Who Is at Fault in a Sideswipe Accident?

Being in a sideswipe accident is irritating. There is really no other word for it. You have to deal with damage to your car and potential injuries. You also have to hope the other drivers insurance will pay.

Unfortunately, not all sideswipe accidents are minor. Sideswipe crashes account for 2.7% of fatal accidents in the U.S. They are also a frequent type of accident on American roads that affects the overall economy.

But, getting back to individual accidents, what happens when you are in a sideswipe crash? Are you automatically at fault if your car makes contact with another, causing damage?

The answer is: It depends.

How Do Sideswipes Happen?

If you and another driver travel in the same direction and the sides of your cars make contact, it is called a sideswipe.

This kind of accident usually happens if a driver wants to change lanes abruptly and without warning. It also happens when one driver misjudges how far they are from the vehicle in the next lane.

Sideswipe accidents can happen to both new and experienced drivers. For instance, you may drive in bumper-to-bumper traffic, and a learner driver may sideswipe you while trying to move into your lane.

You may be on a multi-lane highway and forget to check your blind spot when changing lanes. This can cause you to sideswipe the car you missed in the next lane.

Sideswipe accidents are typically minor because of the speed both vehicles travel. You are going slowly if you or the other driver want to change lanes in heavy traffic.

Sadly, sideswipes turn deadly when vehicles make side-to-side contact at high speeds. This is usually seen in road rage incidents when one driver wants to overtake another aggressively.

It can also happen when one driver tailgates another. Drivers being tailgated usually brake abruptly, causing the tailgating driver to swerve around them. This often causes a sideswipe and loss of control over the vehicle.

Why Do Sideswipes Happen?

Negligent driving is a major problem in America. It causes all manner of accidents, including sideswipes. Sideswipes, more often than not, are the result of negligent driving.

In addition to bad lane changes, drivers throughout Alabama and the rest of the country seem to be permanently distracted. They focus on everything except the road and other cars. Drivers are on the phone, texting, eating, arguing, all while driving.

When their attention is diverted like this, and they try to switch lanes, a sideswipe is likely to happen. As mentioned above, sideswipe accidents happen because of aggressive driving and speeding.

Whose Fault Is It?

If you are in a sideswipe accident, the blame will be directed to the driver who made an error or lane change.

If that driver happens to be you, you will be considered at fault. You would have ignored your blind spots or changed lanes without signaling. On top of negligence, it is a traffic violation, which means the other driver can claim from your insurance.

There will be an investigation first, however. Your lawyer and the other drivers lawyer will try to find evidence proving or disproving the fault.

If you believe the other driver was negligent, you must prove it. For example, you must prove they failed to signal intent or drove recklessly, causing the accident.

Plus, you need to prove these elements in order. First, you must show that the driver was responsible for staying in their lane and not moving over until it was safe. Second, you must highlight how the driver failed to keep up that responsibility (by being reckless or negligent).

Third, you must demonstrate the link between their negligence and the accident. Lastly, you must show the connection between the accident and your losses. This means proving the accident caused you financial, physical, and emotional harm.

Owning a car means that you are responsible for following traffic laws and keeping safety in mind. An experienced personal injury lawyer can help you document your proof. It is the best way to show that you are not to blame for the accident. Your lawyer will also help you gather further proof that the other driver was negligent.

Can I Sue the At-Fault Driver?

If you file a personal injury claim against the at-fault driver, it will likely be resolved outside of court. Most sideswipe cases do not result in civil lawsuits. Only if the other drivers actions were egregious or there was a death will the case potentially go to trial. Most of the time, sideswipe claims are handled by the relevant insurer.

Sideswipe Accident Claims Are Not Always Straightforward

Proving fault is not always easy in a sideswipe case. Alabamas contributory negligence rules also make these cases a lot more complicated. Your best bet at success is to consult and hire a lawyer as soon as possible after a sideswipe accident.