Sideswipe Collision: A Guide to Your Legal Rights and Recovery

Car accidents are an unfortunate reality on today’s roads, and among the many types of collisions, sideswipe accidents are common. 

While they may initially seem less severe than head-on or rear-end collisions, sideswipe accidents can still result in significant injuries, costly property damage, and lasting emotional trauma.

If a negligent driver has injured you in a sideswipe accident, you need to know the next steps to take and how to protect your legal rights. Below is an in-depth look at sideswipe accidents, including their causes, the injuries they can cause, and how a car accident lawyer can help you.

Understanding Sideswipe Car Accidents

According to The National Highway Traffic Safety Administration (NHTSA), there were over 900 fatal sideswipe accidents during a recent year. That same year, this type of collision accounted for nearly 3 percent of all reported accidents.

A sideswipe accident occurs when the side of one vehicle makes contact with the side of another. This type of accident is often caused by driver negligence and can lead to anything from minor cosmetic damage to severe injuries, depending on the circumstances.

Types of Sideswipe Collisions

1. Same-Direction Sideswipes:
   These occur when two vehicles are traveling parallel in the same direction, such as on multi-lane highways or city streets. For instance:

• A driver fails to check their blind spot before changing lanes.
• A distracted driver veers into an adjacent lane.

2. Opposite-Direction Sideswipes:
   These happen when vehicles traveling in opposite directions collide along their sides. They often occur on narrow roads or during overtaking maneuvers.

Why Sideswipe Accidents Are Dangerous

Sideswipe collisions can destabilize vehicles, especially at high speeds. A vehicle may spin out of control, hit nearby cars, or collide with stationary objects, such as guardrails or medians. 

This chain reaction often leads to secondary crashes, increasing the risk of serious injuries and fatalities.

A Typical Sideswipe Accident Scenario

Imagine a driver on a busy highway in the middle lane. As they attempt to switch to the left lane, they fail to notice a vehicle already occupying that space. The two vehicles make side-to-side contact, causing both drivers to lose control. One car veers into the guardrail, while the other spins into another lane, causing a multi-car pileup.

In this situation:

• The at-fault driver may be liable for negligence.
• Injured victims, including passengers in both vehicles and drivers of other involved cars, may have claims for compensation.

This scenario highlights how even a seemingly minor lapse in judgment can have far-reaching consequences.

Common Causes of Sideswipe Accidents

Many different factors can contribute to the likelihood of a car accident. Some of the common causes of sideswipe crashes include:

1. Driver Negligence

According to research from the NHTSA, distracted driving resulted in more than 3,100 fatal collisions in a single year. Most sideswipe accidents are preventable and stem from driver negligence. Examples include:

• Failure to Check Blind Spots: Many drivers neglect to properly check their blind spots when changing lanes, especially in heavy traffic.
• Distracted Driving: Texting, eating, or engaging with passengers diverts attention from the road.
• Speeding: Excessive speed reduces reaction time and control, increasing the likelihood of collisions during lane changes.

2. Aggressive Driving and Road Rage

Aggressive behaviors, such as tailgating or weaving between lanes, can escalate into sideswipe accidents. In extreme cases, road rage may lead to deliberate attempts to intimidate or harm other drivers.

Drivers exhibiting road rage often engage in dangerous maneuvers, such as intentionally cutting off other vehicles, swerving toward them, or slamming on their brakes to cause collisions. These behaviors not only endanger the targeted vehicle but also create risks for surrounding traffic. 

Aggressive driving can also be caused by stress, frustration with traffic conditions, or personal conflicts, making it important for victims of such actions to document the behavior and report it to law enforcement when possible.

3. Weather Conditions

Adverse weather such as rain, snow, or fog can significantly increase the likelihood of sideswipe accidents by reducing visibility and creating hazardous road conditions. 

• Rain can cause hydroplaning, where tires lose contact with the road, making it difficult to control a vehicle and stay within a designated lane. 
• Snow and ice reduce tire traction, increasing stopping distances and making it easier for a vehicle to drift out of its lane. 
• Fog impairs visibility, making it harder for drivers to see lane markings, other vehicles, or potential hazards on the road.

Despite these challenges, it remains the driver’s responsibility to adjust their behavior to the conditions. Safe driving in poor weather includes reducing speed, increasing following distance, using headlights appropriately, and avoiding sudden maneuvers like hard braking or sharp turns. Drivers who fail to account for weather conditions may be considered negligent.

4. Impaired Driving

Driving under the influence of alcohol, drugs, or certain prescription medications is one of the most dangerous behaviors a driver can engage in. These substances can significantly impair a driver’s judgment, coordination, vision, and reaction time, making it much harder to operate a vehicle safely. 

Impaired drivers often struggle to judge distances accurately, fail to recognize their surroundings, or miscalculate maneuvers such as lane changes. These deficits can lead to drifting out of their lanes or failing to account for other vehicles, resulting in sideswipe collisions.

Regardless of the source of impairment, it’s the driver’s responsibility to make sure they’re in a fit state to drive. Choosing to get behind the wheel while impaired is a serious act of negligence, and when it results in sideswipe accidents, the impaired driver is typically held liable for damages.

5. Fatigue

Fatigued driving is an often-overlooked but highly dangerous condition that poses risks comparable to driving under the influence of alcohol. When a driver is overly tired, their reaction times slow significantly, their ability to focus diminishes, and their judgment becomes impaired.

Fatigue-related sideswipe collisions frequently occur during long road trips, late-night drives, or early morning commutes, when the body’s natural rhythm makes drowsiness more likely. Drivers who push through exhaustion to meet tight schedules or deadlines, such as commercial truck drivers or those in rideshare services, are particularly susceptible to fatigue.

The responsibility to avoid driving while fatigued rests entirely with the driver. Drivers who fail to take these precautions are often found negligent in the event of an accident.

6. Poor Road Design or Maintenance

Narrow lanes, faded lane markings, or poorly designed merges can contribute to sideswipe accidents. In some cases, municipalities or road maintenance entities may share liability.

Injuries Commonly Sustained in Sideswipe Accidents

Although sideswipe accidents may not involve the direct force of head-on collisions, they can still cause serious injuries if the impact causes one or both vehicles to lose control.

Physical Injuries

1. Whiplash and Neck Injuries: Sudden jolts can strain or tear the soft tissues of the neck and shoulders.
2. Head Injuries: Concussions or more severe traumatic brain injuries (TBIs) can occur if a passenger’s head strikes the window, dashboard, or side door.
3. Broken Bones: Common fractures include arms, ribs, and legs, often caused by the force of the impact or bracing for the collision.
4. Spinal Cord Injuries: These injuries can range from herniated discs to paralysis, depending on the severity of the impact.
5. Internal Injuries: The blunt force of a sideswipe can cause internal bleeding or organ damage, which may not be immediately apparent.

Psychological Injuries

1. Post-Traumatic Stress Disorder (PTSD): Victims may develop anxiety, flashbacks, or fear of driving after a traumatic accident.
2. Emotional Distress: Chronic pain and lifestyle changes can lead to depression and a reduced quality of life.

Legal Concepts: Determining Fault in Sideswipe Accidents

Comparative Negligence

Many states operate under comparative negligence laws, which allow both parties to share fault. For example, if you are deemed 20% at fault for the accident, your compensation may be reduced by that percentage.

Evidence You May Need to Prove Fault

• Police Reports: These often contain crucial details, such as witness statements and citations issued at the scene.
• Video Footage: Dashcams, traffic cameras, or security cameras can provide visual evidence of the accident.
• Expert Testimony: Accident reconstruction specialists can help determine how the collision occurred.

Types of Compensation Available After  Sideswipe Accident

Victims of sideswipe accidents can get compensation for both economic and non-economic damages.

Economic Damages

• Medical Expenses: Covers current and future treatment costs.
• Lost Wages: Reimburses income lost due to missed work.
• Property Damage: Pays for vehicle repairs or replacement.

Non-Economic Damages

• Pain and Suffering: Compensates for physical discomfort and emotional distress.
• Loss of Enjoyment: Addresses the inability to participate in hobbies or activities.

Punitive Damages

In cases of gross negligence, such as DUI, courts may award punitive damages to punish the at-fault driver.

Why You Need a Sideswipe Accident Attorney

An experienced sideswipe accident lawyer will make sure your rights are protected and that you receive the compensation you need by doing the following:

1. Investigate the Accident and Gather Evidence:
   Building a strong case starts with a thorough investigation of the accident. Attorneys have the experience and resources to:
   • Collect and analyze evidence, such as police reports, and photographs from the accident scene.
   • Interview witnesses to obtain statements that corroborate your version of events.
   • Work with accident reconstruction experts to recreate the collision and establish fault.
   • Subpoena relevant records, such as cell phone data to prove distracted driving or maintenance logs for vehicle defects.
     These efforts can uncover critical details that might otherwise be overlooked and strengthen your claim.
2. Determine Liability:
   In sideswipe accidents, determining fault isn’t straightforward. Multiple factors, such as road conditions, driver behavior, or vehicle defects, may contribute to the collision. A car accident attorney can sift through the evidence to identify all liable parties, such as:
   • The other driver involved in the accident.
   • Vehicle manufacturers, if mechanical failure played a role.
   • Municipalities or road maintenance entities, if poor road design or conditions were a contributing factor.
3. Negotiate with Insurance Companies
   Insurance companies are often more concerned with protecting their bottom line than fairly compensating accident victims. They may attempt to minimize your claim, delay the process, or even deny liability altogether. A knowledgable sideswipe collision lawyer can:
   • Handle all communication with the insurance companies so you don’t say something that could hurt your case.
   • Accurately calculate the full extent of your damages, including medical expenses, lost wages, property damage, and non-economic losses like pain and suffering.
   • Negotiate aggressively on your behalf to secure a fair settlement.
4. Represent You in Court if Necessary
   While many sideswipe accident claims are resolved through settlements, some cases require litigation to achieve justice. If negotiations fail, your attorney can:
   • File a lawsuit and represent you in court.
   • Present a compelling case using evidence, expert testimony, and legal arguments to maximize your compensation.
   • Handle procedural requirements, such as filing deadlines and court documents, ensuring that your case proceeds smoothly.
5. Maximize Compensation
   Attorneys know how to identify all potential sources of compensation, including less obvious damages like future medical expenses or diminished earning capacity. Their knowledge ensures that no aspect of your claim is undervalued or overlooked.

Working with a qualified sideswipe accident attorney levels the playing field and gives you the best chance of securing a fair outcome. Whether through negotiation or litigation, an attorney is your advocate.

Consult With a Sideswipe Collision Attorney Today

Sideswipe collision accidents should never be underestimated. By taking the right steps and working with an experienced personal injury attorney, you can protect your rights and secure the compensation you need.

If a negligent driver has injured you in a sideswipe accident, don’t wait to get help. Call (631) 451-7900 for a free consultation and let us help you on the road to recovery.