A sideswipe car accident occurs when the sides of two vehicles traveling in the same direction strike one another. A sideswipe accident may involve a car or truck, but it might also involve a bicycle or a motorcycle.
Sideswipe accidents can result in extremely serious injuries that leave affected drivers and passengers incapacitated for a long time.
If you suffered injuries in a recent sideswipe accident that resulted from another driver’s negligent or reckless behavior, you may have legal options open to you.
In addition to seeking medical treatment for your injuries, you must consult a knowledgeable car accident attorney in your jurisdiction as quickly as possible.
Your lawyer can investigate your accident circumstances, evaluate your case, and determine whether you may file a personal injury claim or lawsuit against the at-fault driver or their insurance company.
If so, your attorney can handle every step of the process, including filing your claim, negotiating with insurance company representatives for a favorable settlement offer or, if necessary, pursuing litigation through the court system.
Your auto accident attorneys can evaluate various legal options in your case and decide on the best course of action to maximize your overall monetary award. Additionally, if you decide to litigate your case in court, your lawyer can represent you in all legal proceedings and advocate for the best possible result.
Where do Sideswipe Traffic Accidents Usually Happen?
Sideswipe accidents typically occur on multi-lane roadways and highways, including interstate highways. When large volumes of traffic travel in the same direction, sideswipe accidents can happen when a driver negligently causes their vehicle to veer across a lane marking and strike another vehicle traveling in an adjacent lane.
Sometimes, the force of a sideswipe accident may push the vehicle on the receiving end completely out of their travel lane or onto the road shoulder. Moreover, a sideswipe collision may push the vehicle on the receiving end directly into the path of an oncoming vehicle, causing a multi-vehicle crash.
If you suffered injuries in a sideswipe auto accident on a major highway or roadway, consult a car accident attorney in your area as quickly as possible.
If the insurance company for the at-fault driver disputes fault in your case, your lawyer may hire an accident reconstructionist who can visit the accident scene, review police reports and property damage, and formulate an opinion about how the accident happened (and who likely caused it).
A qualified accident reconstructionist might also testify as an expert witness in your car accident case, either at a discovery deposition or at your civil jury trial in court.
Common Injuries that Drivers and Passengers May Suffer in a Sideswipe Auto Accident
Sideswipe auto accidents frequently happen with a significant degree of force. This is especially true if the accident happens on a major highway where the posted speed limit might be anywhere from 60 to 70 miles per hour.
The injuries that an accident victim may suffer in a sideswipe collision will usually depend upon the number of vehicles involved, the speeds of those vehicles, the ultimate force of the collision, and how the accident victim’s body moves inside their vehicle at the point of impact.
Sometimes, the force of a sideswipe collision causes the accident victim’s body to abruptly and violently move from side to side or backward and forward. These quick bodily movements may lead to a soft tissue injury to the neck and back, such as whiplash.
A part of the accident victim’s body might also strike something inside their vehicle, such as the window, door, headrest, or dashboard, leading to serious injuries.
In addition to soft tissue muscular contusions, other possible injuries that a sideswipe car accident victim may suffer include:
- Traumatic brain injuries
- Internal bleeding and organ damage
- Mouth, teeth, and jaw injuries
- Eye injuries
- Broken bones
- Rib fractures
- Bruises
- Open cuts and lacerations
- Complete and incomplete spinal cord injuries
- Full or partial paralysis injuries
If you suffered one or more of these injuries in your sideswipe accident, get the medical care you need as quickly as possible. A healthcare provider can examine you and may refer you to a medical specialist, such as an orthopedist or a neurologist, depending on your injuries.
Follow through with all medical treatment recommendations and complete all of your medical treatment by attending specialist visits and physical therapy sessions.
Failing to complete your medical treatment regimen or discharging yourself early may send a red flag to the insurance company, causing the settlement adjuster to believe that your injuries are not serious. As a result, the insurance company may refuse to offer you favorable settlement compensation for your injuries.
By completing full treatment for your injuries, however, you significantly increase your chances of receiving a favorable settlement offer from the insurance company adjuster handling your personal injury claim.
When you complete your medical treatment or your doctors know what treatment you will need in the future, your car accident attorney can start gathering your medical records and preparing your case for settlement negotiations or litigation.
Common Causes of Sideswipe Car Accidents
Sideswipe accidents that occur on major roadways typically result from the negligence of other drivers. Drivers may behave negligently or recklessly when distracted while behind the wheel.
Instead of watching the road closely, a distracted driver might be looking at their phone, changing the music or podcast, applying make-up, combing their hair, programming a GPS, or even paying attention to passengers.
The problem with all of these activities is that they have the potential to turn a driver’s attention away from the road and onto something in their vehicle. As a result, the driver may not see a vehicle approaching in an adjacent lane and may consequently bring about a sideswipe accident.
Sideswipe accidents can also happen when drivers disregard standard traffic laws.
Some of the most common traffic law violations that lead to sideswipe accidents include:
- Failing to signal a lane change in a timely manner
- Speeding too fast for the prevailing weather or traffic conditions
- Failing to use rear-view and side-view mirrors, especially when switching lanes in busy highway traffic
Sideswipe accidents can also result from reckless and overly aggressive driving maneuvers, otherwise known as road rage. Drivers often exhibit road rage when they zealously weave in and out of busy traffic without using turn signals.
Drivers might also exhibit the reckless characteristics of road rage to get ahead of other slower-moving traffic. However, in the process, they may negligently strike the side of another vehicle, causing the vehicle occupants to suffer serious injuries.
Finally, a sideswipe accident may occur when a driver is illegally under the influence of drugs or alcohol while they are behind the wheel.
An intoxicated driver can experience distorted vision, which prevents them from seeing clearly and measuring the distance between their vehicle and adjacent vehicles. Moreover, an intoxicated driver has the potential to weave in and out of their traffic lane, potentially bringing about a sideswipe accident.
A drunk or drugged driver might also experience delayed reflexes and reaction time, which prevent them from stopping their vehicle – or maneuvering their vehicle – in time to avoid an accident.
If you suffered injuries in a sideswipe collision that a negligent driver caused, you need to retain an experienced attorney to handle every step of your case. Your lawyer may file a personal injury claim with the negligent driver’s insurance company and begin negotiating the fair settlement compensation you deserve right away.
Legal Burden of Proof in a Sideswipe Car Accident Case
In a motor vehicle accident case, as with other personal injury cases, the injured accident victim must establish their legal burden of proof to recover monetary damages for their injuries.
The duty element of a car accident claim is usually a given since everyone has a duty to drive carefully and safely under the circumstances. They also have a duty to adjust their speed and other driving maneuvers to fit the prevailing weather and traffic conditions.
Next, the injured accident victim must establish that the other driver acted unreasonably under the circumstances in some way. For example, in a sideswipe accident, the other driver might have failed to use their turn signal or operated their vehicle in a distracted or intoxicated manner.
Finally, the injured accident victim must establish that both the accident and their injuries directly resulted from the other driver’s negligence. To establish that a particular injury is causally related to the motor vehicle accident, a medical expert may be necessary in the case.
Your car accident attorney can retain a treating medical provider who can examine you and draft a report causally relating your claimed injury or injuries to the accident. The medical expert can also testify that you suffered a permanent injury in your accident and will need ongoing care and support for the rest of your life.
Recovering the Monetary Damages You Need for Your Sideswipe Accident Injuries and Losses
Sideswipe accidents can lead to serious injuries, as well as the need for ongoing medical care and treatment. Victims of sideswipe collisions might also have to take time off work to attend their medical appointments and recover fully from their injuries. As a result, they may incur lost income over a specific period.
The monetary damages that an accident victim can recover through settlement or litigation will depend primarily on the specific facts of their case, along with the specific injuries that they suffered and the medical treatment that they underwent.
Since every sideswipe accident case is different, not all accident victims will receive the same monetary damage awards.
Potential monetary damages that an accident victim might recover include compensation for:
- Anticipated medical costs (if the accident victim suffered a permanent injury)
- Related past medical costs
- Loss of earnings
- Loss of earning capacity
- Mental distress and anguish
- Loss of spousal consortium
- Pain and suffering
- Loss of use of a body part (such as from paralysis)
- Loss of life enjoyment
- Inconvenience
- Embarrassment and humiliation from visible scarring
- Long-term care costs
- Permanent disability or disfigurement
Your car accident attorney can aggressively negotiate with insurance company adjusters for a favorable settlement offer. If the insurance company will not increase their settlement offer and compensate you fairly for your accident-related losses, your attorney can file a personal injury lawsuit in court.
Contact a Car Accident Attorney in Your Area Today
Victims of sideswipe auto accidents and other types of collisions have limited time to file a personal injury lawsuit for monetary damages. The state statute of limitations imposes this hard-and-fast deadline with rare exceptions. If you do not file your personal injury lawsuit within the required time frame, the court will likely dismiss your case and prevent you from recovering any monetary damages for your injuries.
Even if the statute of limitations seems long in your state, never wait until the deadline is close to seek legal help. When you delay starting the process, it can be more challenging to gather strong evidence and prove your claim. You give yourself the best chance at successful compensation by hiring a car accident lawyer right away.
Once you hire them, a skilled personal injury lawyer in your area can investigate your accident circumstances right away and file a claim with the appropriate insurance company on your behalf. Your lawyer will then do everything possible to resolve your case as efficiently – and favorably – as possible via settlement or litigation.
Consultations are free, and a lawyer can evaluate your best legal options and answer your questions. Financial concerns should never prevent you from hiring a lawyer, as they will charge nothing up front to work on your case. You only pay fees if you receive compensation for your losses, so you have nothing to lose.