What is a Sideswipe Accident?
A sideswipe crash is an accident that occurs when two vehicles strike on each other while driving in the same direction or in opposite directions parallel to each other. These types of collisions are typically less catastrophic than a head-on or rear-end crash, but at high speed can still result in significant vehicle damage and injury.
Common Causes of Sideswipe Accidents
By being aware of the underlying causes of these accidents, drivers can take precautions to avoid becoming statistical elements of the plot twist of traffic-related death. Below are the main reasons for sideswipe accidents:
1. Unsafe Lane Changes
One of the most common causes of sideswipe accidents is a driver, changes the lanes without checking his or her blind spot. Failing to signal or make sure if there’s enough space when changing lanes suddenly can cause car accidents with vehicles in adjacent lanes.
2. Distracted Driving
Drivers who engage in the distracted behaviors — texting, talking on the phone, eating or changing the radio — are far more likely to drift into the next lane without even realizing it. This inattention can lead to the sideswipe collisions as they unwittingly invade the place of surrounding vehicles.
3. Driving Under the Influence
Alcohol or drug intoxication will weaken driver’s judgment, coordination and reaction times. Impaired drivers sometimes struggle to stay in their lanes or even maintain control of their vehicles, leading to an increased risk of sideswipe collision.
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4. Fatigue
Another major risk factor is drowsy driving. A drowsy driver may have difficulty keeping the car in a lane, which can lead to unintentional veering into adjacent lanes that can contribute to sideswipe collisions.
5. Aggressive Driving
Aggressive drivers like these who speed or weave through traffic are potentially more aggressive when changing lanes and taking risks that result in sideswipes. Road rage incidents can also escalate these situations.
6. Improper Merging
In addition, failing to merge safely onto highways or into traffic can result in sideswipe accidents. If you are entering a roadway, you must have enough space and time to merge and not infringe on adjacent lanes.
7. Loss of Vehicle Control
Drivers who are speeding, driving in the poor weather conditions (such as rain or ice), or experiencing mechanical failures that leads to a loss of vehicle control might inadvertently find themselves in the area of someone else’s lane, resulting in a sideswipe crash.
8. Not Paying Attention to Surroundings
Not knowing what else is on the road in their surroundings causes them to make dangerous moves and sideswipe other vehicles. Eyes on the road and always give attention to other traffic, this is the first thing to remember.
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Types of Sideswipe Accidents
Some sideswipe accidents are classified based on speed and road conditions:
Low-Speed Sideswipe Accidents: These typically happen in urban environments where car speeds are relatively low, such as parking lots or during traffic jams. Though less frequent, property damage can still be significant.
High-Speed Sideswipe Accidents: At high speeds, sideswipe accidents may occur if one vehicle drifts into the lane of another while driving at highway speeds, resulting in the force of impact being stronger than the one inflicted in a low-speed accident, injured passengers, or the possibility of rollovers.
Single-Lane vs. Multi-Lane Cases: Sideswipe cases on single-line roads usually involve an incident between a vehicle that is driving alongside another vehicle whereas on multi-lane highways, the sideswipe can occur when two cars occupy the same lane.
Legal Liability in Sideswipe Accidents
Sideswipe accidents are a primary example to go over with a personal injury lawsuit and determining legal liability for the accident—specifically which driver was at fault for the crash. Factors and considerations to establish liability are:
1. Negligence
In order to establish who is liable, negligence must be proven by one of the drivers. Negligence is the lack of using the safety care a sensible driver would use under similar situations. Some common types of negligence in sideswipe collisions include:
Distracted Driving: Texting and driving, use of a phone, and similar distractions can result in loss of attention and unsafe lane transitions.
Failure to Signal: When cars change lanes without a turn signal, they can hit the cars in the lane they’re entering.
Reckless Driving: Certain aggressive maneuvers, like weaving in and out of traffic and speeding, make sideswipe accidents more likely.
2. Comparative Negligence
In many places, the law recognizes the concept of comparative negligence, which means fault can beshared between the parties in question in an accident. That means, if both are partially responsible for the accident, their compensation will be decreased according to the percentage of fault each assumes in the accident. So, if one driver is 70% to blame and the other is 30%, the damage award can be reduced by that amount.
3. Gathering Evidence
Establishing liability often requires gathering substantial evidence, including:
Police Reports: Official reports can provide critical information about the accident’s circumstances and any citations issued.
Witness Statements: Eyewitness accounts can also help to clarify the events leading up to the collision.
Traffic Camera Footage: Video evidence from the nearby cameras can offer objective insights into the actions of each driver.
4. Traffic Laws and Regulations
Determining liability involves looking at whether both parties followed traffic laws. Evidence of speeding, improper lane changes, and failure to yield are violations that can help establish claims of negligence against the at-fault driver.
5. Involvement of Multiple Parties
Sometime more than just one party is at fault for a sideswipe accident. As an example, if two cars both suddenly jump into the same lane, liability for the crash may be shared between both driver. Third parties, such as vehicle manufacturers or maintenance providers, may also be at fault if mechanical failures played a role in the accident.
6. Legal Rights and Compensation
Victims of sideswipe accidents have specific legal rights, including the right to seek compensation for:
- Medical expenses
- Lost wages
- Property damage
- Emotional distress
Understanding these rights is crucial for victims navigating the aftermath of an accident and considering legal action.
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Sideswipe Accident Injuries
While sideswipe accidents are often viewed as minor collisions, their severity will vary based on the speed and force of the collision inflicting injuries to the people involved in such an incident. Here are some of the riskier side swipe accident injuries:
1. Whiplash
One of the most common injuries from sideswipe accidents is whiplash. It happens from the triggered violent strain on the muscles of the neck and shoulder, resulting in pain and discomfort. This quick, repetitive backward and forward movement can cause damage to soft tissue in the neck.
2. Soft Tissue Injuries
These injuries involve damage to the muscles, ligaments, and tendons. They may include sprains, strains and other types of injuries, which may happen as the body is forced against the inside of the vehicle as the crash occurs.
3. Head Injuries
Passengers and drivers could hit their heads on something hard, like a window or steering wheel, and sustain head injuries. If the hit is hard enough, this can cause concussions or even worse traumatic brain injuries (TBIs).
4. Shoulder and Arm Injuries
Because the car is struck at an unexpected angle, drivers brace themselves during a sideswipe collision, which can cause shoulder injuries like muscle tears or dislocations. Also, I have seen passengers on the side of impact get hurt on their arms.
5. Fractures
The impact of a sideswipe accident can lead to fracturing bones, especially in the arms, hands, collarbone and ribs. These injuries can happen if a passenger’s limbs get thrown against the door or other hard surfaces in the truck.
6. Spinal Cord Injuries
The torsional dynamics of a sideswipe collision can cause a severe nerve damage in the spine, from a simple strain to injuries that could result in the permanent disability or a loss of feeling in the body.
7. Cuts and Bruises
Because of lateral impacts, occupants can be thrown against doors or windows, resulting in cuts and bruises. Windows can break and cause lacerations from broken glass.
8. Psychological Trauma
In addition to the physical injuries, sideswipe accident victims may also suffer psychological effects, such as anxiety, post-traumatic stress disorder (PTSD), or a fear of driving. Such issues can be as crippling as bodily injuries.
Insurance Coverage for Sideswipe Accidents
Drivers in scuffles about sideswipe accidents must also be familiar with what insurance is. Here are the most important points to keep in mind:
1. Types of Coverage
Liability Insurance: This is the basic coverage that covers damage to the other vehicles and injuries to other drivers in the event you are at fault in a sideswipe accident. Every state has their own minimum liability requirements that drivers must meet.
Collision Coverage: If you hold a collision coverage, it will cover the expenses for repairing your vehicle after a sideswipe accident no matter who is to blame. You’ll have to pay your deductible before the insurance kicks in.
Uninsured/Underinsured Motorist Coverage: If the other driver is at fault, but lacking insurance, this coverage will help pay for your damages. It is especially helpful in states with high rates of uninsured drivers.
2. Determining Fault
At-Fault States: Most states require you to prove who’s responsible to make a claim. When you are deemed at fault for the sideswipe accident, your liability insurance will pay for the other party’s damages. But this could result in higher insurance premiums.
No-Fault States: In a no-fault state, each driver’s own insurance company will cover their respective damages and medical bills no matter who’s at fault. That means that, even if you were not at fault, you would submit a claim with your own insurer.
3. Comparative Negligence
Most states are under the principle of comparative negligence under which damages will be apportioned according to each driver’s fault, if both are determined to be to some extent responsible. For example:
If you are deemed to be 40% at fault and sustain $10,000 worth of damages, you can only recover $6,000 from the other driver.
In some jurisdictions, other parties may still be partially responsible for your damages, but if you are more than 50% at fault, you may be unable to recover anything at all.
4. Insurance Claims Process
After a sideswipe accident:
Report the Accident: Let your insurance company know about the accident. Give them all the information and documentation they need, such as police reports and witness statements.
Gather Evidence: Obtain pictures of the incident scene, damage to both vehicles, and any necessary witness information to establish your case.
Negotiate Settlements: Embrace negotiations with insurance adjusters. They might start with a low settlement which is less than what you actually deserve accounting for the damage.
5. Potential Premium Increases
If you are found to be at fault in a sideswipe accident, your insurance premiums may be raised. Insurance companies see at-fault crashes as a risk factor that can lead to an increase in rates when your policy renewal comes up.
FAQs
1. What should I do if I’m sideswiped but the other driver flees?
You will need to report to the police and contact your insurance company. It’ll cover the damage if you have uninsured motorist coverage.
2. How is fault determined in no-witness sideswipe cases?
Fault is usually determined based on physical evidence, including where damage is on the cars and any dash cam footage that might be available.
3. Will my insurance cover damage from a sideswipe if I’m at fault?
Yes, your insurance will pay for the repairs even if you were at fault, provided you have collision coverage.
4. How long does it take to settle a sideswipe accident claim?
The timeline varies based on the complexity of the case and the level of cooperation between you and the other party, but it can take anywhere from a few weeks to several months.
5. Can I sue if the damage is minor?
But minor cases are typically settled through insurance without recourse to litigation.
6. Do sideswipe accidents affect my driving record?
Yes, but only if they find you at fault, which will give you points in your license and cause your insurance premiums to increase.
