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Seeking Legal Help: The Importance of an Experienced Sideswipe Accident Lawyer

Learn about the causes and determining fault

Many types of car accidents happen on America’s roads, and sideswipe collisions are one of the more common types. Unlike collisions such as T-bones, where one vehicle's front rams into the side of another, sideswipes involve both vehicles traveling parallel to each other in the same direction. These accidents can happen at any time and place. Several factors may contribute to a sideswipe accident, but one thing is for sure: they can result in severe injuries.

Sideswipe car accidents often lead to loss of control and subsequent collisions, resulting in severe injuries and tragic consequences such as hospitalization or even loss of life. An experienced car accident attorney specializing in sideswipe cases can assess your claim and ensure you seek all available damages.

If you've been sideswiped, an experienced lawyer can be an invaluable asset. They possess a deep understanding of the legal rights of those affected by this type of accident. An experienced attorney can handle your sideswipe accident claim, deal with insurance companies, and serve as your guide through the legal system. With the expertise of a sideswipe accident lawyer, you can focus on your recovery while they work tirelessly to pursue the compensation that you may be entitled to. Whether it’s through a sideswipe accident settlement or lawsuit, your attorney will look out for your best interests.

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Sideswipe accidents happen when one vehicle's side makes contact with another vehicle's side. They can occur in various settings, including highways and parking lots. In some cases, a stationary car may be involved in a sideswipe accident. The severity of a sideswipe accident can vary, ranging from minor scratches and dents to more significant damage, depending on the speed and angle of the collision. Although many sideswipes are minor, they can pose a significant risk to drivers and passengers, potentially leading to physical injuries and sometimes death.

Understanding Sideswipe Car Accidents

Most sideswipe accidents occur when two vehicles traveling in the same direction alongside each other make contact, with one vehicle moving into the other's lane or path. The initial impact may be minor, just a slight brush between the vehicles, but it is often the subsequent events that pose greater risks.

After the sideswipe, the second driver may react by making a sudden turn of the wheel to avoid the first driver. This can result in collisions with other vehicles, objects, or pedestrians, veering into oncoming traffic, or even the vehicle rolling over. These actions can lead to serious or fatal injuries and extensive damage.

Legally, victims of sideswipe accidents have the same rights as other car accident victims. However, these cases present unique legal challenges that may complicate the approval process. An experienced attorney will approach a sideswipe car accident case considering these challenges.

Sideswipe accidents can happen unexpectedly due to factors such as weather conditions, but most are due to driver error. Some of the leading causes of side sweep collisions include:

  • Distracted driving: Engaging in distractive activities such as using a cell phone, eating, or drinking while driving can cause drivers to lose focus and collide with the side of another vehicle.
  • Speeding: Aggressive driving behaviors like speeding can increase the likelihood of a sideswipe collision by causing drivers to lose control of their vehicles.
  • Impaired driving: Driving under the influence of drugs or alcohol impairs a driver’s judgment, vision, and coordination, leading to an increased risk of sideswipe accidents.
  • Drowsy driving: Fatigue or a lack of sleep can cause drivers to drift between lanes and sideswipe other vehicles.
  • Road rage: Road rage and aggressive driving behaviors include changing lanes without warning, passing dangerously close to other vehicles, and cutting other drivers off, all of which can lead to sideswipe collisions.
  • Weather conditions: Poor weather conditions such as rain, snow, ice, or fog can decrease road visibility and traction, making it more challenging for drivers to avoid sideswipe collisions.

Sideswipe accidents can occur in various situations, but there are specific scenarios where they are more likely to happen. For instance, when a driver fails to check their blind spots and signal properly when merging onto highways or switching lanes, the result is often a sideswipe accident. In parking lots, sideswipe accidents frequently occur when a driver is trying to enter or leave a parking space and inadvertently hits a parked car next to them.

If you’ve been involved in a sideswipe accident, whether it was a lane change accident, parking lot accident, or highway accident, you may be unsure of what to do next.

In the event of a sideswipe accident, it’s important to check on the safety of all parties involved. Begin by checking yourself and any passengers for injuries. It's common for sideswipe accidents to result in injuries such as whiplash, contusions, broken bones, and concussions. Call emergency services and request an ambulance for those who need medical attention. Although sideswipe accidents can be minor, it's still important to call the local police and file a report.

To strengthen your future claim, there are steps you can take at the scene of the accident. These steps can assist you if you decide to pursue legal action and seek the compensation you are entitled to.

  • Get the other driver’s contact and insurance information. This includes their name, phone number, address, and license plate number.
  • Along with the police report, make sure to make a record of any witnesses. Obtain their names and phone numbers.
  • Take pictures of the accident, including damage to both vehicles, any skid marks, traffic signs, and signals, as well as any visible injuries you or your passengers sustained.

Determining fault in a sideswipe accident can be a complex process. Even if your vehicle was sideswiped by another driver, it's still possible that you could be found partially liable for the accident. For instance, if both drivers attempted to change lanes simultaneously and collided, both parties could be deemed at fault. Although determining fault can be challenging, with the help of an experienced attorney, you can establish who is responsible for the accident.

Each sideswipe case is unique, but our lawyers follow a standard set of steps when approaching such cases on behalf of our clients. Here is a basic outline of our approach:

  1. Establishing Negligence
    Establishing negligence is crucial for a successful claim. We begin by examining how the sideswipe accident occurred, as outlined in the Official Code of Georgia Annotated (OCGA) §51-1-6. Factors such as distracted driving play a significant role in sideswipe accidents. Distractions can include activities like texting or talking on a cellphone, using GPS for directions, adjusting radio stations, or engaging with social media. Other factors like fatigue, road rage, driving under the influence, failure to check blind spots, or use of turn signals can also contribute to negligence and support a claim against the responsible driver.
  2. Determining Fault
    Determining fault in sideswipe cases can be challenging. For instance, if the first driver drifts into the second driver's lane and sideswipes them, the first driver is at fault for leaving their lane. However, if the second driver swerves and causes damage to a third vehicle, establishing fault becomes more complex. Proving the initial cause of the accident may be difficult, especially if the responsible driver denies liability or flees the scene. For example, in Georgia, a victim can seek compensation only if they are less than 50% at fault (under OCGA §51-12-33). Working with an experienced car accident attorney is crucial in establishing fault and pursuing a fair settlement.
  3. Negotiating with Insurance Companies
    Insurance companies often dispute sideswipe accident claims, particularly if the damages or injuries seem less severe. Sideswipes can result in scrapes, broken side-view mirrors, dents, and injuries such as whiplash or neck and shoulder pain. Insurance companies may downplay the extent of these injuries. Our lawyers are skilled negotiators who will work tirelessly to ensure you receive a fair settlement, fighting against any attempts to diminish your rightful compensation.
  4. Most Cases Settle Out of Court
    While the majority of sideswipe cases are settled out of court, some situations may require going to trial to secure maximum compensation. Unlike other law firms that may withdraw their services when faced with a legal battle, our lawyers remain committed to pursuing your claim vigorously. We will explore all avenues to fight for your financial compensation.
  5. Filing Your Claim Promptly
    Sideswipe accident claims differ from state to state, but in many states they have a statute of limitations of a specific number of years. It is essential to take immediate action to file your claim within this timeframe to increase your chances of obtaining a reasonable settlement. Waiting until the last minute significantly diminishes the likelihood of a successful outcome. Acting promptly ensures that evidence remains fresh and increases your chances of recovering a full settlement. If you are unsure about the next steps or how to begin, we offer free consultations to provide guidance on the process and how to fight for the compensation you deserve.

How a sideswipe lawyer can help

If you were involved in a sideswipe accident, navigating the legal process and dealing with insurance companies can be overwhelming and stressful. Hiring an experienced sideswipe accident lawyer can help ease your stress and ensure that your legal rights are protected. They can assist you in handling your sideswipe accident claim, negotiating with insurance companies, and guiding you through the legal system.

Don't wait to seek legal help if you or a loved one has been affected by a sideswipe accident. Let a sideswipe accident lawyer help you focus on your recovery while they work to obtain the maximum compensation you deserve. Contact a verified attorney today for a free consultation.

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