Understanding Liability in Sideswipe Accidents: Who’s at Fault?

A sideswipe crash can be a minor-looking accident, but it can lead to contentious liability disputes and costly insurance claims. Liability in such accidents is not always straightforward since both parties could have some degree of fault. Drivers will learn from understanding how liability is determined in sideswipe crashes and should know what to do in case of an accident.

What is a Sideswipe Accident?

A sideswipe collision is when two vehicles traveling in the same or opposite direction hit each other along their sides. Sideswipe collisions are likely to occur due to incorrect lane changes, failure to check blind spots, straddling, or sudden change of direction in heavy traffic. While some sideswipe accidents result in minor scrapes or dents, others can lead to severe damage, loss of vehicle control, and even multi-car pileups.

How is Fault Determined in a Sideswipe Collision?

Assigning fault in a sideswipe accident requires an examination of the events leading up to the collision. Here are some of the most common factors used to establish liability:

Failure to Signal or Yield

Many sideswipe accidents occur because a driver fails to use turn signals when changing lanes. If a driver merges without signaling or yielding to another vehicle already occupying the lane, they are likely to be found at fault.

Improper Lane Changes

Drivers must ensure it is safe to change lanes before doing so. If a driver moves into another lane without properly checking blind spots or misjudges the space available, they can be held liable for any resulting collision.

Drifting Between Lanes

Distractions, impairment, or drowsy driving can cause a vehicle to drift into another lane unintentionally. If a driver is found to have lost focus on the road or was engaging in reckless behavior, they will likely be considered at fault.

Both Drivers Merging Simultaneously

In some cases, both drivers may be attempting to merge into the same lane at the same time. When this occurs, the fault may be shared if both drivers fail to check their surroundings before moving.

Speeding or Reckless Driving

A driver who is speeding, weaving between lanes, or engaging in other reckless driving behaviors may bear full or partial liability for a sideswipe accident. If one of the drivers was driving recklessly and the other driver was being cautious, then the reckless driver would be found at fault.

What Evidence Helps Support Fault?

Following a sideswipe collision, it is crucial to collect evidence to help determine fault. The following are some of the most significant forms of evidence that can support an insurance claim or court case: If one driver was acting negligently while the other was operating responsibly, the reckless driver would likely be found at fault.

Evidence That Helps Establish Fault

After a sideswipe collision, gathering evidence is crucial for determining liability. Here are some key forms of evidence that can support an insurance claim or legal case:

• Dashcam or Surveillance Footage: Video recordings can provide clear proof of how the accident occurred and which driver was at fault.
• Eyewitness Testimony: Statements from nearby drivers or pedestrians can help clarify the sequence of events.
• Police Reports: If law enforcement responds to the accident, their report may contain an assessment of fault based on statements from both drivers and witnesses.
• Vehicle Damage Analysis: The location of the damage on both vehicles can help reconstruct how the accident occurred and who was merging improperly.
• Traffic Laws and Road Conditions: If one driver violates a traffic law—such as failing to yield or crossing solid lane markings—they are more likely to be found at fault.

Can Both Drivers Be at Fault?

In some situations, both drivers may share responsibility for a sideswipe accident. Many states follow comparative negligence laws, meaning that liability can be divided between the parties involved. For example:

• If one driver failed to check their blind spot while merging, but the other driver was speeding, both could share a percentage of fault.
• If both drivers attempted to merge into the same lane simultaneously without proper caution, they could each bear a portion of the liability.

When liability is shared, compensation from an insurance claim may be reduced based on the degree of fault assigned to each driver. For example, if a driver is found to be 30% at fault, their insurance payout may be reduced accordingly.

Steps to Take After a Sideswipe Accident

If you’re involved in a sideswipe collision, taking the right steps can protect your rights and help you establish fault more effectively:

1. Stay Calm and Check for Injuries: Ensure that you and any passengers are safe. Call emergency services if medical attention is needed.
2. Move to a Safe Location: If possible, move your vehicle out of traffic to prevent further incidents.
3. Document the Scene: Take photos of vehicle damage, skid marks, road signs, and any other relevant details.
4. Exchange Information: Collect the other driver’s insurance details, contact information, and license plate number.
5. Speak to Witnesses: If anyone saw the accident, ask for their contact information in case their statement is needed later.
6. File a Police Report: If law enforcement arrives at the scene, request a copy of their report for your records.
7. Notify Your Insurance Company: Report the accident to your insurer as soon as possible and provide them with all relevant details.
8. Consult a Lawyer if Necessary: If liability is disputed or you’re facing challenges with your insurance claim, legal advice can help protect your interests.

The Challenges of Fault Identification

Fault identification in a sideswipe crash can be challenging, especially when both drivers claim they had the right-of-way. Understanding how liability is assigned, gathering the right evidence, and following proper post-accident procedures can protect drivers from unjust blame and ensure they are fairly compensated. If you’ve been involved in a sideswipe accident and need legal counsel, consulting with a seasoned attorney can help you navigate the complexities of insurance claims and liability disputes.