Who Is at Fault in a Sideswipe Accident?

To determine fault in a sideswipe car crash, it is essential to establish negligence: the basis for all personal injury claims and civil litigation related to traffic accidents.

Identifying who is responsible for a sideswipe accident is crucial because you may have the right to financial compensation if you were injured and the other party is at fault. Our dedicated car accident lawyers from Osborne & Francis have provided zealous and comprehensive care on behalf of our clients since 2015.

Let us help you obtain the financial support you are owed and hold those responsible accountable. Fill out our private contact form or call our office at (561) 293-2600 to schedule your free consultation with us today. We can help you figure out who is at fault in a sideswipe accident and what legal options are available for you.

What Is a Sideswipe Collision?

Sideswipe accidents occur when two vehicles traveling in the same direction collide, typically due to one vehicle veering into the other's lane. This can happen for various reasons, such as distracted driving, impaired driving, aggressive driving, adverse weather conditions, or vehicle malfunctions. Other common causes of car accidents and sideswipe accidents include:

• Swerving in traffic
• Drifting into other lanes
• Road rage or speeding
• Reduced visibility
• Traction issues due to weather or vehicle malfunction
• Brake failure or tire blowouts 

Sdeswipe accidents can be caused by impatience, carelessness, and different types of negligent driving. When lane changes cause sideswipe accidents, injuries can be severe. 

Sideswipe Car Accidents Aren’t Always Minor 

While sideswipe accidents may seem less severe than head-on collisions, common severe car accident injuries can still occur. Sudden impact can cause whiplash, broken bones, internal injuries, and even traumatic brain injuries. If you have been seriously injured in a sideswipe accident, seek medical attention immediately.

Data from the National Safety Council revealed sideswipe collisions resulted in 1,600 deaths in 2022.

Furthermore, in 2023, an estimated 830,000 sideswipe accidents occurred, constituting approximately 13% of all traffic collisions, according to the National Highway Traffic Safety Administration (NHTSA). 

Determining Sideswipe Car Accident Fault Can Be Challenging

When determining who is at fault in a sideswipe accident, you must consider how the cars collided. It might seem simple to figure out who caused a sideswipe accident, as it’s usually the driver who didn’t stay in their lane. 

Fault determination for sideswipes in the same direction comes down to the sideways movement of the vehicles involved. When you investigate how to tell who sideswiped who, this type of motion can show who veered into who.

If one vehicle travels in a straight line and obeys traffic laws, they are less likely to be considered at fault for a sideswipe accident. Most sideswipes in the same direction happen when one car veers into another traffic lane or makes a similar movement. 

Investigating Sideswipe Car Accident Fault

To seek compensation, you must demonstrate that a negligent driver caused your car accident. This means proving that they acted carelessly or recklessly, leading directly to the accident. To establish a case for negligence, you will need to prove four key points:

• Duty of Care: The other driver was legally obligated to maintain their lane and ensure the adjacent lane was clear before changing lanes.
• Breach of Duty: The driver failed to fulfill this obligation by driving unsafely or disregarding traffic laws.
• Causation: Their negligent actions directly caused the sideswipe collision.
• Damages: You incurred injuries, financial losses, and other harm from the accident.

However, in many cases, it’s not that clear. Drivers may disagree about what happened, and there may not be obvious proof of who made the mistake.

By documenting these four elements, you can strengthen your case and increase the likelihood of holding the at-fault driver accountable. This evidence can support your insurance claim or a potential civil lawsuit.

If you need help with your claim, contact the real tough lawyers at Osborne & Francis online or give us a call at (561) 293-2600 to set up a free initial consultation to discuss your situation.

How to Tell Who Sideswiped Who in a Car Accident

Figuring out fault often requires a closer look at the details. A car accident attorney may need to investigate the scene, examine the damage to both vehicles, and even talk to witnesses who can provide a clearer picture of what took place. 

Sometimes, details like where the cars ended up after the crash or the type of impact can help piece together the story.

Hiring a car accident lawyer to help with your claim may significantly impact your ability to receive compensation for your injuries, as they can help:

• Gather evidence such as medical records, police reports, and photographic evidence.
• Identify sideswipe car accident fault and build a case to support your claim.
• Handle negotiations with insurance adjusters.
• Maximize your settlement by estimating your comprehensive losses, current and future.
• File a lawsuit if necessary and zealously represent you in court.
• Hire experts such as accident reconstructionists or medical professionals to provide testimony to support your case.

Trust Osborne & Francis After Being Sideswiped

A sideswipe accident can happen quickly and unexpectedly, often leaving victims with significant injuries and property damage. At Osborne & Francis, we can help you calculate the damages you may receive in your car accident settlements and pursue the maximum amount possible. 

Don't let a sideswipe accident throw your life off course. Contact us online or give us a call at (561) 293-2600 for a risk-free, no-cost consultation. We will help you determine who is at fault in your sideswipe accident and hold them accountable for their negligence.