Although sideswipe accidents may cause minor damage to a car, they can cause serious injuries that a victim may not realize until much later. Determining who is at fault in a sideswipe accident can be challenging, making it more difficult to pursue compensation for your injuries.
Learn more about liability and fault in a sideswipe accident in the article below. However, if you want to know more about your legal options and for legal assistance in submitting a sideswipe accident claim, call the NJ car accident attorneys at Brandon J. Broderick, Attorney at Law.
Free consultations are available. Call us today to schedule an appointment.
What is a Sideswipe Accident?
When two cars going in the same direction collide into each other, this is known as a sideswipe collision. Either the car on the left collides with a parallel car's right side, or the other way around. Many sideswipe collisions occur when vehicles are moving in the opposite direction as well.
The area of the car that is hit by the impact generally determines how serious the crash is in most cases. The likelihood of the victim suffering severe injuries increases with the severity of the accident. But even if the vehicles involved only had minimal damage, serious injuries can occur.
When a car sideswipes and hits the left rear end of another car, for instance, the driver of the impacted vehicle may lose control and spin out, perhaps resulting in a major collision involving other vehicles. On highways with several lanes of traffic and fast-moving vehicles, sideswipe accidents can be even more serious, resulting in fatalities.
Proving Liability in a Sideswipe Accident
You must prove that the other party's negligence was the cause of the accident that led to your injuries to prove liability and receive compensation. Gathering evidence is how you can accomplish this through the following:
- Police report
- Photos of the scene
- Video footage
- Witness statements
To ensure you will recover from your injuries fully, it is important to seek immediate medical care. Your medical records will also serve as important evidence to support your claim for damages. This is true, even if you believe your accident is minor.
You should also always report it to the police. An official record of the accident from the police is important evidence. It could be more difficult for you to prove you were in a crash if there isn't a police report.
Can Multiple Parties Share Liability In A Sideswipe Accident
Yes, multiple parties can be liable in a sideswipe collision. If two cars simultaneously enter the same lane, both parties may share liability. Both drivers may be held liable for the accident if they neglected to ensure that the lane was clear before merging into it.
You might still be eligible for compensation even if you bear some of the fault for a sideswipe accident for the following two reasons:
- New Jersey follows a no-fault policy. You can still submit a first-party claim under your own Personal Injury Protection (PIP) insurance policy to have your medical expenses and certain other economic damages paid for, even if you share some fault for the collision.
- As long as the injured party bears no more than 50% of the fault for the collision, New Jersey's comparative negligence statute permits the victim to collect partial compensation, determined by your share of fault.
Liability in multi-vehicle accidents is still likely to rest with the diver whose negligence led to the sequence of events that resulted in your injuries.
A driver who sideswipes another car and causes it to collide with you, for instance, is going to be held legally responsible.
Get a Free Consultation With a NJ Car Accident Attorney Right Now
Even in a minor collision, such as a sideswipe accident, you can obtain compensation if someone else's negligence resulted in your injuries, just like in any other kind of accident.
Prior to filing a claim to collect from your insurance company, speak with a car accident attorney at Brandon J. Broderick, Attorney at Law to determine what your legal options are and that you are offered a fair settlement.
For assistance, contact our office today.