If you have been involved in a sideswipe accident in Florida, you are probably wondering what went wrong and who is at fault. In Florida, fault usually lies with the individual who violated the traffic regulations. Reckless driving is a leading cause of sideswipe accidents.
Sideswipe crashes can cause serious damages and lead to life-altering injuries. Even if you are 99% at fault for a Florida traffic accident, you can still file a personal injury claim to recover damages from the other driver.
Florida uses pure comparative negligence, so you can recover compensation from a driver who is only 1% at fault for a crash.
How Sideswipe Accidents May Occur
There are several ways that a sideswipe accident may occur, but it is usually some form of negligence and could have been avoided. There are countless distractions that could contribute to a merging accident, and any of these can lead to serious injuries and extensive damages. Here is a rundown of some of the ways that a merging accident may occur.
Merging accidents can be caused by drivers not using care when merging into traffic, drivers changing lanes improperly or without warning, drivers operating vehicles under the influence of drugs or alcohol, road rage, drivers who are racing or drifting, merging carelessly, and even the weather could come into play.
Side Swipe Accident Scenarios
Side swipe accidents are accidents in which a vehicle hits another vehicle on its side, normally when both vehicles are traveling in the same direction. Side swipe accidents can cause very serious damages, especially if the vehicles involved are both traveling at speed, and if the vehicle that is hit then loses control and hits other vehicles, or is forced off the road entirely.
Side swipe accidents are relatively common and usually occur because one of the drivers involved in the side swipe accident was driving negligently. They are most common when one of the drivers hits the other vehicle while it’s merging into a flow of traffic from a ramp, or when the driver merges into another lane without properly looking to see whether it was safe enough to do so. Side swipe accidents also may be caused when a driver tries to overtake another vehicle and ends up hitting the vehicle it is overtaking on the side when another vehicle approaching from the other direction and prevents the overtaking driver from having sufficient space to complete the maneuver.
Side swipe accidents are most likely to occur when the negligent driver is:
- affected by alcohol or other types of drugs;
- speeding;
- distracted by something such as a conversation on a cell phone;
- suffering from fatigue;
- driving aggressively or arrogantly.
In Florida, side swipe personal injury cases follow the state’s pure comparative negligence rules which allow the plaintiff to seek compensation even if they were determined to share fault with the other driver.
How Negligence Plays a Role in Florida Sideswipe Accidents
Usually, blame is determined when the police complete the initial accident report. There are several common causes of a sideswipe vehicle collision.
The leading causes for these accidents are driver distraction, changing lanes without properly checking the blind spot, driver operating a vehicle under the influence of drugs or alcohol, speeding, loss of control of a vehicle on wet pavement, traveling too close to other vehicles, aggressive driving, or swerving to avoid traffic obstacles.
A driver doing any of those things and causing an accident is negligent. If you can prove a driver is negligent, you can have a successful personal injury claim.
Damages That Might Result From A Florida Sideswipe Accident
Florida sideswipe accidents can lead to serious damages. This kind of accident might lead to catastrophic injuries, particularly when the impact forces the vehicle into the path of other vehicles or even runs them off the road. Sometimes it can shove a car into a tree, utility pole, or guardrail.
A sideswipe accident can lead to loss of life or very serious injuries. Common injuries from such accidents include serious head injuries, shoulder injuries, spinal injuries, fractured vertebrae, spinal cord damage, or neck injuries.
You need to keep copies of medical bills and medical records, document any missed work and lost wages and take photos of visible injuries. Other damages include mental trauma, pain and suffering, and loss of consortium.
Determining Fault After Being Sideswiped
If there has been a sideswipe accident, fault will be determined. Any kind of car crash, including a sideswipe, comes with its own complex processes when determining who was at fault. You may think that after the driver has been proven at fault recovering compensation for your damages may be easy.
However, that isn’t the case. Sideswipe accidents can be challenging and proving fault may not come easily. It can be difficult to prove who was to blame because the damages and the accident scene don’t always provide a clear image of what happened and why it happened.
Here are some ways that a driver may be at fault for a sideswipe accident, and remember, the laws do vary from one state to the next. In most states, a driver cannot move from a single lane of traffic to another until they are sure that it is safe to do so.
Drivers should obey traffic signs that direct them to use specific lanes. Drivers should adhere to all traffic laws. Official traffic controls may prohibit lane changes, and if a driver fails to obey those directions, then he or she could cause a crash.
In some states, if a roadway has been divided into three lanes and allows two-way traffic movement, a driver shouldn’t drive in the center lane unless he or she is passing another car.
If during the investigation it is determined that these rules or other traffic laws were violated, that driver can be held liable for the damages that resulted from the sideswipe crash. If you were involved in such an accident, you will have property damages, medical expenses, and lost wages. You will want to pursue a personal injury claim to recover those losses.
How To Gather Evidence
If you have been in a sideswipe crash, you will need to gather supporting evidence for your claim. Always call the police. Having an accident report is essential to your personal injury claim. The accident report will show that the accident happened, the damages, and injuries, and will most likely indicate fault. Be sure to provide a statement to the officer regarding the facts of the crash.
Get photos of the accident scene. Try to get pictures from all angles and of the damages. Take photos of any visible injuries suffered in the crash, too. Check to see if there are any witnesses. Corroborating witnesses can be very helpful to your claim.
Ask all witnesses to provide written statements. Be sure to get the names of any witnesses and get their contact details so they can be contacted later if necessary.
You should establish medical care right away. Delaying medical treatment can negatively affect your personal injury claim. You need to be able to connect your injuries to the crash. If you delay treatment, the other driver may argue that the injuries didn’t happen because of the sideswipe crash.
You need to maintain thorough documentation and evidence, such as medical bills, medical records, and any medical excuses from your physician.
Document any missed work and lost wages. You will want to get reimbursed for your lost earnings. Also, you should consider any future loss of earnings and any future medical expenses. These will affect your finances and you should include those in your personal injury claim.
Also, check to see if there is any video footage of the accident. If it was caught by a dash camera, surveillance camera, or a traffic camera, your attorney can acquire that footage for evidence for your personal injury claim.
What Kind Of Compensation Could You Receive
When you are involved in an accident, you will want to pursue a personal injury claim to recover compensation for all your damages suffered. You can recover compensation for any damages that are caused by the other driver’s negligence. Here is a rundown of the more commonly claimed losses.
- Medical expenses – This can include hospital care, surgery, medical devices, physician visits, x-rays, prescriptions, bandages, physical therapy, chiropractic care, home healthcare, and so forth. You will want to claim any past, present, and future medical expenses.
- Lost wages – You will need to document any missed work and lost wages. You should also consider if you will have a future loss of earnings and ask for compensation for those as well.
- Property damages – This includes the cost of repairing your vehicle and any towing and rental car expenses. You will need to get a written repair estimate for fixing the damages to your vehicle, keep any tow bills or receipts, and any receipts for a rental car while your vehicle was being repaired. Photos of the damaged vehicle can also be beneficial.
- Non-tangible damages – These are damages that you suffered but are more difficult to put a dollar amount on. These losses include pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life.
Your personal injury lawyer will help you determine the value of your claim. When you pursue damages, the losses must be itemized and then added up to determine the overall settlement amount that you are requesting to take care of all your damages.
Be sure to keep all evidence and documentation and schedule a consultation with a personal injury attorney who handles auto accident cases in Florida.
Consult With A Florida Personal Injury Attorney
If you have been involved in a Florida sideswipe accident, consult with a personal injury attorney. Your lawyer might be able to help you get your personal injury claim on track so you can be compensated for the damages that you suffered as a result of the accident. Your attorney will investigate the accident and determine what damages you suffered.
Then, based on that, your lawyer will calculate the value of your claim. Through a personal injury claim, you can get the compensation you need for your basic expenses after a traumatic crash.
Your attorney is paid on a contingency basis, so you will not be out of any pocket expenses.
A statute of limitations does apply, so do not wait until it is too late to file a claim and recover compensation. Schedule a free case evaluation today.
