Car accidents come in many forms, and one particularly dangerous type is the sideswipe accident. While these accidents may appear less severe at first glance, they can have devastating consequences. We’ll explore what sideswipe accidents entail, common injuries they cause, the legal options available to victims, and the role of personal injury attorneys in seeking compensation.
What Is a Sideswipe Accident?
Sideswipe accidents often occur when two vehicles traveling in the same direction collide with each other from the side. This often happens when one vehicle veers out of its lane and into the path of another. Despite the apparent lack of force in such collisions, they are, in most cases, severe due to their high-speed nature on highways.
In the aftermath of a sideswipe accident, drivers may find it challenging to regain control of their vehicles. This can lead to them veering into other lanes, spinning out, colliding with highway barriers, or flipping over, turning the incident into a rollover accident. As a result, other drivers on the road may become involved, amplifying the devastation.
Common Injuries from Sideswipe Accidents
Sideswipe accidents can result in various injuries, some of which can be life-threatening. These injuries may include traumatic brain injuries (TBIs), spinal cord injuries, neck injuries, head injuries, and severe internal injuries. Victims may still suffer from broken bones, nerve damage, whiplash, severe lacerations, road rash, and various scrapes and bruises in less severe cases.
Additionally, vehicles involved in these accidents often sustain damage, primarily on the side of the impacted vehicle.
Determining Fault in Sideswipe Accidents
Identifying the responsible party in a sideswipe accident can be complex and depends on various factors. Typically, the driver who veered out of their lane is considered at fault. However, if another driver forces someone out of their lane, that driver may also share responsibility. Establishing fault for insurance and legal purposes is crucial, as it affects victims’ compensation.
Legal Options and Remedies for Victims of Sideswipe Accidents
When you are not at fault for the injuries and damages resulting from a sideswipe accident, you have legal options to seek compensation. These remedies can include:
Filing an Insurance Claim
You can file a claim with the at-fault driver’s insurance company. If the responsible driver fled the scene, victims may rely on their uninsured/underinsured motorist coverage. Please note that in California, uninsured motorist insurance only covers bodily injuries from a hit-and-run.
Seeking Legal Representation
Consulting a personal injury attorney is essential to navigate the complexities of a sideswipe accident case. An experienced attorney can assess the true value of your claim, negotiate with insurance companies, and guide you through the legal process.
Settlement Negotiations
In most cases, personal injury claims are resolved through negotiations with insurance adjusters. Lawyers use their expertise to secure a fair settlement offer that covers medical expenses, property damage, and pain and suffering.
Filing a Lawsuit
Your attorney can file a personal injury lawsuit if an equitable settlement cannot be reached. This step may prompt further negotiations and can lead to a resolution before going to trial.
Trial
If necessary, your case may proceed to trial. Your attorney will present evidence to support your claim, and a jury will issue a verdict determining the compensation you deserve.
Partial Fault and Compensation
It’s important to note that your compensation may be reduced if you were partially at fault for the sideswipe accident. This is due to California’s comparative negligence laws.
What to Do After a Sideswipe Accident
After a sideswipe accident, taking the following steps is crucial:
- Remain at the scene – Leaving the scene can result in criminal charges for hit-and-run.
- Contact the Police – Report the accident.
- Document the scene – Take pictures and video of the scene and the damage to your vehicle.
- Collect Information – Get the other driver’s contact information and available witnesses.
- Seek Medical Attention – Always seek medical care. You could be severely injured internally, even if your external injuries seem minor.
- Consult a Personal Injury Attorney.
An Attorney Can Help with Sideswipe Accidents
Sideswipe accidents may seem minor but can lead to severe injuries and complex legal processes. Victims of sideswipe accidents should be aware of their legal rights and options for seeking compensation. Consulting a skilled personal injury attorney can help you navigate the challenges and secure the compensation you deserve for your injuries and damages.
