Sideswipe collisions aren’t the most damaging type of car accident, but they are deceptively dangerous. While head-on collisions are generally more severe, sideswipe accidents can lead to serious injuries, significant vehicle damage, and complex legal challenges. These crashes can cause a driver to lose control, leading to secondary accidents with other cars or objects.
If a sideswipe collision injured you, a personal injury lawyer can help you overcome the challenges you face and fight for a just outcome.
Why Sideswipe Accidents Are So Dangerous
At first, a sideswipe accident might seem like it would only cause minor damage, like some scrapes or dents. However, the truth is often much more serious. A sideswipe can set off a chain reaction of hazardous events, especially at higher speeds.
The initial hit can cause a driver to lose control of their vehicle. This can lead to the car spinning out, swerving into other lanes, or even rolling over. The secondary impact that follows is often more destructive than the initial sideswipe.
These accidents are particularly common on highways where cars are moving fast. The higher the speed, the greater the force of impact, which can result in more severe damage and injuries.
A collision with a larger vehicle, like a commercial truck, can be especially devastating for the occupants of a smaller car.
Different Kinds of Sideswipe Crashes
Not all sideswipe accidents happen the same way. The specific circumstances of each crash play a big part in determining who is at fault.
Merging and Lane-Change Sideswipes
These are some of the most common types of sideswipe collisions and often happen on highways or multi-lane roads when one driver tries to move into an adjacent lane that’s already occupied. In these cases, the driver changing lanes is typically at fault for failing to check their blind spot.
Drifting Out of a Lane
A sideswipe can also occur when a driver unintentionally drifts out of their lane and strikes a car next to them. This is frequently caused by distracted driving, like texting or talking on the phone.
Drifting sideswipes can also be the result of a tired driver falling asleep at the wheel or a driver who is under the influence of drugs or alcohol.
Sideswipes at Intersections
These accidents happen when two vehicles, often turning, make contact with each other’s sides. A common scenario involves two cars making left turns simultaneously on a road with multiple turn lanes. One driver may make too wide a turn and cut into the other driver’s lane, causing a sideswipe.
6 Steps To Take After a Sideswipe Accident
What you do in the moments following a sideswipe crash matters. Taking the right steps can protect your health and your legal rights.
Follow these steps after a sideswipe:
- Organize Your Information: Gather every document related to the crash, including the police report, the other driver’s contact and insurance details, and any photos you took of the scene and vehicle damage. Put this information in one place so it’s easy to find.
- Report the Accident: Contact your insurance company to report the collision. Give them the basic facts: where and when the accident happened and who was involved. Don’t give a recorded statement until you speak with a lawyer.
- Track Your Injuries and Medical Care: Keep a detailed record of all your medical appointments, from doctor visits to physical therapy. Keeping a journal about your pain levels and how your injuries affect your daily activities helps show the full impact of the accident.
- Keep All Receipts and Bills: Hold on to every bill, receipt, and invoice related to the accident to prove your financial losses. This includes medical bills, pharmacy receipts for prescriptions, and repair estimates for your car.
- Avoid Social Media: Don’t post about the accident, your injuries, or your recovery on social media. Insurance companies often look at these posts to find information that might weaken your claim. Similarly, avoid discussing the accident with anyone other than your lawyer.
- Contact a Car Accident Lawyer: Call a personal injury lawyer who handles auto accidents. They can guide you through the claims process and protect you from common mistakes that could harm your case.
How Much Vehicle Damage Do Sideswipe Accidents Cause?
Sideswipe collisions can cause a wide range of damage to your vehicle, from minor cosmetic issues to major structural problems. The cost of repairs can quickly add up, sometimes reaching thousands of dollars. In some cases, the damage may be so severe that the vehicle is declared a total loss.
The type and extent of damage depend on several factors, including:
- The speed of the vehicles involved
- The angle of the impact
- The size and weight of each vehicle
Visible damage might include long scratches along the side of the car, dents in the doors and quarter panels, and broken mirrors or windows. However, there can also be hidden damage to the car’s frame, suspension, or alignment.
Even a minor-looking impact can cause underlying issues that affect the safety and performance of your vehicle.
Who Is at Fault for a Sideswipe Collision?
Determining who is at fault in a sideswipe accident often comes down to which driver failed to stay in their lane. Generally, the driver who makes an unsafe lane change or drifts into another lane is held responsible. However, proving fault isn’t always straightforward.
Insurance companies and lawyers will investigate the accident to determine who was negligent.
Critical evidence for determining fault includes:
- The Police Report: The police report contains details about the accident, possibly even including a diagram of the scene and the officer’s initial assessment of fault.
- Driver and Witness Statements: Statements from the drivers involved and any eyewitnesses can provide valuable information about how the accident happened.
- Physical Evidence: The location and nature of the damage to each vehicle can help reconstruct the events leading up to the crash. Scrape marks and debris on the road can also provide clues.
- Video Footage: Footage from traffic or surveillance cameras may depict a driver violating a traffic law, such as failing to signal before changing lanes.
In some cases, both drivers may share some of the fault. For example, if one driver was speeding and the other made an improper lane change, they might both be considered partially responsible.
Passenger Rights in a Sideswipe Collision
If a sideswipe collision injured you as a passenger, you have the option to seek compensation for your injuries. Passengers are almost never at fault for a car accident and can typically file a claim against the insurance policy of the at-fault driver.
This might be the driver of the other vehicle, the driver of the car you were in, or even both. Sorting this out can get complicated, especially if both drivers share some responsibility for the crash.
You don’t need to pick a side. Your claim is for your injuries, and it’s a matter for the insurance companies to handle.
A lawyer can help you file the appropriate claims against all responsible parties to recover the compensation you need for your medical bills, lost wages, and suffering.
What Happens When the At-Fault Driver Is Uninsured?
Discovering that the driver who hit you doesn’t have insurance adds another layer of stress to an already difficult situation. You may worry about how you’ll pay for your medical treatment and vehicle repairs. In this scenario, your own insurance policy may be your path to recovery.
You may have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage as part of your auto insurance. UM coverage applies when the at-fault driver has no insurance at all.
UIM coverage applies when the at-fault driver has insurance, but their policy limits aren’t high enough to cover all of your damages.
You file a UM/UIM claim with your own insurance company. Even though you’re dealing with your own insurer, it’s not always a simple process. An attorney can help if the insurance company disputes your claim.
How a Lawyer Helps With a Sideswipe Collision Claim
After a sideswipe accident, a car accident lawyer provides valuable support and guidance. They handle the complexities of your claim so you can focus on your recovery.
Investigating the Crash
A lawyer conducts a thorough investigation to gather all the necessary evidence to support your claim. This includes obtaining the police report, speaking with witnesses, and working with accident reconstruction experts if needed.
They know what to look for and how to build a strong case to prove the other driver’s negligence.
Calculating Your Damages
Your lawyer helps you document all of your losses from the accident. This goes beyond just the immediate medical bills and car repairs. It includes future medical expenses, lost wages from time off work, and compensation for your pain and suffering.
Negotiating With Insurance Companies
Insurance companies are businesses, and their goal is to pay out as little as possible. A car accident lawyer handles all communications with the insurance companies on your behalf. They know the tactics adjusters use and how to combat them.
Your personal injury lawyer negotiates for a fair settlement that covers all your damages.
Taking Your Case to Court
Most car accident cases settle out of court. However, if the insurance company refuses to offer a fair settlement, your lawyer can take your case to trial. They’ll represent you in court and fight to protect your rights.
FAQ for Sideswipe Collisions
Can You Suffer Serious Injuries in a Sideswipe Collision?
Yes, you can suffer serious injuries in a sideswipe collision. The side of a vehicle has less structural protection, making occupants more vulnerable to harm. Injuries can range from whiplash and broken bones to traumatic brain injuries, especially if the crash involves high speeds or a larger vehicle.
Even if you don’t feel pain right away, seek medical attention after a sideswipe. Some symptoms may not appear until days after the crash.
How Is Fault Typically Determined in a Sideswipe Accident?
Fault in a sideswipe accident typically falls to the driver who failed to stay in their lane or performed an unsafe maneuver. To determine which driver was negligent, an investigation will analyze evidence, including the police report, witness statements, and the location of vehicle damage.
What Happens if My Car Is Totaled in a Sideswipe?
If the cost to repair your car is more than the car’s value before the accident, the insurance company will declare it a total loss. They’ll likely offer you a settlement based on the vehicle’s actual cash value (ACV), which is what it was worth right before the crash happened.
You have the right to negotiate this amount if you believe their offer is too low, and a lawyer can help you show your car’s true value.
Do I Still Have a Case if the Police Report Says I Am at Fault?
You still may have a case even if the police report places you at fault. The officer’s opinion in the report isn’t a final legal decision. Police reports can sometimes be inaccurate or based on incomplete information available at the scene.
A thorough legal investigation can uncover new evidence, such as video footage or more reliable witness statements, that may challenge the initial report and show the other driver was actually responsible for the crash.
What Are the Long-Term Health Effects of a Sideswipe Collision?
Every car crash is different and the effects and symptoms of those involved may vary greatly. However, some potential long-term effects of a sideswipe collision include chronic pain, permanent disabilities from more severe injuries, and psychological trauma such as anxiety or PTSD.
Let Us Fight for You
After a sideswipe, the other driver’s story and the insurance adjuster’s offer aren’t the final word. The true accounting of what you’ve lost—and what you need to recover—is what matters. Our job is to make sure your voice is the one that gets heard.
Let Jamie Casino Injury Attorneys be your advocate and your champion. We fight to make sure accountability lands where it belongs. Call (912) 355-1500 for a free consultation and get the strength of our team behind you.