After any accident, attention quickly shifts to figuring out who is at fault so that you can pursue compensation for your injuries and damages from the at-fault party. In side-swipe accidents, the urgency increases because it may become hard to pinpoint responsibility. These collisions often occur in heavy traffic and can be caused by various factors. Although the primary focus shifts to blaming another driver, several other parties could be liable depending on the circumstances of the crash. This leaves victims unsure of what to do next.
You need to establish fault because it directly affects how much you can recover. When examining specific details of a sideswipe accident, you can find out who was responsible and strengthen your claim. Sometimes, this process will take gathering evidence, reviewing eyewitness accounts, and looking at the actions of all parties involved. The information below looks at the intricacies of determining fault in sideswipe accidents to help you know who to pursue to secure the compensation you deserve.
What is a Sideswipe Accident?
A sideswipe collision occurs when two vehicles collide along their sides when they are in motion. These accidents usually result from a lane change or drift. They typically occur on crowded highways, intersections, or in heavy traffic where drivers drive in tight spaces.
Sideswipe accidents often appear small but can quickly become serious. At higher speeds, even slight contact can destabilize a vehicle and result in loss of control. This instability can cause a driver to veer into adjacent lanes, crash into barriers, or cause multiple car crashes. What starts as a minor incident can instantly turn into a significant accident.
Damage from a side-swipe collision could extend beyond the visible signs. These collisions can damage a vehicle’s structural integrity, including critical alignment and suspension components. These issues generally endanger overall safety and reduce the vehicle's reliability. Further, essential systems, including steering and braking, may become impaired, increasing the risk of future accidents.
Moreover, a side-swipe collision can trigger a chain of events. This impact can also cause an affected vehicle to shift off its intended path, leading to collisions with other vehicles on roadside structures. In congested traffic, these incidents can escalate quickly, making it more likely that they would result in multi-car pileups. However, as the number of vehicles involved increases, the likelihood of extensive damage and serious consequences likewise increases. In the most severe cases, a car might flip over or slip out of control, posing new dangers to other drivers and passengers on nearby roads.
The full impact of a sideswipe accident extends beyond property damage. The accidents could result in injuries.
Causes of Sideswipe Accidents
The cause of a sideswipe accident has to be identified to determine who is at fault and who you can sue for damages. Most sideswipe accidents are attributable to:
- Other driver’s negligence, and
- Adverse weather conditions
- Other reasons
a) The Negligence of Other Drivers
Sideswipe accidents are likely to occur when drivers fail to pay attention. In most cases, they fail to check blind spots. This then results in collisions with other vehicles in the adjacent lanes. Drivers must ensure the lane is clear before changing, and if they do not, particularly when merging or overtaking, there is a risk of a serious accident. This risk is heightened further by distractions. Drivers who look at their phones, passengers, or other in-car activities while driving lose awareness of their surroundings, making it easy to drift into another lane. And that’s where drowsiness comes into play, too, as drowsy drivers may not be able to stay alert and centered in their lane, significantly increasing the odds of a sideswipe collision.
Other than at high speeds, sideswipe accidents increase in heavy traffic. Driving in tight spaces between vehicles makes drivers more likely to make misjudgments. The problem is compounded by the fact that when drivers speed, they fail to give themselves enough time to react to possible hazards.
Sideswipe accidents can also arise from road rage incidents or impaired driving, both of which are clear examples of negligence. Often, road rage causes drivers to engage in aggressive behavior, including tailgating, changing lanes suddenly, or erratically driving, which greatly increases the likelihood of a sideswipe collision. When emotions run high, drivers could fail to exercise caution to keep themselves and others safe.
Similarly, impaired driving is a significant risk to road safety. Alcohol and drugs can take a bad driver’s judgment, coordination, and reaction time, making it difficult to keep control of the vehicle. A driver under the influence may also misjudge distances, ignore traffic signals, or fail to see blind spots, significantly increasing the risk of a sideswipe accident.
Drivers who engage in the above-mentioned negligent acts breach their legal duty of care. This negligence can result in a civil lawsuit against them for any damage or injury that may occur due to their lack of care.
b) Poor Weather Conditions
Bad weather conditions enhance visibility and vehicle control and significantly increase the risk of sideswipe accidents. Driving becomes challenging with rain, snow, ice, and fog. With heavy rains, the tires hydroplane. This means that the tires will lose traction while driving, causing you to lose control of the vehicle. In turn, the car will drift into adjacent lanes. Snow and ice make roads slippery, making lane changes easier for drivers to lose control or slide.
Fog makes it extremely hard to see and severely limits visibility. This obscurity often results in misjudging distances and failing to see nearby cars, making lane merges particularly dangerous. Fog can also wash away lane markings, causing drivers to unintentionally drift.
Sideswipe incidents are also possible when high-profile vehicles like trucks are involved, and strong winds can also add to the potential for sideswipes. Gusty winds can push these vehicles sideways, even on highways or bridges, making it difficult for drivers to keep their lanes. Smaller vehicles are also not immune to losing control in these conditions.
In addition, poor weather can make it harder for drivers to react. Heavy rain or fog makes it harder to see brake lights or turn signals, and it is harder to anticipate what other drivers are doing. Lack of awareness coupled with longer stopping distances increases the risk of collisions. If drivers drift out of their lane, they might not have time to adjust.
Many drivers underestimate the dangers of adverse weather, which leads to unsafe behaviors. If you do not slow down or change your driving habits, you will likely lose control when making lane changes or merges. Wet or icy roads diminish reaction times, and speeding can worsen things.
Sideswipe accidents are more likely to occur when mechanical failures occur. Cold weather can cause tire pressure to fluctuate, steering to become sluggish, and braking to perform unevenly, making your vehicle unpredictable. Icy surfaces may also cause tires to lose grip and brakes to struggle on wet roads.
Poor weather conditions often complicate the determination of fault in sideswipe accidents. In these cases, assigning liability becomes increasingly problematic because the drivers may claim that the weather caused the crash, not their actions.
If bad weather comes into play, the focus becomes whether the driver adapted their behavior to the conditions. For example, failing to slow down, following a safe distance, or adjusting appropriately still points to negligence, even in adverse weather. Drivers are expected to drive more carefully in bad weather. They are still liable if they fail.
However, if both parties take reasonable precautions, yet the accident occurs due to weather-related factors, determining fault can become less clear. However, the courts rely on police reports, witness testimony, and traffic cameras as evidence to make their determination.
c) Other Reasons
Sideswipe accidents are caused by reasons other than driver negligence or adverse weather conditions. Mechanical failures like faulty brakes, steering problems, or sudden tire blowouts sometimes cause a driver to lose control and drift into another lane. If these failures happen, liability shifts from the driver to the vehicle’s manufacturer, mechanic, or any party responsible for its maintenance.
Sideswipe collisions also occur because of road conditions. Some poorly maintained roads have potholes, uneven dirt surfaces, or fading lane markings. These conditions could cause drivers to swerve or misjudge lane positions, leading to unintended contact with other vehicles. In these situations, local authorities or road maintenance entities who failed to maintain safe driving conditions are at fault for the crash.
Common Injuries Most Victims of Side Impact Accident Experience
Sideswipe accidents can be very serious and can result in physical injuries, and the severity of bodily injuries can vary widely. Some people get minor injuries like bruises and cuts, while others suffer life-changing conditions. Whiplash is very likely in these accidents and could cause strain to the neck muscles and ligaments. Whiplash occurs when the neck is moved quickly and forcefully, often from a back-and-forth motion. Pain and discomfort that linger for weeks or months can follow this injury.
Fractures, dislocations, and serious spinal cord damage can result in debilitating, lasting effects or impairments. Another critical consideration is head trauma. A sideswipe impact could cause occupants to bang their heads against windows or steering wheels, causing concussions or traumatic brain injuries.
The severity of injury can vary depending on factors such as:
- How fast the cars were going when they collided and
- At what angle and whether the vehicles’ occupants were wearing seat belts at the time
The risk of grave outcomes increases in high-speed situations, as the force of the accident can cause great harm.
Physical injuries require grave medical treatment, from emergency care to long-term rehabilitation. This might involve physical therapy or specific services that significantly increase medical expenses. It also needs time off work, which strains already stretched financial resources and disrupts daily life.
How Courts Determine Fault and Compensation in Sideswipe Accidents
The courts use the pure comparative negligence rule when deciding upon personal injury claims like sideswipe accident claims. This rule determines the percentage of fault for each party. You can still pursue compensation even if you are partially responsible for the accident. However, your total damages will be reduced by a percentage of your assigned fault so that liability is fairly apportioned.
As the plaintiff, you bear the burden of proving your case. You must show that the defendant’s negligence directly caused the accident and your injuries. You will have to provide evidence to support your claim. This includes:
- Accident reports
- Police reports
- Eyewitness statements
- photos and dashcam footage
Expert testimony can also help prove your case. These experts, who include accident reconstruction experts, automotive engineers, safety experts, and medical experts, will show how the defendant’s negligence to act with due care caused the collision.
You must connect the defendant’s actions and your injuries. You will have to prove that the at-fault driver's actions or inactions of the local authorities' negligence that caused the sideswipe accident caused you physical harm and property damage. This causal link is the key to your compensation.
If you are partly at fault, the pure comparative negligence rule ensures you can recover damages. The more fault you can prove that rests with the other party, the greater your potential recovery. Building a strong case with solid evidence is the key to maximizing compensation.
You could have multiple defendants in your case. It all depends on the details of the crash. For example, the manufacturer or repair shop could be liable if a mechanical defect like faulty brakes contributed to the accident. Likewise, if the road conditions were poor due to a lack of signs or road markings, then that could also make the government liable. These factors allow you to pursue compensation from multiple sources, increasing your likelihood of recovering sufficient damages.
Your percentage of assigned fault depends on how much you can recover under California’s pure comparative negligence rule. Suppose a court awards you $200,000 in damages and finds you 20% at fault. You would receive only $160,000. The other defendants will pick up their share of the $160,000 depending on their fault. That means if one is 50% responsible, they would owe $100,000, and another defendant at 30% fault owes $60,000.
What Damages You Can Sue For in a Sideswipe Accident Lawsuit
If you file a lawsuit after a sideswipe accident, you seek compensation for all the damages resulting from the accident. These compensatory damages typically fall into two primary categories: economic and non-economic. However, you could also pursue punitive damages.
a) EconomicDamages
Economic damages are tangible financial losses that you can easily quantify. These damages often include medical expenses. When courts award these damages, they pay for the following:
- Emergency treatment
- Hospital stays
- Surgeries
- Rehabilitation and ongoing medical care.
You can receive compensation for the lost wages if you cannot work due to the accident. You can also claim future lost earning potential if you cannot work permanently due to the severity of your injury.
Economic damages also include repairing or replacing your car and other damaged property and renting or securing transportation while your car is inoperable.
b) Non-economic Damages
On the other hand, non-economic damages account for the emotional and psychological impact attributable to the accident. The standard form of non-economic damage is pain and suffering, compensating you for the physical pain, discomfort, and ongoing suffering caused by the collision. If the incident significantly diminishes your quality of life, leaving you unable to engage in hobbies or daily activities, you may receive damages for loss of enjoyment of life.
Furthermore, you can include emotional distress, like anxiety, depression, or post-traumatic stress disorder (PTSD), if you suffer from it and it results from the accident.
c) Punitive Damages
You might qualify for punitive damages in some cases if the defendant's action is so reckless or malicious. These are awarded to punish the defendant and deter future similar behavior, although they are less often awarded in sideswipe accident cases.
Find a Personal Injury Attorney Near Me
Determining fault in a sideswipe accident poses challenges yet is essential for securing compensation. Establishing responsibility allows you to pursue your claim effectively. Various factors, including the circumstances surrounding the incident and the actions of those involved, can complicate this process.
You will need the help of an experienced personal injury attorney in your pursuit of compensation. He/she will investigate the accident and secure evidence from accident reconstruction specialists and eyewitnesses that will help prove negligence. This investigation and the evidence are critical for your case since California, through the pure comparative negligence rule, allows multiple parties to share responsibility. Your attorney will help demonstrate that another party's negligence was a significant contributor to the crash, and thus, he/she is liable for your injuries and losses.
At the Los Angeles Car Accident Attorney, we understand these complexities and will help you navigate them as we seek just compensation. Professional guidance can profoundly impact your recovery if you navigate a sideswipe accident's aftermath. Contact us today at 424-237-3600 to discuss your case and ensure you obtain the compensation you deserve.
