A T-bone accident, also referred to as a broadside or side-impact collision, is one of the deadliest types of car accidents reported in Albuquerque. Under New Mexico law, anyone who is injured in a T-bone accident may be entitled to recover financial compensation for related medical costs and property damage from the at-fault party.
If you or a loved one has been injured in a T-bone accident in Albuquerque, find out how an Albuquerque car accident attorney from The Fine Law Firm can help you seek justice and fair compensation.
How Can an Albuquerque T-Bone Collision Lawyer Help You?
A T-bone accident could cause serious or catastrophic injuries that will affect you for the foreseeable future. Unfortunately, a car insurance company will not want you to recover maximum compensation for your past and future losses connected to a T-bone accident, even if you have never missed a premium payment.
You may need to hire an attorney to represent you during the insurance process to achieve a fair financial recovery. Your attorney can take over communications with a car insurance company on your behalf to argue for a just settlement. If necessary, your lawyer will be prepared to take your T-bone accident case to trial.
Perhaps most importantly, hiring an attorney can give you peace of mind during this challenging time. Your lawyer can help you obtain the medical care that you need and make sure your family has everything necessary to recover from the accident as much as possible. You can trust your attorney to protect your rights and best interests throughout your T-bone accident case.
What Is a T-Bone Accident?
A T-bone accident is a specific type of motor vehicle collision where the front of one vehicle crashes into the side of another. The two vehicles will crash perpendicular to each other, or in the shape of a capital “T.” A T-bone crash could impact the driver or passenger side of the vehicle struck.
T-bone accidents are particularly dangerous since the force from the striking vehicle is exerted directly onto the driver or passenger of the car that is hit. Unlike a car accident that impacts the front or back of a vehicle, one that connects with the side does not have a buffer between the victim and the point of impact. This can result in more serious injuries.
The side of a vehicle contains fewer safety features for occupants than the front or rear of the car. Common injuries suffered in T-bone or side-impact collisions include broken bones, spinal cord injuries, traumatic brain injuries, whiplash, internal injuries, lacerations and scarring, and amputations. Sadly, many T-bone collisions are fatal for one or more parties involved.
How Do T-Bone Accidents Happen?
T-bone car accidents are most common at intersections, where one driver fails to yield the right-of-way to another. This can lead to the two motor vehicles intersecting or colliding with each other, rather than one proceeding ahead of the other at different times.
Common causes of T-bone accidents include:
- Running a red light or stop sign
- Making an improper left-hand turn
- Misjudging the speed or distance of an oncoming car
- Failing to yield the right-of-way
- Ignoring traffic signs or signals
- Speeding or racing
- Reckless driving
- Distracted driving
- Driving while impaired
- Drowsy or fatigued driving
- Inexperienced driver
While driver error is the most common cause of T-bone accidents in New Mexico, vehicle defects can also contribute to these collisions. If a driver experiences brake failure or a tire blowout when approaching an intersection, for example, this could cause a broadside collision.
Common Injuries From T-Bone Accidents
T-bone accidents are some of the most catastrophic and deadly collisions reported in New Mexico annually. The dynamics of a side-impact crash create a high likelihood of severe injuries due to the point of impact and the speed at which these crashes often occur.
Common injuries suffered in T-bone collisions include:
- Broken bones
- Soft-tissue damage
- Whiplash (neck injuries)
- Spinal cord injuries
- Chest and rib injuries
- Internal injuries
- Concussions
- Traumatic brain injuries
- Shoulder and upper extremity injuries
- Pelvic, hip and lower extremity injuries
- Burn injuries
- Scarring and disfigurement
- Limb amputations
Motor vehicles are not designed to withstand high impacts from the side. These areas do not have the same safety features, structures or “crumple zones” as the fronts and rears of motor vehicles. This translates to less protection for victims of T-bone accidents.
New Mexico’s Fault-Based Insurance Laws
New Mexico is an at-fault state. This means the person or party at fault for causing your T-bone car accident can be held liable for related damage. However, it is up to you as the victim to prove that someone else is at fault. In a no-fault state, on the other hand, you would seek a financial recovery from your own car insurance provider, regardless of who caused your crash.
When a car accident takes place in Albuquerque, an investigation will be completed to determine which driver committed a wrongdoing that resulted in the crash. If a driver is found guilty of a traffic violation such as speeding, drunk driving or red-light running, evidence of this infraction can make that driver liable to all victims involved.
As an injured party, you can open a claim with the at-fault driver’s insurance company to pursue financial compensation for your losses. As long as the other driver has the legally required amount of car insurance in New Mexico, you should receive a payment for your medical expenses and vehicle repairs. If this does not provide enough compensation, you may need to hire an attorney to pursue your claim through the courts.
How to Establish Liability?
If you get injured in a T-bone car accident in Albuquerque, liability (legal and financial responsibility) is something you will need to determine before filing a car insurance claim. As the injured party or plaintiff who is filing the claim, you bear the burden of proof. This means you or your car accident lawyer in Albuquerque must establish that someone else is more likely to be at fault for your accident than not. This burden of proof is known as a “preponderance of the evidence.”
Establishing liability for a T-bone accident generally takes proof of negligence. If someone is negligent, he or she acts below the expected standard of care for a situation, resulting in harm to another person. Negligence contains four elements:
- Duty of care
- Breach of duty
- Causation
- Damages
Proving a T-bone accident case requires clear and convincing evidence that the other driver owed you a duty of care, meaning a legal obligation to drive safely and follow all traffic laws. Then, you must have evidence that the driver breached or violated the duty of care in some way, such as driving carelessly or recklessly. This breach of duty must have caused your T-bone accident, in which you suffered compensable damages or losses.
What Types of Recoverable Damages Can You Receive?
In the context of personal injury law, “damages” can refer to the financial compensation available in a civil lawsuit as well as the losses suffered by the victim. If you or someone you love was injured in a T-bone accident in Albuquerque, you may be eligible for various types of damages to reimburse you for your losses.
You may be entitled to both economic and non-economic damages from the at-fault party’s insurance provider, including:
- Past and future health care costs
- Property damage repairs or vehicle replacement
- Lost wages and future income-earning opportunities
- Long-term or permanent disability
- Loss of quality or enjoyment of life
- Loss of consortium
- Pain and suffering
- Permanent scarring or disfigurement
- Emotional distress and psychological trauma
- Wrongful death damages, if applicable
The potential value of your T-bone accident claim will depend on the unique circumstances. Factors that may affect your payout include injury severity, the number of liable parties, the types and amounts of insurance coverage available, and your age and overall health. Discuss how much your case might be worth with an attorney for an accurate evaluation.
Punitive Damages in New Mexico T-Bone Accidents
Punitive damages refer to an additional type of compensation that is sometimes awarded in personal injury cases when a judge determines that a defendant deserves punishment for especially egregious acts of wrongdoing. The purpose of punitive damages is to discourage the defendant and others in the community from behaving in a similar manner in the future.
In New Mexico, a car accident victim is permitted to seek punitive damages if he or she can show using clear and convincing evidence, that the defendant acted with malice, fraud, oppression or a wanton disregard for the safety of others. Common examples include driving while intoxicated, reckless driving and road rage.
If compensatory damages are not enough to deliver justice for your T-bone collision due to especially wrongful acts by the defendant, speak with an attorney about pursuing additional punitive damages. Punitive damages are not capped in New Mexico, meaning there is no limit on the amount of punitive damages that can be awarded by a judge.
Contact Our T-Bone Accident Lawyers in Albuquerque Today
With help from an attorney from The Fine Law Firm, you can achieve the physical, emotional and financial recovery that you deserve during this difficult time. A car accident attorney in Albuquerque can help you with each step of a T-bone accident case, including establishing another driver’s fault and negotiating for maximum compensation under New Mexico’s fault law. Contact The Fine Law Firm today to begin with a free case review.