Were you in a sideswipe accident in California? If so, you might be able to pursue a personal injury claim. Determining fault for an accident can be complicated. The investigating police officer will work to determine this.
A personal injury attorney will also investigate your case as well. A sideswipe crash can happen in a variety of ways, and depending on how it happened determines who is at fault.
For a successful personal injury claim after a sideswipe accident, you will need to show who is at fault for what percentage of the crash.
What is a Sideswipe Car Accident?
A Sideswipe car accident is when two cars make contact on the sides of the car. Cars can be traveling either in the same direction or in opposite directions for it to be a side swipe accident. A sideswipe accident is a broad definition and covers many types of accidents. In general, the damage from a side swipe accident is not as bad relative to a head on collision, but a sideswipe accident will often cause a chain reaction. If you are driving and you are sideswiped, there is a high chance that you will try to avoid the other car. This reaction could force you off the road or into the path of another car. In a sideswipe accident, make sure that you are compensated for the direct damage that is caused by the other and any damages that occur as a result.
Sideswipe Accident Scenarios In California
There are many ways in which a sideswipe accident can occur. Sideswipe accidents could be prevented and are usually caused by the negligence of a driver. Here are some of the more common ways that a sideswipe accident can occur can include:
- Distracted driver – drivers who are texting, eating, brushing hair, working with the radio, and so forth
- Tired driver – drivers who fall asleep at the wheel, or who have driven too long without a break
- Road rage – drivers who become angered easily and take actions against other drivers
- Driving under the influence – drivers who have consumed drugs and/or alcohol before getting behind the wheel or while operating the vehicle
Any sideswipe accident can be very serious and can lead to severe injuries and damages. Drivers must be attentive when they are on the roadway, so they do not cause a sideswipe accident. Sideswipe accidents are caused by the negligence of a driver.
If you are the victim of a sideswipe accident, you can pursue an accident injury claim against the liable party. You will need to prove that the accident was caused by the negligence of the other party and provide as much supporting evidence as possible.
Be sure to document everything and provide all the evidence that you can to support your claim. A personal injury lawyer will help you gather all the documentation and ensure that all your paperwork is filed in a timely manner. When you have legal representation, you are more likely to have success with your claim.
Merging on the highway – merging on the highway is one of the most stressful situations that drivers are routinely exposed to. If you are in your lane and another driver crosses over the dashed line without properly locating your car, they are clearly at fault.
Navigating blind turns – On sharp turns, some drivers tend to cross over the yellow line to make the turn easier. If you are taking a blind turn and the other driver has crossed over the line, neither will have the chance to react and you could find yourself unable to avoid being side swiped.
Parked Cars – Parked cars on the side of the road are always in danger of being side swiped. Distracted drivers, and drivers trying to pass a vehicle making a left turn are two common scenarios in a side swipe accident. Always make sure to keep your car as close to the curb as possible so there is no doubt as to what happened.
Who Is at Fault in a Side Swipe Accident?
A sideswipe accident happens when two motor vehicles make contact with each other when driving in the same direction.
You see this type of auto collision on ramps that start as two lanes, but eventually merge into one lane. If one of the cars fails to yield to the other car, the result can be a sideswipe collision.
Because a sideswipe collision involves contact with one driver’s side of a vehicle, the injuries sustained can require emergency medical care.
The driver who violated a traffic law by failing to maintain the proper lane typically assumes legal responsibility for causing a sideswipe car collision.
If both parties left their proper lanes, then both parties can assume fault for causing a sideswipe accident.
The key for a California car accident fault determination involves proving the other party acted negligently, such as failing to signal before crossing into your lane.
Proving negligence forms the legal foundation for a personal injury lawsuit such as one filed for a car accident case.
Several acts of negligence can cause a sideswipe vehicle collision. Distracted driving is one of the most common causes of all motor vehicle accidents.
For a sideswipe collision, a driver texting, brushing hair, eating a meal, or fidgeting with the radio knob has committed an act of distracted driving.
Another common cause of sideswipe accidents, especially on four-lane roads, is fatigue. A driver becomes drowsy and thus, loses control of the steering wheel.
Road rage and driving under the influence of drugs and/or alcohol also contribute to the number of sideswipe accidents that occur in the United States.
Depending on the state where you live, both parties involved in a sideswipe vehicle collision can file a personal injury claim.
Negligence Impacts a California Personal Injury Claim
When a sideswipe accident occurs, negligence is usually determined by the location of each vehicle and how they were traveling in regards to the road's parallel lines. If a car that is legally parked was sideswiped, then the driver of the moving vehicle was to blame.
If a driver crosses a lane division line or the center line and sideswipes you while you are traveling legally in your lane, they are at fault for the crash. If both vehicles have crossed a painted line, then the two cars are equally to blame for the crash.
If a driver fails to properly check before moving lanes or crosses the line when driving, he or she has failed to exercise due care and is to blame for the resulting crash. As a comparative negligence state, you can recover damages from the other driver even if he or she is only 1% at fault for the crash.
Common Sideswipe Injuries
Sideswipe injuries commonly take place on busy highways when drivers fail to anticipate their speed and position when passing another vehicle, turning into another road or when merging. The severity of the injuries depends on the exact circumstances, such as:
- Relative size of the two vehicles;
- Relative speeds of the colliding vehicles;
- How severe the impact is;
- Whether a seat belt was worn or an airbag was deployed.
Most sideswipe injuries are similar to the sorts of injuries that could occur in any other collision. Generally, a sideswipe tends to do more damage than a rear end crash, but less than a head on crash or t-bone accident. Typical injuries may include:
- fractures, especially ribs, arms, legs and skull;
- internal organ damage if broken ribs or parts of the vehicle penetrate inwards into the body;
- lacerations and bruising to the arms and face;
- whiplash, if the sideswipe has a forward motion component causing the neck to move backwards and forwards uncontrollably;
- facial damage including damage to eyes, nose and teeth.
More serious injuries may include damage to the spine and brain.
California is a Pure Comparative Negligence Law State
California has a modified form of comparative negligence law known as pure comparative negligence. This allows a person who has been injured or suffered damage during a sideswipe accident to recover damages even if it is determined that they were mostly to blame for the accident. The amount of compensation is calculated as a percentage of the whole in proportion to the amount of blame for the accident determined. This makes it different from other states where a plaintiff who was more than 50% at fault cannot claim any compensation at all.
To take an example, if a person who was sideswiped is found to be 30% at fault for the accident, then they can only receive 70% of what they have claimed. If the person was judged to be 70% at fault, then they can only receive a maximum of 30% of what has been claimed.
Evidence to Gather
After any crash, it will be important to share insurance and registration details, arrange for an ambulance or medical treatment, arrange a tow and gather evidence to show who was at fault. Sideswipe accidents are not always easy to judge who was at fault and there may be an element of shared fault. The evidence should allow the degree of fault to be determined more easily. Typical evidence that could be gathered includes:
- Photos of damage to both vehicles and their position after the collision;
- Photos of any injuries;
- Eye witness statements from anyone who saw what happened and how the sideswipe collision took place;
- a police report, assuming that police attend the crash scene;
- details provided by vehicle repair yards of damage done;
- doctor’s reports and any other evidence showing how serious an injury is;
- all documentation of costs associated with the crash.
Damages Resulting From a Sideswipe Crash
A variety of damages could result from a sideswipe accident. First of all, your vehicle will be damaged. These damages might include dents and scratched paint. You should get a written estimate for repairs from a qualified auto body shop.
You could also suffer injuries, such as a broken wrist, shoulder injury, or neck injury. Your medical bills can add up fast, so you will have medical expenses, lost wages, pain and suffering, and future loss of earnings as well as future medical costs.
You should keep all medical records, medical bills and proof of lost wages. You will need evidence and documentation to support your claim.
Consult with a Personal Injury Attorney
If you have been sideswiped in California, you should consult with an experienced personal injury attorney who is familiar with California auto accident injury law. A personal injury claim after a sideswipe accident can be challenging.
Your lawyer can help you determine your damages and get your personal injury claim on track. With the help of a lawyer, you can recover compensation for your damages. You will not have any upfront costs because your attorney will work on a contingency basis.
Your lawyer won't get paid until he or she gets you a judgment or settlement. Don't wait until your statute of limitations expires, schedule a free case evaluation with a California personal injury attorney today.
