What to do if you side swiped a car
A sideswipe accident happens when two cars traveling in the same direction make contact, usually when one driver tries to change lanes. If you’ve ever been in this situation, you know it can be stressful and confusing.
One of the trickiest parts is figuring out who was at fault. Determining fault is essential to insurance claims and compensation. It’s easy to get into a “he said, she said” situation, which is why having solid evidence is so important.
This guide will walk you through the common causes of sideswipe accidents, how to determine who’s liable, the steps you should take immediately after the incident, and why talking to a lawyer can be a smart move.
What constitutes a sideswipe accident?
A sideswipe accident happens when the sides of two vehicles make contact, typically while moving in the same direction. Unlike a head-on collision or a rear-end accident, a sideswipe involves a glancing blow between the sides of the vehicles.
Sideswipes tend to happen in particular situations, such as when someone is merging onto a highway, changing lanes in heavy traffic, or navigating a construction zone.
Distinguishing factors
After a sideswipe, you may notice the following:
- Vehicle damage. The type and location of the damage can tell you a lot about how the accident occurred. Remember that the amount of damage will depend on the speed of the vehicles involved.
- Paint transfer. Paint can sometimes transfer from one vehicle to the other during a sideswipe, and this can be used as evidence. Keep in mind that paint transfer alone doesn’t necessarily establish who was at fault.
- Scrape marks and debris. The patterns of scrapes and scattered debris can give clues as to the direction the vehicles were traveling.
Determining fault in a sideswipe accident
If you’ve been sideswiped, you’re probably wondering who’s at fault. Here’s a quick look at how liability is determined.
Factors influencing liability
In most cases, the driver who failed to stay within their lane is the one who caused the accident. Florida Statute 316.089 requires drivers to make lane changes safely. Sideswipes are often caused by distracted driving, speeding, and unsafe lane changes.
Evidence gathering and analysis
Figuring out who caused the accident involves gathering and analyzing evidence like:
- Physical evidence. Vehicle damage, paint transfer, scrape marks, and any debris left at the scene can provide valuable information.
- Witness testimony. Eyewitness accounts can help establish the sequence of events that led to the sideswipe.
- Video footage. If there’s dashcam or surveillance footage of the accident, it can be extremely helpful.
- Expert consultation. Accident reconstruction experts can analyze the evidence and provide expert testimony, but this is usually done in cases involving serious injuries or fatalities.
Comparative negligence
Florida follows the rule of comparative negligence, which means that more than one person can be at fault in an accident. If you are found to be partially responsible for the sideswipe, it doesn’t necessarily mean you can’t recover any damages. However, the amount you can recover will be reduced by your percentage of fault.
Immediate steps to take after a sideswipe accident
A sideswipe collision can be scary, and it’s easy to feel disoriented. Here’s a guide on what to do right after the accident.
Ensuring safety and reporting the accident
- If possible and safe, move your car out of the flow of traffic. Turn on your hazard lights.
- Call 911 to report the accident and ask for the police to investigate. It’s important to have an official record of what happened.
- Never agree with the other driver not to call the police. Even if the damage seems minor, you want to protect yourself.
Gathering information and documenting the scene
- Exchange information with the other driver. Get their name, contact information, and insurance details.
- Take photos of the damage to both vehicles. Make sure the photos clearly show the extent of the damage.
- Document the accident scene with photos. Include the location, any skid marks, debris on the road, and the overall road conditions.
- Get the names and contact information of any eyewitnesses. Their accounts could be valuable.
Medical attention and documentation
- Assess whether you or anyone else needs medical attention. Don’t hesitate to call for an ambulance if necessary.
- Seek medical attention even if you feel fine. Some injuries, like whiplash, might not be immediately apparent. Getting checked out creates a medical record linking any later symptoms to the accident.
Navigating insurance claims and legal recourse
After a sideswipe, you’ll likely have to deal with insurance companies. It’s helpful to know how they operate and when you might need legal help.
Understanding insurance company tactics
Insurance companies are often looking to minimize how much they pay out on claims. When it comes to a sideswipe accident, they’ll focus on who was at fault, often concentrating on which driver left their lane.
When to consult an attorney
It’s a good idea to talk to a lawyer if you’ve been seriously injured, if there’s a dispute about who was at fault, if you’re having trouble with the insurance company, or if the case is complex for any other reason. If you’ve been injured, reach out to a lawyer as soon as you can. Getting legal advice early can protect your rights and help you get the compensation you deserve.
Potential compensation
A lawyer can advise you on the types of damages you may be able to recover. This could include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
Common causes and prevention of sideswipe accidents
Sideswipe accidents are more common than you might think. Here are some of the factors that contribute to them.
Identifying common causes
- Distracted driving, including texting, talking on the phone, eating, or fiddling with the radio
- Drowsy driving caused by fatigue
- Impaired driving due to alcohol or drug use
- Reckless driving, including speeding and disregard for traffic laws
- Unsafe lane changes, including failing to check blind spots or signal properly
Preventative measures
The steps you can take to avoid a sideswipe accident are pretty straightforward.
- Always practice safe driving habits, including obeying speed limits and traffic laws.
- Check your blind spots carefully before you change lanes.
- Eliminate distractions while you’re driving.
- Get enough rest before you get behind the wheel.
Summary
If someone sideswipes your car, you should document the scene, collect evidence, and seek medical attention if necessary. These steps are important whether you’re at fault or not.
It’s also essential to know your rights and get legal advice, particularly if the accident causes injuries or involves a dispute about who was at fault. An attorney can help you navigate the claims process and protect your interests.
Finally, remember that safe driving habits and awareness can prevent future accidents. Pay attention to your surroundings, avoid distractions, and drive defensively.