Who is at Fault in a Sideswiped Car Accident Collision?

Sideswipe car accidents can happen in an instant—often when one vehicle drifts into another lane or attempts a careless lane change. Determining fault in a sideswiped collision is crucial, as it affects liability, insurance claims, and legal responsibility. At Robert J. DeBry & Associates, we’re here to clarify the complexities surrounding sideswipe accidents, helping you understand who’s typically at fault and how you can protect yourself.

What is a Sideswipe Accident?

A sideswipe collision occurs when two vehicles traveling parallel to each other make contact on their sides. These accidents often take place during lane changes, merges, or when one driver veers out of their lane. Though not always as severe as head-on or rear-end collisions, sideswipes can still result in significant damage to both vehicles and injuries to passengers. In some cases, they can even lead to multi-vehicle crashes.

Common Causes of Sideswipe Accidents

To determine who’s at fault, it’s important to consider how sideswipe accidents happen. Some common causes include:

• Unsafe Lane Changes – One driver changes lanes without checking their blind spot or using turn signals.
• Distracted Driving – A driver is texting, talking on the phone, or otherwise distracted and drifts into another lane.
• Failure to Yield – When merging, a driver doesn’t give right-of-way to vehicles already on the road.
• Aggressive Driving – Tailgating or trying to “squeeze” between vehicles can cause drivers to misjudge distance.
• Drunk or Impaired Driving – Alcohol or drug impairment can lead to poor judgment and coordination, causing a driver to lose control of their vehicle.
• Road Rage – Intentional reckless driving can lead to sideswipe collisions when a driver becomes overly aggressive.

Determining Fault in a Sideswipe Accident

In most sideswipe collisions, the driver who strayed from their lane or failed to check their surroundings is usually at fault. However, determining fault can sometimes be complicated due to conflicting accounts or insufficient evidence. Here’s how fault is generally assessed:

1. The Driver Who Changed Lanes – In many cases, the driver who initiates a lane change is held responsible. If the driver didn’t signal properly, check their blind spot, or yield to oncoming traffic, they are likely at fault.
2. The Driver Who Drifted – If a driver drifts into another lane due to distraction or impaired driving, they are typically responsible for the accident. This type of negligence is often clear when reviewing the scene of the accident or traffic camera footage.
3. The Non-Yielding Driver – A driver who fails to yield while merging onto a highway or exiting a freeway ramp may also be liable. Traffic laws require drivers to yield to those already traveling in the lane they wish to enter.
4. Shared Fault – In some cases, both drivers may share fault. For instance, if both vehicles are changing lanes simultaneously or if one vehicle was speeding while another drifted, both parties may be found partially responsible. In states like Utah, where comparative negligence applies, this could affect the percentage of damages each party is responsible for.

Proving Fault in a Sideswipe Collision

To successfully file an insurance claim or lawsuit, you must prove who was at fault in the sideswipe accident. Evidence plays a crucial role in these cases, and here’s what you’ll need to establish liability:

• Police Reports – When law enforcement arrives at the scene, they will document their findings in a report. This can be invaluable for determining fault, as it may include officer observations, statements from both parties, and witness accounts.
• Eyewitness Testimony – Third-party accounts from witnesses can provide unbiased support to your claim, confirming which driver appeared to have caused the accident.
• Traffic Cameras or Dashcam Footage – Video footage can be a key piece of evidence to show exactly how the accident happened. Dashcams are particularly helpful as they capture real-time events, from lane changes to sudden drifts.
• Damage to Vehicles – The location and severity of damage to the vehicles involved can indicate how the sideswipe occurred. If damage is mostly to the sides of one car, it may point to the other vehicle initiating contact.
• Traffic Laws – Proving that the other driver violated a traffic law, such as failing to signal or yielding, strengthens your case for fault.

What to Do After a Sideswipe Accident

If you’ve been sideswiped, it’s essential to take the right steps to protect yourself and ensure that fault is determined fairly:

1. Check for Injuries – First and foremost, ensure everyone is safe. Check yourself, your passengers, and others involved for injuries, and call for medical help if needed.
2. Call the Police – Even if the accident seems minor, contact the police to file an official report. This document will be crucial when filing insurance claims.
3. Document the Scene – Take pictures of the damage, the road, and the position of the vehicles. Make note of any skid marks, debris, or traffic signs. If there are witnesses, get their contact information.
4. Exchange Information – Swap details with the other driver, including names, phone numbers, license plate numbers, and insurance information.
5. Contact Your Insurance Company – Notify your insurer as soon as possible to begin the claims process. Be honest about the events and provide any evidence you have to support your side of the story.

Can You Still File a Claim If You’re Partially at Fault?

In some states, you can still recover compensation even if you’re partially at fault for the accident. This is known as comparative negligence. In Utah, for example, you can recover damages as long as you are less than 50% at fault. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you’re found to be 20% at fault, your compensation will be reduced by 20%.

The Importance of Legal Representation

Sideswipe accidents can become complex, especially when fault isn’t clear or when both parties are partially responsible. Having an experienced personal injury lawyer can make a significant difference in ensuring your rights are protected and you receive the compensation you deserve.

At Robert J. DeBry & Associates, we have decades of experience handling car accident claims, including sideswipe collisions. Our team of skilled attorneys will investigate the accident, gather the necessary evidence, and negotiate with insurance companies on your behalf to maximize your compensation.

Conclusion

In sideswipe accidents, determining fault is often straightforward but can become complicated without proper evidence. Typically, the driver who changes lanes or drifts out of their lane is at fault, but each case is unique. If you’ve been involved in a sideswipe collision, it’s essential to gather as much information as possible and seek professional legal advice.

If you need assistance after a sideswipe accident, contact Robert J. DeBry & Associates for a free consultation. We’re here to help you navigate the complexities of fault, insurance claims, and recovery so that you can focus on healing.