Side Impact Accidents
The law firm of Frankl & Kominsky represents numerous West Palm Beach residents harmed in side impact accidents. Our car crash attorneys offer aggressive advocacy to individual victims and their families. We have assisted countless people hurt by the carelessness of other drivers in recovering damages for their injuries. We can help you seek an appropriate amount of compensation if you were harmed in a side impact accident.Side Impact Collisions
Side impact crashes, also called T-bone collisions, frequently result in serious injury to drivers and passengers. A car’s front and rear can act as a buffer during some accidents, but the sides of a car have little space to absorb the impact of another vehicle. Side airbags and stronger side structures can help protect a driver or passenger in this type of collision, but they will not prevent all injuries.
Side impact crashes can cause head trauma and internal organ damage. These collisions can also be fatal. The National Highway Traffic Safety Administration reported that the initial point of impact in 17 percent of fatal Florida passenger car crashes were the right and left sides of the vehicle.Protect Your Rights Against a Negligent Driver
If you were hurt in a side impact accident, you can hold the driver who struck you liable for your injuries. You can initiate a lawsuit based on negligence. By establishing the elements of this claim, you can potentially recover damages related to your injuries.
A party may be negligent if he or she fails to act with reasonable care. In Florida, all drivers are required to use care on the road. When someone fails to meet this obligation, his or her actions or omissions constitute a breach of that duty. Some ways in which a driver can violate the duty of care often lead to a side impact crash. For example, he or she may:
- Speed through a light at an intersection;
- Fail to yield the right of way; or
- Drive while distracted, such as while texting or eating.
The defendant’s breach must have caused the accident in which you were hurt. In other words, there must be a close enough link between the careless conduct and your injuries for you to hold the other driver liable for damages. These may include compensation for medical bills, lost wages, loss in earning capacity, property damage, pain and suffering, and more. You have four years from the day the accident occurred to file an injury claim in Florida.
If you lost a family member in a side impact crash, you can bring a wrongful death lawsuit. You can seek compensation for your relative’s medical costs, funeral and burial expenses, and loss of companionship, among other types of harm. The statute of limitations for wrongful death claims in Florida is two years.Intoxicated Motorists
Side impact accidents are sometimes also DUI crashes. If an intoxicated driver caused your injury, he or she may be liable under the doctrine of negligence per se. This rule may hold a defendant responsible for harm that results from his or her violation of a law that was enacted to protect a certain group of people against a particular type of harm. Florida prohibits drunk and drugged driving. If someone gets behind the wheel while under the influence of these substances, he or she may be liable under negligence per se. You do not have to prove that the driver had a duty of care or that he or she breached the duty if you use this theory, but you still have to show causation and damages.Auto Accident Attorneys Serving Injured Residents of West Palm Beach
The auto accident lawyers at Frankl & Kominsky are prepared to help you fight for compensation if you were hurt in a side impact collision in West Palm Beach or a nearby community. Our attorneys provide diligent legal representation in all types of injury cases. We can aggressively pursue your right to damages against the driver who caused your harm and their insurer. We serve clients throughout Palm Beach County, including in Delray Beach, Boca Raton, and Palm Beach Gardens. Please give us a call at (855) 800-8000 for a free consultation, or you can complete our online form. We are fluent in Spanish and Creole.