What Happens If Someone Sideswipes Your Car?

If someone sideswipes your car, you may sustain injuries and property damage. After such a traffic accident, state law may allow you to pursue compensation for the resulting losses. In California, negligence is often the basis of liability in injury cases. By establishing liability, you can seek an insurance settlement from the at-fault driver’s policy.

Fault depends on who moved into the other lane or otherwise drove unsafely. A drifting driver, an unsafe lane-changer, or both drivers can share fault.

Injuries And Vehicle Damage Due To Sideswipe Accidents

Sideswipe accidents often happen suddenly. The force of one vehicle making unintended contact with the side of another can unexpectedly jerk or twist the body. You can still sustain severe injuries when someone sideswipes your car while traveling at a moderate speed.

Some common injuries include:

• Head Trauma: If a driver or passenger’s head strikes the window, door frame, or pillar during a sideswipe accident, it may result in concussions or traumatic brain injuries (TBIs). These can affect cognitive and physical functioning.
• Soft Tissue and Muscle Damage: The sudden sideways motion can strain or tear muscles, ligaments, and tendons. Victims often sustain these injuries in the neck, shoulders, and back as the body braces for impact.
• Broken Bones and Crush Injuries: In sideswipe collisions, the side of the vehicle can cave in, or the door area can get pushed inward. Victims may sustain broken arms, legs, ribs, or hips. In severe cases, they could get pinned inside the vehicle, causing crush injuries that also damage nerves and soft tissue.

In addition to physical injuries, sideswipe collisions can also cause noticeable vehicle damage. These may include:

• Dented or scraped side panels.
• Broken or damaged side mirrors.
• Scratched paint.
• Door misalignment.
• Structural frame damage.

When victims suffer losses in these incidents, they may be able to seek compensation through an insurance claim or a lawsuit. A key step in the process is determining fault.

Fault And Comparative Negligence In Sideswipe Collisions

The California Vehicle Code (CVC) establishes a clear rule: a driver may not change lanes until they can do so with reasonable safety. When they break this law, that violation can serve as evidence of negligence. However, you still have to prove that their act caused the accident and your losses.

Some evidence you can use to establish fault in a sideswipe accident may include:

• Vehicle Damage Patterns: Paint scuffs, scrape marks, and impact angles on both cars show which vehicle crossed into the other lane. Driver-side scrapes, paired with the other car’s passenger-side damage, clearly point to who crossed first.
• Dashcam Video: This footage can help show how the sideswipe collision occurred. It may come from either vehicle involved in the sideswipe collision, as well as from nearby or trailing vehicles.
• Police Report: The responding officer’s report documents the scene, records any citations issued, and may include a diagram of the crash.
• Independent Witness Statements: Witnesses can provide unbiased descriptions of which driver left their lane.

However, a shared fault issue may arise from sideswipe collisions. For instance, both vehicles may fail to check their blind spots before merging into the same lane from opposite sides. Whether both drivers share the blame may depend on several factors. Those factors include speed, signaling, and whether each driver checked their blind spots or mirrors.

The pure comparative negligence rule applies in California. It allows parties to seek compensation even if both were at fault in an accident. Their share of the blame may limit the amount of compensation they are entitled to. For instance:

• You are 20% at fault.
• Your total damages are $50,000.
• You can only pursue 80% of your losses or $40,000.

Adjusters build their fault assessment from specific evidence. Sideswipe accident attorneys can help gather and present this evidence for a fair evaluation of liability. Parties may review the accident report and study the damage to both vehicles. They also weigh driver and witness accounts and review any available video footage. The strength of your evidence helps determine your fault percentage.

Steps To Protect Your Rights After Being Sideswiped

Your actions immediately following a sideswipe accident directly impact the strength of your personal injury claim. Acting quickly and deliberately protects your legal right to pursue fair compensation. You must document the crash scene, seek prompt medical attention, and notify the authorities. These initial steps prevent crucial evidence from disappearing.

Consider these steps to protect your claim:

• Get Medical Attention: See a doctor as soon as possible, even if you feel fine. Some injuries, such as soft-tissue damage or internal bleeding, may not show symptoms right away. Delaying treatment can allow injuries to worsen and make it harder to link them to the crash.
• Preserve Evidence: Collect and organize all available evidence, including photos of the accident scene, dashcam footage, and witness statements. You can share these materials with your sideswipe accident attorney if you decide to pursue a claim.
• File an Official Police Report: You can still file a report after leaving the scene. Contact your local police department or the CHP to submit one. An official report documents the crash details that may support your claim.
• Notify Your Insurance Company: Report the crash to your insurer so you can access certain benefits while your claim is still ongoing.

If you are feeling overwhelmed and are thinking, “I need a personal injury lawyer to help me with my case,” consider asking a lawyer to explain your rights and options. A consultation can also help you decide whether to get legal representation, especially in cases where insurance adjusters dispute fault.

Frequently Asked Questions About Sideswipe Accidents In California

Navigating the aftermath of a sideswipe collision can be confusing, especially when insurance adjusters begin disputing liability. You likely have pressing questions about your legal rights, auto coverage, and what to expect from the personal injury claims process. The answers below address the concerns victims most frequently have about California sideswipe cases.

How Long Do I Have To File A Sideswipe Accident Case In California?

For insurance claims, deadlines depend on the policy terms, which is why it’s important to report the accident as soon as possible. For lawsuits, California law sets a statute of limitations for how long you have to file a case. In most personal injury cases in California, you generally have two years from the date of the crash to sue for personal injury. For property damage, the time limit is three years from the accident date.

If the at-fault driver was working for a government agency, such as a city or county, the deadline is much shorter. You have only six months to file a formal government claim. Missing these deadlines can affect the validity of your claim, regardless of how strong your evidence is.

What Types Of Compensation Can I Get After A Sideswipe Accident?

You may be able to seek the following types of compensation after a sideswipe accident:

• Economic Damages: These cover financial losses. Examples include:
  • Medical Bills: Emergency room visits, surgery, chiropractic care, and other treatments related to your injuries.
  • Lost Income: Wages you could not earn because your injuries kept you from working.
  • Property Damage: The costs of repairing or replacing your car and other damaged personal belongings.
• Non-Economic Damages: These cover personal losses, such as:
  • Pain and suffering.
  • Loss of enjoyment of life.
  • Loss of consortium.
• Punitive Damages: Courts only award them in rare cases where the at-fault party acted with extreme negligence or recklessness.
• Wrongful Death Damages: This blog on the most common types of car accidents notes that, of all the fatal crashes recorded in the U.S. in 2022, 1,067 of them were sideswipe collisions. In cases like these, eligible surviving family members can pursue wrongful death claims. These typically cover related losses, such as funeral and burial costs.

Can I Get Compensated If The Other Driver Is Uninsured Or Underinsured?

Yes. If the at-fault driver has no insurance or not enough to cover your damages, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on your own policy can cover the gap. UM and UIM coverage applies to exactly this situation. They can also help in the event of a hit-and-run.

Review your policy to confirm your coverage limits. Report the crash to your insurer promptly so you do not miss any filing requirements in your policy terms.

What Happens If Both Drivers Try To Merge Into The Same Lane At The Same Time?

When two drivers merge simultaneously, there may be shared liability. Fault is divided based on the specific facts of the collision. Key factors include which car was ahead, whether either driver used signals, and what witnesses saw.

Your share of fault can reduce the compensation you may be able to pursue. As these cases can be complex, some victims seek free advice from a sideswipe accident lawyer to understand liability.

Get Legal Help From Arash Law After A Sideswipe Accident

A sideswipe accident leaves real injuries, real lost income, and a complex legal process ahead. Our sideswipe accident attorneys at AK Law can handle the complexities of these cases. We can gather evidence and negotiate on your behalf.

If your concern involves the question, “Do lawyers only get paid if they win?”, know that our injury law firm handles cases on a contingency fee basis. Under this arrangement, we only get paid attorney’s fees if we win or settle your case. Call us at (888) 488-1391 for a free initial consultation.