Who Is At Fault in a Sideswipe Collision?

Sideswipe collisions are a frequent type of car accident. According to the Insurance Institute of Highway Safety, approximately 250,000 sideswipe accidents occur annually, with nearly 2,500 resulting in fatalities.

These incidents often occur rapidly when a driver unintentionally drifts into an adjacent lane on freeways or local roads. Liability in sideswipe car accidents is commonly disputed and misunderstood by the involved drivers, leading to arguments about fault. 

If you were sideswiped by another vehicle and suffered injuries, contact a car accident lawyer as soon as possible to discuss your legal options. 

What to Do After a Sideswipe Accident

In the aftermath of a sideswipe collision, prioritize these immediate actions: 

• Remain as calm as possible and assess the situation.
• Check yourself and others for any injuries.
• Move to a safe location away from traffic, if possible.
• Call 911 to report the accident and request a police report.
• If you suspect any injuries, wait for emergency responders to arrive and provide assistance.
• If you are physically able, begin gathering essential information.
• Document the accident scene by taking numerous photos of the damage to all vehicles involved.
• Collect contact and insurance details from all involved drivers, vehicle information, and contact information from any witnesses.
• Seek medical attention promptly at a hospital or urgent care facility to evaluate potential injuries.

Common Causes of Sideswipe Collisions

A sideswipe car wreck occurs when the sides of two vehicles make contact. This type of accident can happen whether the vehicles are traveling in the same or opposite directions. 

Sideswipe collisions can be extremely dangerous, potentially resulting in significant vehicle damage and serious injuries.

Sideswipe car accidents occur for the following reasons:

• Improper lane changes
• Drifting into an adjacent lane
• Failing to yield when lanes merge
• Reckless driving
• Distracted driving
• Impaired driving
• Bad weather
• Aggressive driving
• Poor road conditions

Who Is At Fault in a Sideswipe Collision? 

Determining liability in a sideswipe accident requires proving fault. These collisions can occur in various ways, and the specific circumstances of the crash are crucial in establishing responsibility. 

Typically, the driver whose vehicle sideswipes another while passing is considered at fault and held liable.

However, when two vehicles simultaneously change from outer lanes into a center lane, liability for a resulting sideswipe accident may be shared between both drivers. In such cases, each driver would typically need to pursue repairs through their own insurance coverage. 

Common Injuries From Sideswipe Accidents

While the severity of injuries sustained in sideswipe accidents varies, many result in significant harm to those involved. Several factors influence the outcome, including vehicle type, seatbelt use, and airbag deployment. 

Due to the lateral nature of the impact, sideswipe collisions frequently cause significant injuries to the head and upper torso. Some of the most common injuries include:

• Traumatic brain injuries
• Broken bones
• Spinal cord injuries
• Whiplash
• Hip damage
• Knee injuries
• Soft tissue injuries

Dealing With The Insurance Companies

Following a car accident, your immediate priority should be your health. If emergency medical treatment is necessary, including calling an ambulance, do not hesitate. Delaying medical attention can not only worsen your injuries but also negatively impact any future injury claim. 

If your sideswipe collision involved an uninsured driver or a driver working for a service like Uber Eats or DoorDash at the time of the incident, contact a lawyer to discuss your options. These situations can involve complex insurance issues.

Even if you were not at fault in the sideswipe crash, it’s still advisable to notify your own insurance company promptly. Your policy may include valuable coverages such as towing services or uninsured/underinsured motorist protection, which can be beneficial regardless of fault.

Before contacting any insurance company, including your own, it is highly recommended to consult with an experienced personal injury attorney. Having legal representation from the outset can help you avoid inadvertently saying or doing anything that could harm your claim. Your attorney can guide your communication and ensure your rights are protected.

It’s crucial to remember that insurance companies, while appearing helpful, are businesses focused on managing their financial risk. Paying out significant sums for insurance claims is not always their primary objective. Therefore, exercise extreme caution in all your interactions with insurance adjusters. 

Sideswipe Car Accident Statistics

Data from the Insurance Institute for Highway Safety (IIHS) reveals the alarming frequency and severity of these incidents. Approximately 242,000 sideswipe accidents occur annually in the United States. Tragically, these crashes result in around 2,500 fatalities and 27,000 reported injuries each year.

A concerning study highlights the factors contributing to lane-drift accidents, a primary cause of sideswipes. According to the research, about 34% of drivers involved in lane-drift crashes were either asleep or otherwise incapacitated – conditions clearly incompatible with safe driving.

Furthermore, 13% of these drivers experienced a non-incapacitating medical issue or another physical factor that could impair their ability to maintain control of their vehicle.

The statistics become even more sobering when examining crashes involving severe injuries or fatalities. In these severe cases, 42% of the drivers who drifted lanes were found to be sleeping or incapacitated. An additional 14% were affected by a non-incapacitating medical issue, a blood alcohol content (BAC) of .08% or higher, or another physical impairment.

Should I Contact a Car Accident Lawyer? 

Following a sideswipe accident that results in injuries, you may quickly discover the challenges of navigating the insurance company. It’s important to understand that the other driver’s insurance company primarily represents their client’s interests, not yours.

The impact of another vehicle colliding with the side of your vehicle can cause significant and life-altering injuries, often leading to a lengthy and difficult recovery process.

At DK Law, our experienced legal team has a proven track record of successfully handling sideswipe accident cases and recovering fair compensation for medical bills, lost wages, and other related damages. We are dedicated to representing victims, whether they were the driver or a passenger, ensuring their rights are protected.

Contact us today for a free consultation at (800) 719-9779.