Who is at Fault in a Sideswipe Accident?
Sideswipe accidents happen more often than most people think, but it’s controversial whose fault it is. It is important to know what causes these crashes and who is to blame to know who should compensate for them righteously.
What is a Sideswipe Accident?
A sideswipe accident occurs when two vehicles traveling in the same or opposite direction collide on their side. Unlike head-on or rear-end collisions, these accidents usually do not seriously damage the vehicles. They will usually have only scrapes, dents, or damage along the length of the vehicles. But the consequences can be much more than just property damage—if one or both of the drivers lose control, serious injuries or even fatalities can result.
These collisions often happen when drivers make lane changes, merge, or don’t follow proper lane discipline. A fault can be complicated, whether the accident occurs on a busy highway or a quiet street. If you’re looking for a car accident attorney near me, they can help you understand what facts and evidence mean for your case.
Causes of Sideswipe Accidents
The Negligence of Other Drivers
Most sideswipe accidents are a result of negligence. Many hazardous situations arise from drivers who fail to use their blind spots, under signal lane changes, and under yield the right of way. Picking up the phone and texting, talking on the phone, or changing the radio, further increases that risk. Additionally, when an aggressive maneuver such as weaving between lanes or going too fast is attempted, collision is unavoidable.
If a driver is unreasonable, they ought not be on the road at all. Dashcam footage, eyewitness accounts or even police reports can all be evidence of negligence. This is important evidence when proving who was at fault, as the other driver may say you weren’t.
Poor Weather Conditions
Also, sideswipe accidents can take place due to adverse weather conditions, including heavy rain, snow or fog. In reduced visibility or slippery roads, drivers have a harder time keeping their lane or gauging how far the other vehicles are.
However, in some cases, it could be held that several have been answerable. Such as, if it could be shown that a municipal agency is to blame for bad road design, or sloppy lane marking, then the municipality might be liable but if a car manufacturer is shown to have produced a defective vehicle system, like a faulty lane assist technology, then the car manufacturer may be liable.
Who Could Be Held Accountable?
An accident in the side swipe depends on the facts of the case. Most of the time, drivers who break traffic laws and do not guarantee safe driving will be to blame. Suppose a driver drifts into another lane without signaling; they can be held responsible for contributing to the accident.
But there are times when several parties might be answerable. For instance, if a municipal agency is shown to be responsible for poor road design or faulty lane markings, the municipality could be liable; however, if a car manufacturer is found to have produced a defective vehicle system, such as malfunctioning lane assist technology, the car manufacturer could be found liable. If you have a seasoned car accident lawyer with you, then he will help you determine who is liable and who will help you get fair compensation.
Fault, for example, is not an open and shut case. For the most part, laws in most states adhere to comparative negligence, which lets a fact that both drivers could be at fault in part. A lawyer can guide you through these complexities if the other party begins shifting blame.
Sideswipe accidents are complex in their legal and financial issues. To establish fault, the case needs to be thoroughly investigated, strong evidence needs to be presented, and a lawyer needs to be present. A good attorney will know how to navigate all of this.
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