Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.
Side-impact car accidents in DC typically occur when two vehicles go in the same direction. Still, in separate lanes, one of those vehicles veers into the other vehicle’s lane and strikes that vehicle. Although the at-fault party may apologize and cooperate at the scene, it is not unusual for that party to change their story when they talk to their carrier. If the tortfeasor’s carrier doubts who is at fault, that carrier will deny the claim. Remember, the burden of proof is on the plaintiff. These cases are often word-of-mouth contests. Therefore, breaking the tie with an independent witness who corroborates the plaintiff’s story is extremely helpful. If the witness is genuinely independent (didn’t know the plaintiff before the accident), their testimony should win the day for the plaintiff.
In a recent case, Mr. Gelb represented a forward-thinking client asking the defendant if he could record his admission and record the defendant’s report to his insurance company. Naturally, having such a recording, although potentially not admissible at trial, may prove pivotal. Additionally, nowadays, there are often video cameras in close proximity to where the accident occurred, which may have inadvertently captured the accident. Although the video is not a public record, and thus not easily accessible by the DC auto accident attorney, the client may have luck viewing or copying the video.
Side impact accidents, or “T-bone” collisions, occur when a vehicle is struck on its side, usually at a nearly 90-degree angle by the front end of one vehicle. Due to the severity of these collisions, the driver and passenger in the victim’s car are likely to suffer grave injuries, even death. Accident victims can file a personal injury lawsuit, holding the responsible driver liable for harm. Managing Partner Roger Gelb represents collision victims pursuing legal claims for compensation. At Gelb & Gelb, P.C., Attorney Gelb personally handles every case, assisting individuals and their families in an emotionally and physically challenging time. Attorney Gelb’s dedication has earned him recognition as a top advocate for accident victims, and he is ready to fight for your legal rights.
Drivers must abide by all traffic rules and regulations and operate their vehicles to avoid causing foreseeable harm. Breaching this duty of care may expose a driver to legal consequences if their conduct causes a crash and results in injuries. While side-impact collisions occur for various reasons, many of these accidents could have been avoided if the at-fault driver had not been negligent. Common examples of negligent conduct that leads to a crash include drunk driving, driving while distracted, and failing to yield.
A negligence claim following a side impact accident requires the victim plaintiff to demonstrate the at-fault driver had a duty to act with care, breached this duty, and caused harm to the victim and damages. This duty to avoid an unreasonable risk of harm may be breached if, for example, the driver did not follow traffic rules at a four-way stop sign and sped through the intersection concurrently with the car to its right. If the victim pursues a personal injury claim, the driver may be deemed liable if the elements of a negligence claim are satisfied.
Proving causation in a negligence case includes showing that the defendant’s conduct was the actual and proximate cause of the plaintiff’s harm. Actual causation is causation in the straightforward sense, meaning that the defendant’s actions caused the crash. Proximate cause refers to the more “legal” cause, or that it was the primary cause of the victim’s injuries. In other words, proximate cause is demonstrated by showing that the action led to foreseeable consequences without other intervening causes.
In a side-impact car accident in DC, the last step is to set forth damages. For a personal injury plaintiff, economic and non-economic damages may be recovered. These are intended to put the injured individual in the position they would have been in had the accident not occurred.
Economic damages available in a personal injury case are quantifiable costs such as medical bills and vocational rehabilitation. Typically, side-impact accidents lead to serious injuries because vehicles do not offer a substantial physical barrier during a collision. This poses an especially severe problem when the responsible driver operates a heavy vehicle like an SUV or truck. Even if side airbags deploy, the force of a collision is not absorbed by the side of a car. Additionally, unlike frontal impacts, in which the driver may be able to minimize injury by applying their brakes or swerving, there is often no forewarning of the effects of a side impact collision. A complete claim for damages will include costs for past medical treatment and future anticipated costs, including physical therapy and other ongoing treatment.
Lost wages are included as compensation and may consist of past missed work wages and those expected to be missed in the future. Successful personal injury plaintiffs can also recover non-economic damages. This type of compensation provides for things like a decreased quality of life and pain and suffering following a crash.
In the event of a fatal side-impact car accident in DC, the family of the deceased may pursue a wrongful death claim on their behalf. Damages may include lost wages the deceased would have expected to earn had they lived to retirement. Burial costs and emergency care following the accident may also be included. Costs for “loss of services” provided by the deceased may also be awarded to the surviving family.
Another recent case that Mr. Gelb handled involving a side impact involved a motivated investigating police officer who found a nearby video camera at a gas station. The officer was able to gain the trust of the attendant and view the video, which proved that the Gelb & Gelb, P.C. client was telling the truth. The officer noted what he viewed on the police report and ticketed the adverse driver. The insurer paid the claim.
At Gelb & Gelb, we are here to provide clear and efficient legal representation that helps you and your family pursue the compensation you deserve following an accident. Attorney Gelb is prepared to work diligently on your behalf to seek maximum recovery from a negligent driver, whether via settlement or in a DC court. Your right to monetary damages includes the past harm you have suffered and the future impact of the accident. To discuss the specific details of your claim, call our office at (202) 331-7227 or contact us online.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.