If you have sustained injuries during a side-impact collision in Peachtree Corners, you could be entitled to monetary compensation. Pursuing legal action against the responsible driver could result in damages for your medical bills, lost wages, and other losses that resulted from the crash.
Side-impact collisions make for some of the most devastating accidents throughout the United States. According to the Insurance Institute for Highway Safety (IIHS), these collisions are the second leading cause of motor vehicle fatalities each year. An attorney from our office could assist you with pursuing a claim following a Peachtree Corners side-impact collision.
The Dangers of Side-Impact Collisions
The injuries involved in a side-impact crash can be severe and can result in monetary compensation. This is due to the significant risk of serious injury that can follow a side-impact collision.
Side-impact crashes are dangerous for multiple reasons. In many instances, these accidents can catch the injured motorist off guard. While many drivers can see rear-end collisions coming in the rear-view mirror, side-impact crashes can be harder to notice in advance.
More importantly, the structure of motor vehicles also causes these accidents to have severe consequences. For example, a forceful impact to the side of a vehicle can do substantially more damage compared to a similar impact to the rear. The side of most vehicles is designed to withstand far less force than the front or rear, which can lead to severe injuries. There are often few safety features within some vehicles that activate for side-impacts compared to head-on collisions.
If you suffered a serious injury in a side-impact collision, a Peachtree Corners attorney from our firm could help you pursue justice. A legal case against the driver responsible for hitting you could result in significant monetary compensation.
For a free legal consultation with a side-impact collisions lawyer serving Peachtree Corners, call (404) 888-8888
Who Is At Fault for a Side-Impact Crash?
Identifying the at-fault party in a side-impact collision starts with establishing that the other driver was negligent. To do so, you must meet four specific elements: breach, duty, causation, and damages. The failure to establish each of these elements will result in the denial of your injury claim.
Duty of Care
The beginning of any negligence claim involves establishing a duty of care. If the defendant in a side-impact crash lawsuit does not owe the plaintiff a duty of care, they will not face liability for any injuries they caused.
With motor vehicle accidents, proving this element is rarely an issue. All drivers owe each other the duty to operate their vehicles safely. This is especially true of drivers involved in side-impact collisions.
The next step in the process is to establish that the defendant breached the duty of care that they owed to the plaintiff. This is commonly the most hotly-contested aspect of a motor vehicle claim. If the defendant can show that they did not breach the duty of care owed to the plaintiff, they will not face any civil liability for the injuries that occurred. The most common approach is for the defendant to blame the accident on the injured driver.
A breach can involve any sort of careless or reckless action that caused a collision. With a side-impact crash, one of the most common examples involves the failure to yield at an intersection. When a driver runs a stop sign or red light, they could strike the side of the vehicle that had the right-of-way.
There must also be a link between the defendant’s negligence and your injuries. The at-fault driver in your accident is only responsible for injuries they caused through their breached duty of care.
Finally, you must establish that your injuries led to compensable damages. Not only must you prove that you suffered damages, but you also have the burden of demonstrating the amount of compensation you should receive. Many side-impact collision claims boil down not to whether you are entitled to damages, but instead how much you are owed.
Peachtree Corners Side-Impact Collisions Lawyer Near Me (404) 888-8888
Important Evidence In Side-Impact Collision Cases
Negligence cases are won and lost on the evidence. Even if you have no doubt that the other driver was at fault, what matters is what you can prove during settlement negotiations or at trial.
The following evidence could play an important role in determining fault in a side-impact crash:
- Video evidence. Easily the most powerful evidence in these cases is a video of the collision itself. This could include video recovered from dash cameras or security cameras from local businesses.
- Photographic evidence. Photos of the accident scene and the damage to each vehicle can be helpful in establishing how a crash occurred.
- Witness testimony. Some accidents occur in full view of neutral witnesses, like pedestrians or other drivers. The testimony of these witnesses could be valuable to your case if they point the blame for the accident at the defendant.
- Accident reconstruction experts. In large-scale cases, it could be helpful to enlist the assistance of an accident reconstruction expert. If the other side disputes that they caused the accident, these experts could use forensic science to make your case that they were at fault.
- Medical records. Part of building a successful claim is proving that you are entitled to recover damages. Your medical records and the associated bills could be powerful evidence of your damages at trial.
An Attorney Could Help You Recover Compensation for Your Injuries
If you suffered injuries in a side-impact crash, the team at Bader Scott Injury Lawyers is ready to assist you with your legal claim. Our attorneys have successfully recovered compensation following this type of accident, and we are prepared to put our experience to work in your case.
To learn more about working with a side-impact collisions lawyer from Peachtree Corners, call us at (404) 888-8888.