If you are driving down the roadway and you are attempting to pass other vehicles, you have certain responsibilities as does the other driver.
You must check to make sure that the lane you are moving in to pass is clear, that you have sufficient room to make the pass, and that you are obeying traffic laws. The driver of the other vehicle must also adhere to traffic laws and watch for your vehicle.
If you are passing another vehicle and they attempt to merge into your lane, or swerve over into your lane and sideswipe you, you can pursue a personal injury claim to recover compensation for your damages.
Proving Negligence
Negligence is the basis for a strong personal injury claim. In this case, you can easily show the four elements of negligence have been met.
The first element is showing that there was a duty or a responsibility. All drivers have a duty to other drivers to obey traffic laws and to act in a safe manner.
The second element is showing that duty was breached. When a driver crosses into your lane of traffic when it is unsafe, that duty has been breached.
Third, you will need to show that the breach of duty caused the problem. In this case, when the driver breached his or her duty, they caused a sideswipe accident.
Then last, you will need to show that the accident caused your damages.
Determining Fault
When there is a sideswipe crash, several things are considered to determine fault.
First, the police will look at the location in the lane. The vehicle who is farther over in the lane was there first. The other vehicle has obviously merged over later. The officer will consider the point of impact, the severity of the damages, and speed.
Another key to determining fault is whether you were passing the other vehicle on the right or the left. Sideswipes usually happen because a driver is distracted or because a driver does not properly judge space and speed.
Also, if a driver speeds up to try to keep you from merging and sideswipe results, that could be the cause of the crash.
Damages That Might Result
A sideswipe accident can lead to serious injuries and a variety of damages of both the economic and non-economic nature.
As an example, common damages that result from such a crash include:
- Medical expenses
- Future medical expenses
- Lost wages
- Future lost wages
- Pain and suffering
- Property damages
- Mental trauma
- Loss of consortium
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Long-term disabilities
Consult with a Personal Injury Attorney
If you have been involved in a sideswipe crash, you should consult with a personal injury attorney. Accident injury lawyers work on a contingency basis, so you have nothing to lose.
Remember, a statute of limitations applies, so don’t wait until it is too late. Time is of the essence.
Complete the Free Case Evaluation Form today to get your claim on the right track!
