Sideswipe Collision: Who’s at Fault & How to Claim Compensation

Getting sideswiped on the road can be a jarring experience, often leaving drivers feeling frustrated and unsure of what steps to take next. These types of accidents might seem minor, but they can lead to hidden damage and unexpected complications when it comes to insurance and liability. In this article, we’ll break down what you need to know after a sideswipe collision, so you’re prepared to protect your rights and get back on the road confidently.

What Is A Sideswipe Collision

A sideswipe collision occurs when two vehicles traveling in the same direction make side-to-side contact. This type of accident typically happens when one driver attempts to change lanes without adequate clearance or misjudges the distance to a neighboring vehicle. Sideswipe car accidents are most common in congested traffic or on multi-lane highways, where blind spots and quick lane changes increase the likelihood of such impacts.

While similar to other types of accidents, such as merge accidents or lane change collisions, sideswipes are distinct in that both vehicles are usually traveling side-by-side in adjacent lanes. Unlike rear-end collisions that impact the back of a vehicle or T-bone crashes that involve a perpendicular strike, sideswipes tend to involve scraping along the sides of the vehicles. Though often perceived as minor, sideswipe collisions can cause significant vehicle damage, affect alignment, and in certain cases, lead to loss of control—particularly at higher speeds.

Common Causes of Sideswipe Car Accidents

Sideswipe car accidents are a frequent occurrence on busy roadways and highways across the US, often resulting from driver negligence. Statistics from several states highlight the prevalence of these accidents: in 2022, Nashville alone reported 2,136 sideswipe collisions, Arizona recorded 1,067 fatal sideswipe crashes (representing 2.7% of all fatal accidents), and Florida and Texas both reported a high incidence of sideswipe incidents annually.

Sideswipe car accidents often stem from driver negligence, making them a common issue on busy roadways and highways and typically result from a few key behaviors, often rooted in driver negligence:

• Improper Lane Changes: Drivers who fail to signal or check blind spots before switching lanes are a leading cause of sideswipe collisions. Without proper awareness, they may veer directly into another vehicle.
• Distracted Driving: When drivers focus on phones, GPS, or other distractions, even a brief lapse in attention can cause them to drift out of their lane, increasing the likelihood of a sideswipe collision.
• Speeding: Excessive speed reduces a driver’s reaction time and makes it harder to stay within lane boundaries, particularly in dense traffic or during lane changes.
• Aggressive Driving: Some drivers attempt to “squeeze” into tight gaps between vehicles or switch lanes rapidly in high-traffic conditions, risking sudden sideswipe impacts.

Each of these actions can lead to sudden, unexpected sideswipes, leaving victims with damage to their vehicles and potential injuries.

Vehicle Damage in Sideswipe Collisions

Sideswipe collisions can lead to extensive vehicle damage, affecting multiple areas and systems. Externally, these accidents often cause deep scrapes, dents, broken side mirrors, and damaged door panels. However, sideswipes frequently result in hidden issues, including frame misalignment, compromised suspension, and wheel or tire damage, all of which can impact the car’s safety and handling.

The extent and cost of these repairs can also vary by vehicle type. For example, SUVs and trucks, which sit higher off the ground, may experience different impact points and damage patterns compared to smaller cars. According to the Insurance Information Institute, repair costs for sideswipe damage average between $500 to $2,000 depending on the severity and type of vehicle, though repairs involving structural adjustments or suspension work can raise costs significantly beyond this range. Beyond vehicle damage, even minor sideswipe collisions can result in injuries to drivers and passengers.

Common Injuries from Sideswipe Accidents

Injuries from sideswipe accidents vary based on the speed and force of impact. Whiplash is one of the most common injuries, as the sudden jolt strains the neck and shoulder muscles. Sideswipe collisions can also lead to shoulder injuries, since drivers often brace instinctively, which may cause muscle tears or even dislocations. Passengers on the side of impact face higher risks for injuries to the arms, ribs, and torso. Severe sideswipes can result in head injuries if passengers hit interior surfaces, leading to potential concussions or traumatic brain injuries. Additionally, the force of a sideswipe can cause fractures, especially to the collarbone and ribs, given the angle and intensity of impact.

Beyond physical injuries, many victims experience emotional trauma after a sideswipe accident. Anxiety, post-traumatic stress disorder (PTSD), and fear of driving are common responses that can affect a victim’s daily life and mental well-being. Recognizing both the physical and emotional toll of an accident is essential, as these effects can significantly impact recovery and may be considered when seeking comprehensive compensation. If you’ve experienced a sideswipe accident caused by another driver’s negligence, you may have grounds to seek compensation for damages once the fault is established in the accident.

Who’s at Fault in a Sideswipe Accident?

In a sideswipe crash, establishing fault typically centers on identifying which driver left their lane or made an unsafe lane change. Generally, the driver who fails to signal neglects to check blind spots, or shifts lanes abruptly is considered at fault. Traffic laws mandate that drivers maintain lane discipline and ensure safe clearance before changing lanes, holding those who violate these rules responsible for sideswipe collisions.

Evidence is key to proving fault in these cases. Police reports, witness statements, and dashcam footage, when available, can demonstrate negligence and support your claim. If you were the victim, gathering these documents strengthens your position and aids in proving liability. Collecting strong evidence—such as police reports, witness statements, and dashcam footage—can be instrumental in maximizing your compensation by clearly demonstrating the other driver’s responsibility. In cases involving severe injuries or extensive damages, consulting a personal injury attorney can help you understand your rights and build a solid case, ensuring that you receive fair compensation aligned with the specific circumstances of your accident.

Compensation After a Sideswipe Accident

In sideswipe collisions, especially, the ability to seek compensation depends largely on proving the other driver’s fault and the extent of your damages. Compensation can typically cover vehicle repairs, medical expenses, lost wages, and pain and suffering, especially if the accident caused a significant physical or emotional impact. Many states, including Florida, Texas, and Tennessee, follow a form of “comparative negligence,” meaning any compensation you receive may be adjusted based on your degree of fault. For instance, if you’re found partially responsible, your settlement could be reduced proportionally. Let’s examine this scenario in more detail.

Who Pays When Both Parties Are at Fault in a Sideswipe Accident?

When both drivers share responsibility in a sideswipe accident, such as when both attempted to change lanes simultaneously, determining who pays for damages can be more complex. In cases where each driver partially contributed to the accident, compensation typically follows each state’s comparative negligence or contributory negligence rules.

In comparative negligence states, like Texas and Florida, the fault is divided based on each driver’s degree of responsibility. For instance, if it’s determined that one driver was 60% at fault and the other 40%, the party with the higher percentage would pay a reduced amount of the damages to the other. However, the amount each driver can recover will be reduced by their own percentage of fault. This means, for example, if your damages are $10,000 and you are 40% at fault, you could still recover $6,000. Some states follow “modified comparative negligence,” meaning if you’re found more than 50% at fault, you may be barred from receiving any compensation from the other driver.

In contributory negligence states, which are less common, such as Maryland and Alabama, if both drivers are even slightly at fault, neither may recover damages from the other. This rule often results in a total bar on compensation if any degree of fault is assigned, making it crucial to build a strong case to minimize assigned fault.

Insurance companies rely heavily on evidence to determine fault percentages, especially when both drivers may share responsibility, as is often the case in a sideswipe crash. This makes collecting evidence crucial, regardless of whether you believe you were at fault. Such evidence can clarify which driver’s actions might have led to the collision. Having a clear checklist of steps to follow after a sideswipe collision is essential for protecting your rights and building a strong case. Let’s go over them next.

What to Do If You’ve Been in a Sideswipe Accident: How to Prove Someone Sideswiped You

If you’ve been involved in a sideswipe accident, taking the right steps immediately afterward can help protect your rights and build a strong case for compensation. Here’s what you need to do:

1. Ensure Safety First: Move your vehicle to a safe location out of traffic, if possible. Check yourself and your passengers for injuries, and call 911 to report the accident even if it’s a minor one.
2. Gather Evidence at the Scene to Prove Someone Sideswiped You: Start collecting evidence as soon as you’re able. Take clear photos of your vehicle and the other car from multiple angles to capture the damage. Damage patterns, particularly side scrapes and impact marks, can be crucial in proving that someone sideswiped you by showing which driver left their lane. Additionally, document road and weather conditions, as these details may strengthen your case by ruling out external causes.
3. Collect Witness Statements: Witnesses can provide powerful third-party accounts to support your claim. If bystanders saw the accident, ask for their contact information and a brief statement about what they observed. Witnesses can help confirm details, such as whether the other driver failed to signal or made an abrupt lane change, adding valuable support when you need to prove someone sideswiped you.
4. Secure Dashcam Footage: If you have a dashcam, preserve the footage as it may capture the exact moment of impact, including the other driver’s actions leading up to the collision. Dashcam evidence is one of the most compelling forms of proof, clearly documenting lane departures or sudden swerves that led to the accident and helping you prove someone sideswiped you.
5. Obtain the Police Report: Request a copy of the police report, as it includes the responding officer’s observations, which can support your version of events. Police reports are often relied upon by both insurance companies and courts to determine fault, making them invaluable.
6. Seek Medical Attention: Even if you feel fine, see a doctor as soon as possible. Injuries like whiplash or concussions may not show symptoms right away, and prompt medical records can support an injury claim if you later decide to pursue compensation.
7. Report the Accident to Your Insurance Company: Contact your insurer to report the accident, providing them with the essential details and evidence you’ve gathered. Be cautious about how you describe the accident, and avoid accepting any fault or downplaying injuries. Insurance adjusters will analyze your statements carefully, and even casual remarks may impact your claim.
8. Consult with a Personal Injury Attorney: Proving someone sideswiped you, especially when the other driver disputes responsibility, can be complex. An experienced car accident attorney can help you gather, and present your evidence effectively, and negotiate with insurance companies on your behalf, working to secure a fair settlement for you.

By following these steps, you can protect your rights, strengthen your position, and improve your chances of obtaining compensation for the damages and injuries caused by a sideswipe accident.

At Steinger, Greene & Feiner, our team of experienced car accident attorneys have successfully represented thousands of accident victims, and we understand the complexities involved in proving fault and securing fair compensation in cases like yours. With decades of experience handling sideswipe and lane change accident claims, we know how to gather and present evidence in a way that minimizes your degree of fault and maximizes your potential recovery. Call (800) 4316841 or contact us online to schedule your free case review now.

Remember, even a minor sideswipe accident can lead to more serious consequences than it may first appear. Having your case evaluated by a lawyer can provide valuable insights, allowing you to focus more on your recovery.