Sideswiping accidents typically occur when a car driver makes a mistake in judging the distance between their car and other cars on the road or suddenly swerves into an adjacent lane. This can cause severe injuries and even result in death of someone. The Insurance Information Institute reported 940 fatal sideswipe accidents in 2016 alone, according to a study by the Department of Transportation, National Highway Traffic Safety Administration.
Understanding Sideswipe Car Accidents
According to the National Safety Commission (NSC), a sideswipe accident takes place when two vehicles traveling parallel to each other converge and collide.
In most cases, this happens as a consequence of:
- Wandering from a lane due to distracted driving
- Failing to properly merge or safely change lanes
- Wavering from a lane due to impaired driving brought on by alcohol or drug use
- Overcorrecting when confronted by a road hazard
- Incorrectly judging the distance between vehicles
Sideswiping accidents are common and can occur anywhere at any moment. Every year, 242,000 such accidents happen in the United States, causing an average of 27,000 injuries and 2,500 deaths, according to the NSC.
Ascertaining Liability in a Sideswipe Accident
According to the Consolidated Vehicle and Traffic Law of New York, “A motor vehicle must be driven as far as possible entirely within a single lane and must not move from the lane until the driver has first determined that such movement can be safely made.”
This means that car drivers in New York are obligated to keep to their lanes unless they can practically deem it safe to change lanes. Drivers can change lanes dangerously either by accident or on purpose, because of factors like distractions, fatigue, and blind spots.
No matter what the reason may be, the driver who breaks from their lane would most likely be responsible for the sideswipe and would be liable for any resultant collision and damage. Due to the negligence of the driver, their insurance company may also be liable to reimburse ensuing costs and medical bills.
Have you or someone you care about faced a severe injury or death due to a sideswipe collision resulting from the negligence of another driver? If yes, you may have a strong case for compensation to cover your damages occurring from physical and mental trauma, lost wages, and medical bills.
Causes of Sideswipe Accidents in New York
While sideswipe accidents in New York can happen due to a variety of reasons, some of the most common factors include:
- Drivers who fail to look and check the opposite lane before changing lanes
- Aggressive swerving between lanes, which can be dangerous to motorists and pedestrians alike
- Drivers not being able to properly merge while entering highways or interstates
- Distractions like looking at an accident nearby and taking eyes off the road
- Driver fatigue brought on by unreasonably long periods of driving
- Impaired driving brought on by the influence of drugs or alcohol
- Quick swerving to avoid another vehicle
- Swerving to avoid a pothole
- Mechanical failures in the steering mechanism of the car
- Distractions due to texting or talking on the phone while driving
- Eating during driving
- Swerving to avoid objects or debris on the road
Sideswipe Accidents: Who is at Fault?
Determining fault in a sideswipe accident can be a complicated process. Some of the key factors may include the location of the vehicle within the road lines, their direction of travel, and where they end up on the road.
Statements from the involved drivers and nearby witnesses can be used to determine fault. If one driver was keeping to their lane while the other was crossing a lane divider or central lane, the latter would be held responsible for causing the accident.
In New York, liability is apportioned under the comparative fault statute. This can make each party partially liable for the accident. If you were 50% to blame for the accident, the chance to collect damages can disappear completely. If your fault is ascertained to be less than 50%, the degree to which the court decides you are at fault would proportionally reduce your damages.
For example, you are awarded $100,000 in damages in a sideswipe accident injury case. If the court decides that you are 30% responsible for the accident, your damages will decrease by 30% and you will end up receiving $70,000 as actual compensation for your personal injuries.
Commonly Occurring Injuries
A wide range of injuries, from minor to severe, can result from sideswipe accidents. These can include:
- Back pain
- Fractures
- Neck and back injuries, including those involving paralysis
- Brain trauma like concussions
- Severed limbs
- Death
While people do not usually die in sideswipe accidents, more than 32,000 people die annually in the United States due to car accidents. If you or someone you care about has fallen victim to a sideswipe collision, you would require skilled and experienced legal representation to navigate the process of personal injury claims.
What You Can Do After a Sideswipe Accident
These five steps can get you started:
- Immediately place a call to emergency services. Even if you seem unaffected by the accident, the details need to be properly documented. The police officers on the scene would interview you, other drivers involved in the accidents, and witnesses and bystanders. These details would then be mentioned in the police report.
- Another way you can reliably document the accident is by taking detailed photos. Getting photos of the scene of the accident would help your attorney reconstruct the events that led to the accident. The photos can also help your case in court and help you out with the insurance companies.
- It is important to seek medical evaluation in haste. As soon as you can after the accident, you should get yourself thoroughly checked by a medical professional. Even if you do not feel pain or see visual cues for damage, there might be internal injuries. A doctor can help ascertain the nature and extent of your injuries and this documented evidence can come in handy while seeking compensation.
- You need to understand that insurance companies prioritize profits and not helping injured people. For this reason, always divert any attempted communication from insurance companies to your attorney. Even an absent-minded admission of fault can harm your case. Engage a personal injury lawyer immediately after the accident to handle communications with insurance companies.
- To know if you are eligible to file a personal injury claim, appoint a veteran car accident attorney. A law firm experienced with auto accidents, like Rosenberg, Minc, Falkoff & Wolff, LLP,can provide important insight regarding how much compensation you can seek and how you can go about recovering it. You should not be obligated to pay the costs arising from your injuries if you have no fault in the accident. A reputed personal injury lawyer can help you maximize your compensation.
Damages that You Can Fight For
The first thing you should focus on if you or someone you care about has been injured in a sideswipe accident is recovery. It is a good idea to delegate the legal complexities and the search for just compensation to a reliable and aggressive attorney.
If you choose to work with us in these trying times, we can help you with:
- All present and future medical bills
- Costs related to rehabilitation
- Compensation for lost wages now and in future
- Damages related to pain, emotional distress, and other non-economic damages
A lot of times, clients do not realize the financial liability that even minor injuries can bring. Medical bills can quickly pile up and the insurance company representing the other involved party can use your need for quick money nefariously and lowball you with a settlement offer that would be unlikely to cover your medical expenses.
While your settlement might come in handy at present, it might not be enough to cover future costs. We, at Rosenberg, Minc, Falkoff & Wolff, LLP can advise you regarding the right settlement offer to sign using our vast experience dealing with similar cases.
Benefit from Our Skills and Expertise
There can be severe consequences resulting from sideswipe accidents, especially if the vehicles involved are at high speeds. New York law gives you the ability to seek compensation from the party responsible for causing you injury from a sideswiping collision.
If you or someone you care about has sustained an injury in a sideswipe collision, the best foot forward would be to get in touch with a skilled and experienced lawyer who is well-versed in the legal nuances of personal injury cases and the medical issues resulting from car accidents.
At Rosenberg, Minc, Falkoff & Wolff, LLP, we rely on a deep understanding of these nuances to help you obtain maximum compensation and the promise of a new life if you are a sideswipe accident victims in New York. Until we help you get the compensation you deserve, you do not need to pay us anything. You can schedule your appointment with our dedicated personal injury attorneys by using our online contact form or calling us at 212-344-1000.
