Side impact collisions in the UK: who’s at fault? Side-impact collisions, known as T-bone accidents, are some of the most severe types of road accidents. These collisions take place when one vehicle hits the side of another car, and they frequently happen at intersections, junctions, or when a car is making a right or left turn. These types of road accidents can lead to incredibly severe injuries, as well as extensive vehicle damage due to the limited protection on the sides of cars. In the UK, proving fault in such collisions is important for both legal and insurance purposes.
What is a Side-Impact Collision?
A side-impact collision usually occurs when two vehicles are approaching each other, and one vehicle strikes the other, causing the two vehicles to form a ‘T’ intersection. Most of these accidents happen during the following situations:
- Intersections: A driver does not stop at the intersection and either ignores the red signal to begin moving or ignores a yield sign.
- Junctions: A turning vehicle crosses in front of the other vehicle that is already going straight.
- Parking Lots: Cars colliding while one is pulling out or reversing and not looking out for other vehicles.
Side-impact collisions are particularly dangerous because the sides of vehicles do not shield passengers as effectively as the front or rear. As a result, passengers are more prone to severe injuries, particularly at a high speed.
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Who is at Fault in a Side-Impact Collision in the UK?
In the UK, fault in a side-impact accident is determined based on how the accident occurred. The country follows the fault system, which means that it is the driver who caused the accident or the insurer who is liable to pay for any damages. There are several steps to establish blame. They include the following:
1. Traffic Signals and Signs
- Running a red light or failing to stop at a stop sign is a clear indicator of fault.
- The driver who did not give way where he was supposed to be usually at fault.
2. Right of Way
- Drivers must obey right-of-way rules when driving through intersections and roundabouts. Failure to give way to traffic with priority can result in a finding of fault.
3. Speed and Recklessness
- Driving too fast or harsh driving are important factors in a person being at fault, regardless of whether or not the other driver committed a mistake.
- Driving with insufficient consideration for the road conditions (e.g., poor weather) may also be considered negligence.
4. Driver Negligence
- Playing with a mobile phone, drinking or taking drugs and driving, and something as simple as not having sufficient sleep can lead to a person being at blame.
- Another common cause of these types of accidents is failure to check blind spots or mirrors before a turn or lane change.
5. Evidence from the Scene
- Police reports, witness statements, and physical evidence (e.g., skid marks, vehicle damage, and traffic camera footage) are invaluable in evidence gathering as they help to realise who is at fault.
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How is Fault Determined in the UK?
In the UK, the fault is typically determined by:
- Insurance Companies:
- Both drivers notified their insurance companies about the accident. The insurers investigated the car accident claim and, after examining the evidence, decided who was at fault.
- Police Reports:
- If the police are called to the scene, their report can provide valuable insights into who was at fault.
- Witness Statements:
- Independent witnesses can help corroborate the events leading up to the collision.
- Dashcam Footage:
- The evidence coming from road users using dashcam is increasing.
- Accident Reconstruction Experts:
- Some cases are very complex and may require professional attention to accident reconstruction in order to determine liability.
Insurance Claims for Side-Impact Collisions
If you’re involved in a side-impact collision, here’s what to expect regarding insurance claims:
- Reporting the Accident:
- Inform your insurance company the earliest you can, along with all necessary information and documentation.
- Fault and Liability:
- If you are found to be the responsible party, you will have to pay to repair the other driver’s vehicle, but only up to the limits set forth in your policy.
- If the other driver is found to be liable, that driver’s insurance should take care of the damages.
- Shared Fault:
- In some cases, both drivers could be negligent. For example, suppose one driver exceeded the speed limit while the other did not stop at the red light. In that case, both drivers will share responsibility, with the proportion being the decided liability.
- Compensation:
- Victims of side-impact collisions may be entitled to compensation for vehicle repairs, medical expenses, lost wages, and pain and suffering.
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Legal Steps for Side-Impact Collisions
If you have suffered an injury due to a side-impact collision but believe the other driver was negligent, you may be able to file a personal injury claim. It is what you should think about:
- Gather Evidence:
- Photograph the site of the accident, collect the contact information of any witnesses, and obtain all other necessary documents, such as medical records.
- Seek Expert Advice:
- Instant Assist, specialising in road traffic accident claims, can help you with the claim process and make sure you get the right settlement.
- Time Limits:
- In the United Kingdom, an individual has three years from the date of the accident to submit a personal injury claim.
How to Prevent Side-Impact Collisions
While not all accidents can be avoided, drivers can take steps to reduce the risk of side-impact collisions:
- Follow Traffic Signals:
- Always stop at signs, traffic signals, and any time you are given the right-of-way.
- Approach Intersections Cautiously:
- Always remember to look both ways for traffic, even if you have the right-of-way.
- Avoid Distractions:
- Stay focused on the road and avoid using your phone or engaging in other distracting activities.
- Check Blind Spots:
- Before turning or changing lanes, ensure there are no vehicles in your blind spots.
- Drive Defensively:
- Expect that other drivers are unpredictable and always be ready for unexpected events while driving.
Contact Instant Assist at +442030264595 for expert assistance with filing your claim. Our team will help you navigate the claims process and ensure you get the compensation you deserve.
Conclusion
Side-impact collisions can have serious consequences, but understanding how fault is determined in the United Kingdom can greatly assist you in navigating the aftermath of an accident. Following traffic laws, driving cautiously, and knowing your rights will ensure your safety and other road users. In case of a side-impact collision, make sure you collect all the necessary information, notify your insurance provider, and contact an expert if you deem it appropriate. Staying informed and prepared is the best way to handle these challenging situations.