While sideswipe accidents are not the most dangerous type of Indianapolis car accident, they still result in significant property damages and personal injuries. Sideswipe car accidents happen when you least expect them and tend to be more jarring because injured car accident victims rarely see them coming.
However, sideswipe accidents are not always the result of blind spot accidents and it can be challenging to determine which driver was in the wrong or acting negligently.
If you are the victim of a sideswipe accident, you deserve to be compensated for your damages, such as medical bills for injuries, lost wages, and pain and suffering. Any argument over who was at fault in a sideswipe accident can make it challenging to get the compensation you deserve.
At Poynter & Bucheri Accident Recovery, our experienced personal injury attorneys will help you prove fault and get the compensation you deserve following a sideswipe car accident.
We will guide you through the legal process to ensure all necessary steps are taken to win your case. When you are the victim of a car accident, you have a right to pursue legal action and be awarded compensation.
Let the Law Office of Poynter & Bucheri fight for your rights to protect you and your family. Call us today at 1-800-265-9881 for a free case review.
What Are Sideswipe Accidents?
Sideswipe collisions are traffic accidents that occur when two cars slide against one another.
They can happen when:
- Both cars are moving in the same direction
- The cars are traveling in the opposite direction
- When one car is in motion, and the other car is not
Distracted driving and aggressive driving are two common causes of sideswipe accidents.
While many sideswipe car accidents are minor to mild, there are plenty of cases where a sideswipe accident results in more severe damages and injuries to victims.
According to the National Safety Council, there were around 1,500 deaths reported in 2020 as a result of sideswipe car accidents.
Generally, the faster the cars are moving when the collision occurs, the more severe it will be. However, numerous other factors can contribute to the severity of a sideswipe accident. For example, the angle at which distracted drivers change lanes without signaling or when a driver’s negligence leads them to make a crucial error.
The cause and determining fault in a sideswipe car accident plays heavily into your ability to fail a claim for medical bills, property damage, and even a wrongful death claim if your loved one was killed in the accident.
Who Is at Fault When a Sideswipe Accident Occurs?
In sideswipe accident cases, the fault is determined based on negligence, and the theory of negligence is based on what is known as “duty of care.”
All drivers owe others a duty of care, which means they must operate their vehicles with reasonable care so as not to cause harm. If they breach this duty by acting negligently, they can be held liable for the accident and any injuries they inflicted on sideswipe accident victims.
In car accident cases involving sideswipe collisions, it can sometimes be more challenging to determine who acted negligently, and in some cases, both drivers could share the blame.
If you were hit by another car that was merging or changing lanes while you were following the rules of the road and within your own lane, the other driver would likely be the one at fault.
However, if the sideswipe accident happens because both drivers ran into one another, they will potentially share in liability.
Indiana is a comparative fault state. This means that both parties can recover damages if there is a share in the blame. However, the law states that you can be no more than 51% at fault to file a claim and recover compensation from the other party.
Even if your negligence was not intentional and you share in the blame, you could also be held liable. As long as you are no more than 51% at fault, you can file a claim against the negligent driver as well.
At-fault drivers often blame the other driver, which can prolong the case until enough evidence has been gathered to prove what happened and who was at fault.
You need an experienced attorney from Poynter & Bucheri to gather evidence that supports your claim and justifies financial compensation. Call us at 1-800-265-9881 for a free case review.
How Much Compensation Can I Get for a Sideswipe Car Accident?
The value of a sideswipe car accident claim will depend on a few different factors. When you file a claim, the case will be reviewed, and an amount will be determined based on the percentage of fault and other damages.
The damages you can recover compensation for include:
- Medical expenses
- Lost wages and future earnings
- Property damage (such as car damage)
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent impairments
- Scarring and disfigurement
Because the damages suffered can vary from one person to another, there is no way to determine upfront how much compensation you will receive. Insurers will look at all of the evidence and determine a settlement amount based on what they find.
However, it is not uncommon for insurers to attempt to offer low and quick settlement amounts that do not fully account for the damages related to sideswipe accidents.
This is why it’s so important to work with a personal injury attorney who can fight for your rights and ensure you are adequately compensated.
What Are Common Causes of Sideswipe Car Accidents?
While a collision can occur purely by accident, many car accidents happen as a result of human error and negligence. Even if the weather is bad and leads to a sideswipe accident, one or more drivers are likely still at fault.
You may be able to file a personal injury lawsuit, even if multiple drivers were partially to blame due to things like distraction, speeding, or following too close to the vehicle in front of them.
Some of the most common sideswipe crash causes include:
- Failing to check blind spots before maneuvering or changing lanes.
- Road rage where the at-fault driver was driving recklessly without regard to others’ safety.
- Distraction, which causes cars to drift into another lane or fail to notice merging drivers.
- Speeding, which gives cars less time to react when another vehicle is merging into their lane.
- Road rage, such as purposely trying to keep another driver from merging or riding close alongside another driver to annoy or anger them.
- Intoxicated driving, which results in drifting and swerving in and out of lanes.
- Failure to signal a lane change.
- Failure to yield the right-of-way.
- Merging without thoroughly checking for oncoming traffic.
- Drivers merging or changing lanes at the same time.
- Wet or icy roads that cause a negligent driver to slide into or alongside another vehicle.
Contact Poynter & Bucheri personal injury lawyers at 1-800-265-9881 for a free consultation about your sideswipe car accident case.
What Injuries Can Result from a Sideswipe Car Accident?
The injuries that result from a sideswipe car accident can vary depending on the severity of the collision, who was involved, and how it occurred.
In many cases, a sideswipe collision will only result in minor injuries, but the severity of the injury depends on the situation, and it is still possible for severe injuries and fatalities to occur.
If the two vehicles involved were moving at slower speeds when the sideswipe accident happens, it is possible that there would only be a bit of minor scraping alongside the vehicles.
However, the damages will likely be more severe if the sideswipe accident happens at higher speeds.
The side of a vehicle is not built to withstand as much impact as the front or rear of a vehicle, so if the damage is extensive, it is more likely that the driver or passengers inside will suffer more severe injuries.
Some of the most serious injuries related to sideswipe collisions include:
- Whiplash
- Concussion
- Fatal injuries
- Broken bones
- Cuts and bruises
- Head and traumatic brain injuries
- Shoulder, hip, and knee injuries
- Back and spinal cord injuries
If you were injured in a sideswipe accident, you may be entitled to compensation for your injuries, suffering, and property damage.
Contact our PBAR legal team for a free consultation. We know how to get our clients the best possible outcome in sideswipe accident cases. Call us at 1-800-265-9881 for a free case review.
What Should I Do After Being Injured in a Sideswipe Accident?
Whether your sideswipe collision is minor or severe, you should always stay at the scene until the authorities arrive and an official report has been filed.
A police report and other evidence gathered at the scene of the car accidents always play a crucial role in how personal injury cases play out.
If victims leave the sideswipe accident scene without filing a report or seeking medical attention, they may not have enough information to support a personal injury claim. Your insurance company will likely deny your claim.
Not reporting may seriously restrict any effort by your personal injury lawyer to secure fair compensation for your car accident-related expenses.
The following are the steps you should take after a sideswipe accident occurs, especially a multi-car sideswipe collision where it may be challenging to determine fault without enough evidence:
Call 911 immediately. A police report will be necessary to support your case and help prove who was present when the accident happened.
Gather contact information from as many witnesses at the car crash scene as possible. Eyewitnesses can be highly beneficial to a personal injury case and your accident attorney will want to follow up with them later.
Take photos of the scene. You will want to gather as much evidence as possible to show what happens when sideswipe accidents occur. Take photos of everything you can, including the damages, your injuries, the weather, and road conditions.
Shots of the scene as a whole and anything else that feels relevant to the sideswipe accident may also be valuable.
Seek medical attention. Medical documents and doctor statements are other crucial forms of evidence to prove that the sideswipe accident occurred and you were injured as a result. Do not skip seeking medical attention after a car accident, even if you initially feel fine. Sometimes significant injuries (like brain injuries) are not always immediately apparent.
Write down as much as you can remember. In addition to witness statements, write down what happened from your point of view. Consider where the other cars were, note whether you were headed in the same or opposite direction, and the presence of non-moving objects (like a parked car) that may have contributed to the sideswipe accident.
Everything and anything you can think of can be helpful to support your injury claim. However, never exaggerate or make false claims, as this can ultimately harm your case and be used against you.
Report the sideswipe accident to your car insurance company. After sideswipe accidents happen, you will need to inform your own insurance company of what occurred. They will help you get the claims process started. If another party is found guilty, their insurance will be the one to pay you for your damages.
However, if both parties are found liable or if the other party’s insurance denies your benefits, your sideswipe car accident lawyer may be able to recover some compensation for damages through your insurance.
Contact a car accident attorney. It is not uncommon for insurance companies to deny a claim to reduce the amount of money they have to pay injured sideswipe car accident victims. Both your insurance and the guilty party’s insurance company may try to get out of paying damages in car accident cases.
It is crucial to work with an experienced sideswipe car accident lawyer who knows how to fight back against insurers to get you the compensation you deserve.
At Poynter and Bucheri, we’ll fight for your rights. Call us at 1-800-265-9881 for a free case review and let an experienced attorney protect you against insurance companies.
Contact a Sideswipe Car Accident Attorney at Poynter & Bucheri
If you or a loved one are involved in a sideswipe accident, contact an experienced attorney at Poynter & Bucheri. Reach out for a free consultation, where we can explain your legal rights, discuss your options, and share our opinion of your claim.
Our advice on personal injury cases is based on years of experience handling car accident claims in Indianapolis and each experienced personal injury attorney in our firm knows how to fight for the compensation you deserve.
Call our law firm today at 1-800-265-9881 for a free case review from an experienced sideswipe accident lawyer.