How Is Liability Determined in a Sideswipe Car Accident and Who Pays the Compensation?

Friday, October 25th, 2024

When two vehicles traveling side-by-side collide, it is known to be a sideswipe car accident. However, determining the at-fault party in these accidents becomes quite challenging. So, the surrounding components, such as positioning and driver behavior, must be considered. When you are in such a situation, you can get the best legal aid in San Diego, who have experience determining liability. Now, let’s learn how liability is typically determined in sideswipe car accidents.

Understanding Fault in Sideswipe Accidents

If there is a fault in a sideswipe accident, it is located where the driver deviated from the original. Evidence is also collected to understand which driver failed to yield the right of way. A driver is supposed to stay within their lanes and signal during the lane changes. So, the driver who neglects these responsibilities is liable for the accident. They become liable if the driver changes lanes without adequate prior concern. However, if the evidence is insufficient to determine which party is liable, both have to contribute.

Common Causes of Sideswipe Accidents

The most common reasons why sideswipe accidents occur are:

  • If the driver does not signal or check the blind spots while changing lanes.
  • When drivers fail to merge smoothly on highways and exit ramps, accidents might occur.
  • If the driver is distracted due to texting or eating while driving, the vehicle might drift unintentionally.
  • If the driver is driving aggressively, like speeding or weaving in and out of lanes, increases the chance of accidents.

Thus, evidence is required, in the form of witness statements or dashcam footage, to prove liability. You also need to get the reviewed documents from the police and insurance adjuster. However, if you are confused, it is time to hire a car accident lawyer San Diego who can use their legal power to gather evidence and strengthen the case.

Proving Negligence in Sideswipe Cases

To prove whether the driver is at fault, the other must establish the negligence by –

  • One needs to follow the traffic rules and ensure the safety of others, failing which proves to be negligent.
  • If the collision occurs due to negligence, such as failure to check mirrors.
  • Evidence related to injuries and vehicle damage is also evident to prove someone’s negligence.

What Happens When the Fault is Shared?

In some cases, it has been evident that both drivers are at fault, so comparative negligence is applicable, based on which the percentage of fault reduces the compensation amount received by the driver. Moreover, every state has its own set of rules to handle shared fault, so if you face a sideswipe, try to understand the local laws.

Conclusion
When you get involved in a sideswipe accident, it’s essential to photograph the vehicle damages and the surrounding area. Contact the police and collect witness information to support your claim. Always seek medical attention, whether your injuries are major or minor. Additionally, to expedite claims processing, promptly report the accident to your insurance company. Finally, don’t underestimate the importance of experienced attorneys working on a contingency basis, as they can be crucial for obtaining fair compensation. And while addressing your vehicle’s appearance, consider car detailing to restore its look and remove any signs of damage, helping maintain its value.

About the Author