What Happens if You Get Sideswiped?
A sideswipe is a common but dangerous type of traffic accident that occurs when one vehicle swipes or hits the side of another. Sideswipe traffic accidents can result in enough damage for either driver to lose control of their vehicle.
In fact, in many instances, sideswipe collisions set off chain reactions, forcing one car into the path of another. Motorists may over-steer to regain control or swerve from their lanes and crash into other objects like guardrails, trees, and light posts.
Determining fault in a sideswipe car accident case is not always straightforward, and insurance companies are notorious for attempting to shift blame onto the victim to limit their financial responsibility.
If you or someone you love suffered an injury in a sideswipe crash, contact a skilled car accident lawyer who can determine liability and fight for fair compensation on your behalf.
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How Sideswipe Car Crashes Happen
A sideswipe collision occurs when two vehicles traveling side by side make contact. This commonly happens when two vehicles travel in adjacent lanes in the same direction, in opposite directions on an undivided roadway, or if a driver gets too close to the side of the road and strikes a parked car.
Although the primary impact from a sideswipe crash may have less force than a vehicle rear-ending another or hitting another head-on, sideswipes often trigger destructive secondary accidents.
Sideswiping can exert just enough force to:
- Trigger a multi-car collision
- Force a vehicle into oncoming traffic, off the roadway, or into other objects
- Cause the driver to take evasive action (swerve) and veer into another lane
- Lead to a rollover accident by causing the vehicle to lose traction and flip over
These collisions can be extremely dangerous, especially at high speeds on expressways and highways. Typically, the driver in the swerving vehicle and the one in the sideswiped car are caught off guard by the impact, often leading to confusion and uncertainty about the extent of the damage or injury.
After a sideswipe crash, seek medical attention as soon as possible. Even if you feel fine, symptoms of injuries like internal bleeding or spinal cord damage may not immediately manifest.
Prompt care not only helps prevent further complications but also provides a clear record of your injuries that can serve as evidence in supporting your claim.
Common Causes of Sideswipe Accidents
The causes of sideswipe crashes are varied and often influenced by whether the vehicles traveled in the same or opposite directions. For example, when vehicles travel in the same direction, one driver may make an unsafe lane change without checking their blind spot, leading to a sideswipe.
Conversely, when vehicles travel in opposite directions, one vehicle may drift out of its lane due to a momentary lapse in attention and brush against the other as it passes.
Here are some of the most prevalent causes of sideswipe collisions:
- A driver under the influence of alcohol or drugs
- A driver traveling at an excessive or unsafe rate of speed
- A driver failing to yield the right-of-way to oncoming traffic
- A driver failing to check their blind spots or signal a lane change
- Adverse weather conditions such as icy roads, blizzard conditions, or torrential rainfall
- Vehicle mechanical failures, such as a sudden tire blowout or steering malfunction
- A driver misjudging the room they have to merge or assuming the adjacent lane is clear
- A driver taking their eyes off the road or hands off the wheel to use their phone, adjust the radio, or engage in other distractions
- A driver engaging in aggressive behaviors such as tailgating or cutting off other vehicles
- Roadways littered with potholes, debris, loose gravel, or other hazardous obstacles
An experienced lawyer can investigate the details of the accident and handle every step of the claims-filing process in your case. Whether through settlement negotiations or taking your case to court, a car accident attorney will tirelessly advocate for your rights and seek fair compensation for your injuries and damages.
Establishing Fault in a Sideswipe Collision
When seeking compensation for damages in a sideswipe car accident, establishing liability can maximize your chances of a successful claim.
Your lawyer can establish liability in car accidents, including sideswipe collisions, by demonstrating:
- Duty of Care: The first legal element involves showing that the at-fault driver (the defendant) needed to drive safely and obey traffic laws.
- Breach of Duty: This duty is breached when the driver somehow violates their legal duty of care. In a sideswipe accident, this breach may involve making an unsafe lane change without checking blind spots or failing to signal.
- Causation: The injured accident victim (the plaintiff) must establish a direct link between the other driver’s negligent actions and the resulting accident.
- Damages: The plaintiff must prove that they have suffered measurable losses, such as medical expenses, lost earnings, property repair costs, and pain and suffering due to the crash.
Proving the legal elements of a sideswipe car accident requires a qualified car accident attorney to conduct a thorough investigation, compile necessary evidence, and develop an effective strategy to negotiate a favorable settlement.
To learn about the type and appropriate amount of damages you might receive after getting hurt in a sideswipe accident, schedule a complimentary case review with a knowledgeable car accident lawyer as soon as possible.
Involved in a Sideswipe Crash? Contact a Skilled Car Accident Attorney Today
After a sideswipe crash, victims often face mounting medical bills, vehicle repair costs, and long-term recovery challenges.
After a sideswipe collision, do not hesitate to seek the guidance of a dedicated attorney who can help you better understand your legal rights and options.
personal injury lawyers often represent clients on a no-win, no-fee basis, making legal services accessible to those in need. Take the first step toward justice by contacting Emmanuel Sheppard & Condon and scheduling a free consultation to discuss your case today.
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