Sideswipe accidents can occur in the blink of an eye, often leaving drivers and passengers shocked and confused. These accidents typically happen when two vehicles traveling alongside each other make contact, damaging both cars. While they may seem minor initially, sideswipe accidents can have serious consequences.
You have legal rights whenever you have suffered an injury in a car accident. These rights include full compensation for your injuries, but only after you prove that the other driver was at fault for the accident. There are specific legal rules that apply to a sideswipe accident case, but they are not always in effect, leaving some uncertainty as to the outcome of your case. In any event, you must always fight for full compensation for your injuries, and the battle can be complex and lengthy. Insurance companies use all sorts of tricks and traps to reduce your car accident compensation, and you must be aware of them at every step of the way.
Hiring a Kyle car accident lawyer is the best way to handle the legal battle you need to fight to receive full compensation for your sideswipe accident injuries. Your car accident lawyer knows the ropes of the legal process, and they can use their experience to hopefully get you more money in a settlement check. Whether negotiating with the insurance company or filing a lawsuit in court, your car accident lawyer will leave no stone unturned in the fight for you to get all the money you deserve in your case. You stand a much better chance of getting compensation when you hire a car accident attorney for your case.
You should contact a car accident lawyer today to schedule a free initial consultation if you have suffered an injury in a sideswipe crash. You do not need to pay anything to speak with a car accident attorney, so you should always seek their opinion and advice about your case. Further, your car accident lawyer will work for you on a contingency basis, and they will never send you a bill for their time and services. You only need to pay a car accident lawyer when you receive a settlement check or an award from the jury, taking all the financial risk away when you seek legal help for your injuries.
Common Causes of Sideswipe Car Accidents
The following situations can cause sideswipe accidents:
- One driver tries to merge into another lane when a car is already there.
- A driver fails to check their blind spot before they change lanes.
- When leaving their lane, motorists fail to use turn signals to alert other drivers of their intentions.
- One may drift out of their lane because they are distracted or fatigued.
- An aggressive or reckless driver may strike another car when they are weaving into and out of lanes.
- Why Sideswipe Car Accidents Are Dangerous
Sideswipe accidents are dangerous because they often occur at high speeds and without warning. Both drivers usually travel at full speed (or one may even be going over the speed limit), and they have little chance of preparing for an accident. If you are already in your lane, the last thing you expect is another driver to cut in exactly where you are. Sideswipe accidents exert just enough force to push the driver off their course. Or, they may have taken evasive action to avoid a rapidly moving car that puts them in even more danger.
Although the primary impact from a sideswipe crash may not be as intense as what you experience in other types of accidents, the secondary effects can be the most devastating. Sideswiping can exert just enough force to push you off your course and potentially out of your lane. In a sideswipe accident, you may lose control of your vehicle or get pushed into another traffic lane. Your car may get run off the road, or you may end up in the path of another car. Sideswipe accidents often turn into multi-car collisions for this exact reason.
Common Injuries from Sideswipe Car Accidents
Although sideswipe accidents do not have the same fatality rates as head-on or intersection car accidents, they can still result in devastating injuries, mainly when another vehicle hits you or runs you off the road.
Sideswipe accident injuries may include the following:
- Broken bones and fractures
- Lacerations and contusions
- Soft tissue injuries
- Internal injuries
- Head and neck injuries
- Traumatic brain injuries
- Spinal cord injuries
After suffering an injury in a sideswipe accident, you must seek prompt medical attention and have a doctor diagnose and treat your injuries. If you did not receive medical treatment at the accident scene or did not go to the hospital, you should still pay close attention to your medical situation in the days after the crash.
Who Is at Fault for a Sideswipe Car Accident?
A legal presumption is at work in sideswipe accident cases that determine which driver was at fault. You have the right of way if you are a driver already established in your traffic lane. Thus, if another driver was changing lanes at the time of the accident, they are the ones who are at fault.
However, if you have evidence that shows the other driver was to blame, it can override the legal presumptions. For example, you may have been changing lanes and thought you had plenty of time to execute the maneuver. However, the other driver was excessively speeding, and you may not have had as much time as you thought to complete the change. Alternatively, the driver who was already in the lane may have acted aggressively and did not allow others in the lane. Then, the liability determination is a closer call. You should always speak to a car accident lawyer, no matter the facts, if you believe the other driver was to blame for the accident.
Liability can also be complicated to determine if both drivers try to change lanes simultaneously. The question then is which driver had the right of way and which one had to yield. The insurance companies or a jury may have to grapple with complex facts, and there may be little predictability in their findings. It is best not to make any assumptions about liability without speaking with a car accident attorney.
How to Obtain Compensation for Sideswipe Car Accident Injuries
If you prove that the other driver was at fault for your sideswipe car accident injuries, you may have the legal right to full financial compensation for what happened. The key is that you can show that the other driver was negligent in the events that led to the crash, and you need evidence that shows that you had the right of way before the accident. Or, you may have proof that shows the other driver was acting unreasonably, even if they were the one who had the right of way.
You will go through a legal process before you receive any settlement money. No matter how you proceed, you will always deal with the other driver’s car insurance company (and possibly yours).
You have two primary options for how to seek compensation for a sideswipe car accident:
- You can file a claim directly with the other driver’s car insurance company and seek to negotiate an informal settlement agreement.
- You can file a lawsuit against the responsible driver in court, which their insurance company must defend.
Your car accident lawyer will present a claim or lawsuit containing facts about the accident and the evidence you need to support your claims. Insurance companies will consider the claim and determine whether to accept liability.
Here, there are three potential scenarios:
- The insurance company may accept liability and proceed to make you a settlement offer.
- The insurance company may partially accept liability, trying to blame you for part of the accident.
- The insurance company will deny your claim entirely because it does not think you have sufficient evidence or that you were to blame for the accident.
When negotiating compensation for a sideswipe car accident claim, it is important to have a skilled attorney by your side. Your attorney will gather evidence to prove liability and assess the full extent of your damages, including medical bills, property damage, lost earnings, pain and suffering, and future medical expenses.
Negotiating Compensation for a Sideswipe Car Accident Claim
Even if the insurance company makes you an initial settlement offer, it is far from a victory in your case. Instead, it is only the first step in the negotiation process, which may be lengthy. The initial settlement offer is the insurance company’s first attempt to resolve your claim. In any car accident claim, you are free to negotiate compensation with the insurance company, which you have to do so you can receive full payment for your injuries.
The driver who injured you must pay you for the actual financial costs and losses that are associated with your injuries. They must also compensate you for how your injuries have affected your life. Sideswipe accident compensation depends on the extent of your injuries, and the other driver’s insurance company must fully pay you up to the amount of the policy limit. Then, you can file a claim against your underinsured motorist policy if the other driver did not have enough coverage to compensate you fully.
To negotiate fair and just compensation, your attorney will engage in strategic discussions with the insurance companies. They will argue for the maximum compensation you deserve depending on the strength of your case and the severity of your injuries. Through negotiations, your attorney will present evidence, negotiate settlements, and advocate for your rights, allowing you to focus on your recovery.
Most sideswipe car accident cases will eventually end in a settlement agreement. You can resolve your claim directly with the insurance company without a lawsuit. If you have to file a case in court, the odds are that you will settle without needing a trial.
Why You Need a Car Accident Lawyer for a Sideswipe Crash Claim
Even if legal presumptions and rules are at play in any car accident case, you should never take anything as a given. If you fail to cover all bases in a car accident claim, you can have far less money than you are otherwise due. You may not even know which bases to cover if you are trying to represent yourself in the legal process.
There is little that you should try to handle yourself after any car accident injury. Insurance companies have a built-in advantage in the claims process because of their army of adjusters and statisticians. You need to equalize and level the playing field, which you will do with the help of a car accident lawyer.
Your car accident attorney performs many functions in the legal process. They will first do the legwork that allows you to file a claim or lawsuit and ensure that they investigate any research and proof that they present to the insurance company. A lawyer is also your point of communication during the claims or lawsuit process, leaving you to talk only when the legal process requires you to do so. Your car accident lawyer’s efforts will take the stress and burden off your shoulders during a difficult time.
Finally, your Kyle personal injury lawyer will work for you to get the actual amount of compensation that you deserve for your injuries. This task involves determining whether you need to negotiate with the insurance company directly or avail yourself of the lawsuit process. Your attorney may advise rejecting settlement offers that do not fully pay you for your injuries. They will pressure the insurance company to raise their settlement offer to the point where it is in the right ballpark to settle your claim.
Sideswiped? Call A Car Accident Attorney Now
Sideswipe accidents may seem minor, but they can have significant consequences. Driver distraction and improper lane change are common causes of these accidents. If you have been involved in a sideswipe collision, do not hesitate to reach out to an attorney who can help protect your rights and fight for your best interests. Stay safe on the road and always remember to drive with attentiveness and caution.
