a side collision and how they can be avoided. However, unfortunately accidents do happen. If you are involved in an accident due to another driver’s fault, call us today and schedule your free consultation in Spanish at Abogado Dang – Accident Lawyers. Remember: we speak Spanish and at DANG, we give the insurance companies a BANG.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.