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The sudden jolt of a car slamming into your driver’s or passenger’s side door can be terrifying. These “T-bone” accidents, also known as side-impact collisions, are unfortunately common at intersections. One moment you’re proceeding through the intersection, and the next, you’re struck with little to no warning. The consequences can be severe, leaving you with injuries, vehicle damage, and a lot of questions. This article will explain what your legal options are.

What Makes T-Bone Accidents So Dangerous?

T-bone accidents are especially dangerous because the side of a car offers less protection than the front or rear. There’s simply less metal and structural support to absorb the impact. Instead of a bumper and crumple zones, you often have only a door and a window between you and the other vehicle. This can lead to serious injuries, even at relatively low speeds.

Common injuries from T-bone accidents include:

  • Head Injuries: Your head can strike the window, door frame, or even the intruding vehicle, leading to concussions, traumatic brain injuries (TBIs), and other head trauma.
  • Neck and Back Injuries: The sudden sideways force can cause whiplash, herniated discs, spinal cord damage, and other neck and back problems.
  • Chest and Rib Injuries: The impact can fracture ribs, injure internal organs, and cause chest contusions.
  • Pelvic and Abdominal Injuries: These areas are also vulnerable to the direct force of the collision.
  • Limb Injuries: Arms and legs can be fractured, sprained, or crushed in a T-bone accident.

Why Do T-Bone Accidents Happen at Intersections?

Intersections are high-risk areas for accidents because they involve multiple vehicles traveling in different directions, often at varying speeds. T-bone accidents at intersections are usually caused by driver negligence. Some common reasons include:

  • Running a Red Light or Stop Sign: A driver who fails to stop at a red light or stop sign is a primary cause of T-bone collisions.
  • Failure to Yield: Drivers turning left often have to yield to oncoming traffic. Failing to do so properly can lead to a T-bone accident.
  • Distracted Driving: Texting, talking on the phone, eating, or any other distraction can take a driver’s attention away from the road, increasing the risk of failing to see a red light or stop sign.
  • Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of an impact.
  • Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs judgment and reaction time.

Determining Fault in Ohio T-Bone Accidents

Figuring out who caused the accident is essential in Ohio if you want to be compensated for your injuries and losses after a T-bone collision. Ohio follows a rule called “modified comparative negligence.” This rule allows you to receive compensation even if you share some blame for the accident, but only up to a certain point. You can still recover damages if you’re found to be 50% or less responsible for the crash.

The amount of compensation you receive will be lowered to reflect your share of the fault. To illustrate, imagine your total losses (medical bills, car repairs, etc.) add up to $100,000. If it’s determined that you were 20% at fault for the accident, your compensation would be reduced by 20%, leaving you with $80,000. However, if you’re found to be more than 50% responsible, you won’t be able to recover any compensation.

Regarding the right of way at intersections, Ohio Revised Code Section 4511.41(A) says that when two cars get to an intersection from different streets around the same time, the driver on the left has to let the driver on the right go first.

Evidence Used to Prove Fault

Several types of evidence can be used to determine fault in a T-bone accident:

  • Police Reports: The police report often contains important information, such as the officer’s observations, statements from drivers and witnesses, and citations issued.
  • Witness Statements: Independent witnesses who saw the accident can provide valuable testimony about what happened.
  • Photos and Videos: Photos of the accident scene, vehicle damage, and injuries can be compelling evidence. Surveillance video from nearby businesses or traffic cameras may also exist.
  • Accident Reconstruction: In complex cases, an accident reconstruction expert can analyze the physical evidence (skid marks, vehicle damage, etc.) to determine how the accident occurred.

Your Legal Options in Ohio

If you’ve been injured in a T-bone accident in Ohio due to someone else’s negligence, you have several legal options:

  1. File a Claim with Your Own Insurance Company: You can file a claim with your own insurance company, regardless of who was at fault. However, this may be limited by your policy’s coverage.
  2. File a Claim with the At-Fault Driver’s Insurance Company: This is the most common approach. You’ll file a claim with the other driver’s insurance company to receive compensation for your damages.
  3. File a Personal Injury Lawsuit: If the insurance company denies your claim or offers an inadequate settlement, you can file a lawsuit against the at-fault driver.

Damages You Can Recover

In Ohio, you can seek compensation for both economic and non-economic damages:

  • Economic Damages: These are your quantifiable financial losses, including:
    • Medical expenses (past and future)
    • Lost wages (past and future)
    • Vehicle repair or replacement costs
    • Other out-of-pocket expenses
  • Non-Economic Damages: These are more subjective and harder to quantify, including:
    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Disfigurement or disability

Ohio law limits the amount of money you can receive for certain types of losses, specifically those categorized as “non-economic damages.” Generally, the maximum amount you can be awarded for non-economic damages is either $250,000 or three times the amount of your “economic damages” (things like medical bills and lost wages), whichever is larger. However, there’s a limit: this amount cannot exceed $350,000 per person bringing the claim. If there is more than one person making a claim based off of the same incident, the limit is $500,000.

There’s an important exception to this limit. If you’ve suffered what’s considered a “catastrophic injury,” there is no upper limit on non-economic damages. Catastrophic injuries are very severe and include things like a permanent and significant physical disfigurement, the loss of a limb, or a permanent injury so severe that it prevents you from taking care of yourself independently.

Why You Should Contact an Attorney

Dealing with the aftermath of a T-bone accident can be overwhelming. An experienced car accident attorney can help you by:

  • Investigating the Accident: Gathering evidence to prove fault.
  • Negotiating with Insurance Companies: Protecting your rights and seeking a fair settlement.
  • Filing a Lawsuit: If necessary, taking your case to court.
  • Maximizing Your Compensation: Ensuring you receive the full compensation you deserve.

If you’ve been injured in a T-bone accident in Ohio, don’t hesitate to seek legal help. The attorneys at Pencheff & Fraley are here to guide you through the process and fight for your rights.

Visit our offices at:

  • Westerville – 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
  • Mansfield – 33 S. Lexington-Springmill Rd, Mansfield, OH 44906

Or call now for a free consultation at (614) 224-4114. We’re here to help you get the compensation you deserve.

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