Who Is At Fault In A Sideswipe Accident

Who’s at Fault in a Sideswipe Accident? | The Buzbee Law Firm Who Is At Fault In A Sideswipe Accident

Have you ever been in case of a sideswipe accident? If not, then count yourself lucky. Sideswipe accidents are neither fun nor uncommon occurrences. Knowing who is at fault in a sideswipe accident is an essential part of getting your vehicle repaired. Understanding the basics of the law and why certain actions are considered fault can help you to determine who is ultimately responsible for the damages.

Definition of a Sideswipe Accident 

The collision involving the sides of two vehicles, generally referred to as a sideswipe, is characterized by a ‘glancing blow’ where the impact is concertedly centered on the sides of the two vehicles involved. It occurs when one vehicle fails to yield the proper right-of-way and cuts in front of the other vehicle. It is also seen when two vehicles are trying to pass each other at the same time on a two-lane road.

A sideswipe crash may be a relatively minor impact or may cause extensive damage, depending on the speed of the two vehicles, the size of the vehicles, and the degree of impact. It can result in a collision with and major injuries for the occupants of the vehicle, and often, their occupants.

Establishing Who Is At Fault

In many cases, fault in a sideswipe accident is relatively easy to determine. For instance, if Driver A fails to yield the right-of-way to Driver B as Driver A slides into Driver B's lane, then Driver A is generally to blame for the collision.

If, however, Driver B is not traveling at the proper speed for the posted roadway limit, then Driver B may have contributed to the collision as well. In these cases, both drivers may be responsible for the damages.

Determining Fault in More Complex Cases

Sometimes sideswipe accidents are more complicated, with a variety of factors at play. Determining fault in these situations can be difficult for even the most experienced lawyers and insurance companies.

The degree of fault is usually determined by examining the speed of the two vehicles, any skid marks, and the point of impact. Additionally, the road conditions, traffic signs, and the weather can all factor into who is at fault in a sideswipe accident.

For instance, if Driver A was speeding but Driver B was also going too fast for the posted conditions while entering Driver A's lane, then Driver A may be primarily to blame. However, Driver B may also be partially responsible for the accident.

Injury and Property Damage

Regardless of who is at fault, victims of a sideswipe crash may suffer serious injuries and property damage. If the collision is severe, an injured party may be eligible for compensation for their medical costs, lost wages, and property damage.

For this reason, it is important for all drivers involved to make sure that the other has proper liability insurance. A driver without adequate coverage may not have the means to compensate the other driver for their costs.

Seeking Legal Advice

If you are involved in a sideswipe accident and cannot determine who is at fault, it is wise to seek the advice of an experienced attorney. An attorney can review the facts of the case and assess the degree of fault for each party. In some cases, they can also negotiate with the insurance companies on your behalf to ensure that the full extent of your damages is covered.

Protecting Yourself After a Sideswipe Accident

The best thing you can do after a sideswipe accident is to stay calm and take all the necessary steps to protect yourself and your family. Document the accident scene, exchange contact information and insurance information with the other driver, and call the police. After that, take pictures of the vehicles and collect the names and phone numbers of any witnesses, if possible.

Contact your insurance provider as soon as possible to report the crash and begin the claim process. Additionally, if you believe you are entitled to compensation from the other driver, seek the help of an experienced personal injury attorney.

Conclusion

Dealing with a sideswipe accident can be a stressful situation. Understanding who is at fault in a sideswipe accident is the first step in receiving the compensation you may be entitled to. Seeking the advice of a qualified attorney can help ensure that you are not taken advantage of and that all the facts of the accident are presented accurately.


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