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Being sideswiped by another vehicle is more than a little startling. The impact can send your vehicle spinning out of control. If you’re lucky, you’ll manage to avoid hitting any obstacles or being struck by an oncoming vehicle.
Unfortunately, this is rarely the case. While the common causes of sideswipe car accidents vary, something remains the same. Injuries and property damage tend to be severe. So, if you’re involved in a sideswipe car accident, who’s responsible for covering your financial damages?
How Sideswipe Accidents Commonly Occur
When two vehicles collide side-by-side, it’s known as a sideswipe accident. The vehicles can be traveling in the same or opposite directions. The accident occurs when one driver drifts out of their lane, striking the other vehicle.
At low rates of speed, damage can be limited to the vehicle’s side. However, when sideswipe collisions happen on highways damages including injuries are often severe. A sideswipe accident at a high rate of speed can set off a chain of events resulting in multi-vehicle pileups:
- Sideswipe accidents when the vehicles are going in the same direction can occur when one or both drivers,
- Not checking the blind spots before changing lanes. This is also known as blind spot collisions.
- Distracted driving. A driver can drift into the other lane when they’re distracted.
- Falling asleep at the wheel
- Impaired driving. Drubs, alcohol, and some medications can impair your ability to safely operate a motor vehicle.
- Reckless driving, road rage
- Unsafe lane changes like failing to use a turn signal.
- Hydroplaning on icy, wet, or slick roads
A tire blowout can also cause your vehicle to suddenly swerve into the other lane. The same scenarios can also cause a sideswipe collision when two vehicles are traveling in opposite directions, along with a few others. Taking a sharp curve too fast. Your vehicle almost automatically drifts into the other lane.
Passing a slower-moving vehicle without checking for oncoming traffic. If you need to jump quickly back into your lane, you may sideswipe another vehicle. Basically, a sideswipe accident can occur any time your vehicle crosses the lane dividing line.
Who’s Liable in a Sideswipe Car Collision?
Usually, the driver who drifts or swerves into your lane is liable for your damages. In other words, the other driver is at fault and is responsible for covering things like your medical costs and property damage expenses.
However, some sideswipe collisions happen when both drivers are merging into the center lane simultaneously. Since neither of you checked your blind spots or maybe even used your turn signals, liability is usually equally shared. This means you turn to your insurance provider for compensation, instead of filing an accident claim against the other driver. If you’re only carrying limited liability car insurance, you may be on the hook for all of your expenses.
If the sideswipe collision occurs in states like Texas or Utah, comparative negligence may come into play. This insurance rule allows for more than one driver to share liability for causing the same accident. Two drivers merging into the same lane simultaneously can be an example of comparative negligence. As long as you’re not more than 50% liable for the sideswipe collision, you should be able to file a claim against the other driver’s insurance company.
Something to keep in mind. If comparative negligence applies, your settlement amount is going to be reduced by your assigned percentage of blame.
How Fault is Determined in a Sideswipe Car Collision Claim
Okay, so you’re being assigned some of the blame and you’re worried about your potential compensation amount. You don’t want to assume any more than your fair share of the blame. So, who usually figures out fault in a car accident?
The accident scene investigators are usually responsible for determining blame, while insurance adjusters assign fault percentages. Yep, the insurance company has a say in your assigned percentage of fault. Don’t worry, the insurance company isn’t going to increase your percentage of fault just to keep your claim’s value low. The insurance adjuster goes off of the accident scene investigation results.
Even then, you may not agree with your assigned fault. You can file an appeal and take the investigation to court. After everyone presents their evidence, a judge or jury will review your accident claim. They can decide to lower your percentage of fault or keep it the same.
Proving Liability in a Sideswipe Car Accident Claim
If you think the damage on the side of your car can help you prove fault, you’re going to be disappointed. With that being said, things like paint transfer from the other vehicle can help you identify the driver if it turns into a hit-and-run accident.
Establishing liability in a sideswipe collision isn’t always easy. Both vehicles sustain damage and drivers aren’t always clear on who merged into the other’s lane. Your official accident report is usually a crucial piece of evidence. Some even come with diagrams indicating how the accident likely occurred.
Physical Evidence Can Be Critical
While your vehicle damage isn’t going to be a ton of help, you may be able to get some clues from the road. Look for things like tire skid marks. This often points out where the driver realized they were crossing into your lane. The skid marks are usually left when a driver slams on their brakes to avoid a collision.
Try searching for any yaw marks on the road. The sideways-looking tire marks tend to occur at the point of impact.
Video Footage Can Be Priceless
You may run into a bit of trouble finding any video footage if the sideswipe collision occurs on a remote highway. However, it’s still a good idea to find out if any dash cams captured the collision. Traffic and surveillance cameras are something else to look for. Your sideswipe accident attorney can subpoena the footage.
Even if fault isn’t in question, it’s still a good idea to partner with an experienced car accident lawyer. From locating evidence to negotiations, your attorney can help ensure you can recover fair compensation.
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