Sideswipe collisions are, unfortunately, an all-too-common occurrence on our roads and can result in disastrous consequences. They happen when two vehicles traveling parallel to each other make contact, usually resulting in significant damage and, sometimes, bodily injuries.
You have legal options after such a devastating accident, and pursuing legal action with help from a car accident lawyer can secure the justice and compensation you deserve.
Causes of Sideswipe Collisions
Various circumstances can result in sideswipe collisions, but a few causes are more common than others.
Distraction and Inattention
Distractions and inattention while driving cause most sideswipe collisions. When a driver texts, changes the radio station, or simply daydreams, their lack of focus on the road can lead to devastating consequences. Distraction can result in a driver unintentionally steering their vehicle into another lane, which may lead to a sideswipe collision.
Reckless or Aggressive Driving
Reckless or aggressive driving behaviors, such as driving beyond the speed limit or making unsafe lane changes without signaling, greatly increase the likelihood of sideswipe collisions. These actions can lead to the loss of vehicle control, making it challenging to maintain a safe distance from other vehicles and potentially leading to crashes.
Poor Visibility and Weather Conditions
Poor visibility due to fog, rain, snow, or low light levels can also increase the likelihood of sideswipe collisions. Such conditions can make it difficult for drivers to see lane markers or other vehicles.
Mechanical Failure
Vehicle mechanical failures, such as a steering issue or a tire suddenly going flat, can cause a driver to lose control of the vehicle, potentially resulting in a sideswipe collision. Regular vehicle maintenance can avoid such situations, as it goes a long way to making a vehicle safe to drive and unlikely to cause an accident.
Consequences of Sideswipe Collisions
Since sideswipe collisions usually happen suddenly and without warning, they can produce vast and devastating effects. Along with significant physical injury, you may also experience psychological distress and financial hardship after a sideswipe crash.
Physical Injuries
Sideswipe collisions can lead to a range of physical injuries, depending on the severity of the incident. Minor effects include bruises, cuts, and soft tissue injuries. In more severe cases, you might suffer broken bones, head injuries, or spinal cord damage. Some victims even lose their lives. It is important to note that even seemingly minor injuries can have long-term implications, so immediate medical attention is essential if you sustain harm in a sideswipe collision.
Vehicle Damage
Vehicles typically sustain significant damage in a sideswipe collision. This might include minor external damage, such as scratches and dents, or more serious issues, such as damaged tires, broken mirrors, or impairment to the vehicle’s structural integrity. Repairing or replacing a vehicle after a sideswipe collision can be expensive, which will likely exacerbate your distress.
Psychological Effects
Do not underestimate the psychological effects of a sideswipe collision. You may experience stress and anxiety afterward, often leading to conditions such as post-traumatic stress disorder. Seek appropriate mental health support to cope with these challenging experiences while you recover.
Financial Implications
You may also experience serious financial consequences after a sideswipe collision. These can include medical bills, vehicle repair costs, increased insurance premiums, and loss of income if you are unable to work because of your injuries. A lawyer who understands your legal rights can help you during this complex and stressful process.
Legal Aspects of Sideswipe Collisions
Sideswipe collisions involve physical and financial implications as well as several legal aspects. Understanding these will help you navigate the post-accident process more effectively and safeguard your rights.
Determining Fault in a Sideswipe Collision
When pursuing legal action, determining who is at fault in a sideswipe collision is critical. Generally, a court will consider the driver who drifted from their lane or failed to signal before changing lanes to be at fault. Other factors, however, such as local traffic laws, witness testimonies, and physical evidence, can influence this determination. An experienced attorney can thoroughly review such details to establish liability.
Role of Insurance Companies
Insurance companies assess the claim, determine liability, and typically pay out for damages according to the at-fault driver’s policy limits. Insurers often try to minimize payouts to conserve their profits, which may not be in your best interest as the victim. Having legal representation, therefore, can ensure a fair evaluation of your claim.
Legal Rights of Victims
If you are a victim of a sideswipe accident, it is essential to know your legal rights. In addition to receiving compensation for medical bills and vehicle repairs, you might be entitled to receive compensation for personal suffering, lost income, and other consequential damages. While insurance companies often underestimate these, an attorney can argue for a fair and comprehensive evaluation of your total damages.
The Statute of Limitations Following a Sideswipe Collision
The law sets a time limit within which a victim of a sideswipe collision must file a lawsuit. This is known as the statute of limitations. The time limit varies depending on the state, but it typically ranges from one to six years from the date of the accident.
A court may refuse to hear your case if you file it after this period, leading to the loss of your right to compensation. Act swiftly and reach out to an attorney as soon as possible to understand the specific laws applicable in your state and avoid missing this critical deadline.
What to Do After a Sideswipe Collision
Knowing what steps to take after a sideswipe collision can safeguard your health and fortify your potential legal claim.
Immediate Steps to Take at the Scene
Ensure the safety of yourself and others. Move your vehicle to a safe location, away from traffic, if possible. Switch on your hazard lights to alert other drivers of the situation. Avoid leaving the scene until law enforcement arrives, as this could lead to legal penalties and complicate your insurance claim.
Seek Medical Attention
Even if you do not have visible injuries or immediate pain, seek medical evaluation. You may not immediately notice some injuries, but these can have serious long-term effects. Immediate medical attention establishes a record of your injuries, which you will need in your legal proceedings.
Report the Collision to Law Enforcement and Insurance Companies
You should contact law enforcement right after an accident. Police officers can secure the scene, gather preliminary evidence and witness statements, and prepare a police report—another crucial piece of evidence in determining fault.
Promptly report the collision to your insurance company, too. Failing to do so may give them grounds to deny your claim. While giving your account of the incident, stick to the facts and avoid admitting fault.
Watch What You Say to Insurance Companies
It is important to remember that insurers are likely to use anything you say to try to downplay your claim. While you should cooperate with the insurance company, avoid speculating about fault or commenting on the extent of your injuries. Let the evidence speak for itself and have your lawyer communicate with the insurance company to protect your interests.
Do Not Accept the First Offer From the Insurance Company
Immediately accepting the first offer from an insurance company might seem like the quickest way to resolve your claim and get your life back on track. Insurance companies, however, are in the business of profit. Their first offer may not accurately reflect the actual cost of damages and your injuries.
Take some time to review your situation and get a clear understanding of all the accident-related costs, including projected future expenses related to ongoing medical care or vehicle repairs. Contact an experienced professional, such as a lawyer, who can negotiate for you and secure a fair settlement that adequately covers your losses.
Document the Incident and Gather Evidence
To support your potential claim, reach out to an experienced car accident attorney immediately. These legal professionals will gather as much evidence as possible following the crash. This could include photos of the scene, your vehicle’s damage, and your injuries. They can also obtain witness contact information and their statements.
Do Not Post on Social Media About the Accident
It can be tempting to share updates on or images of the accident on social media platforms. Refrain from doing so, even though you likely want to let friends and family know what you have been through, as posting about the accident could potentially undermine your legal claim later. Insurance companies and defense attorneys have sometimes used social media posts as evidence in court to argue against the severity of injuries or to lay blame on the victim. Always reach out to your attorney before sharing any details of the incident publicly.
Seeking Legal Help After a Sideswipe Collision
You may not know your rights, the compensation you deserve, or even what steps to take in pursuing a sideswipe accident claim. Get legal help to navigate the complex landscape of personal injury law.
When to Contact an Experienced Legal Professional
After a sideswipe collision, contact an attorney as soon as possible. A legal professional can guide you through the complexities of your case, including liaising with insurance companies, collecting evidence, and, if necessary, filing a lawsuit on your behalf to claim compensation for your losses.
Role and Benefits of a Legal Professional in a Sideswipe Collision Case
A legal professional can play a crucial role in your sideswipe collision case. They will thoroughly review the case facts, advise you on your rights, assess the full extent of your damages, and advocate for fair compensation on your behalf.
Experienced lawyers understand the tactics that insurance companies often use to minimize the amount of compensation they pay out to you. Legal personnel can ensure that insurers do not take advantage of you and will evaluate your claim efficiently. Lawyers can be invaluable if your case needs to proceed to court. They will present your claim effectively to seek the highest possible compensation.
Choosing the Right Legal Professional
Choose a professional with a track record of handling sideswipe collision cases successfully. Take note of their experience, reputation, and how comfortable you feel talking to and working with them.
You usually get an initial consultation for free with most personal injury lawyers, and many work on a contingency fee basis, meaning they will only charge you if they succeed in getting you compensation.
Sideswipe collisions can lead to a traumatic time in which you experience physical, emotional, and financial burdens. With the right legal help, though, you have a better chance of receiving the justice you deserve.
Navigate Sideswipe Collisions With an Experienced Car Accident Attorney on Your Side
Do not underestimate the value of immediate action after a sideswipe collision, including securing the scene, seeking medical attention, and promptly reporting the collision to both law enforcement and insurance companies. Gathering comprehensive documentation of the incident and the associated damage can also greatly strengthen a potential legal claim.
Given the complexities of personal injury law and the challenges of dealing with insurance companies, professional legal support may be exactly what you need. Legal professionals can offer critical guidance and advocacy throughout the process, ultimately helping you to secure fair compensation for your losses. Following a sideswipe collision, do not wait to get the legal help you need. Contact an experienced personal injury attorney today to review your legal options.
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.