Your Sideswipe Accident Guide

A sideswipe accident can lead to significant vehicle damage and severe injuries, raising intricate legal and insurance issues. Unfortunately, they are not uncommon — according to the Insurance Institute of Highway Safety, over 241,500 sideswipe accidents happen per year, causing over 25,000 injuries and more than 2,000 deaths.

In this post, we will explore the causes of sideswipe accidents, the challenges victims may face in proving liability, and the types of compensation that may be available. We’ll also provide essential tips on how to protect your rights if you find yourself the victim of a sideswipe accident. Whether you’re a daily commuter, a frequent highway traveler, or occasionally behind the wheel, understanding these dynamics is crucial. Join us as we guide you through the legal landscape of sideswipe accidents in Florida, empowering you with the knowledge needed to navigate these troubling situations.

What is a Sideswipe Accident?

A sideswipe accident is defined as a collision where the sides of two vehicles impact. These accidents generally happen when both vehicles are moving in the same direction, but they can also occur when vehicles are traveling in opposite directions. Unlike head-on or rear-end collisions, sideswipe accidents often involve a glancing blow rather than a direct hit, which can cause drivers to lose control.

Common Causes of Sideswipe Accidents

Sideswipe accidents typically stem from a variety of driving errors or adverse conditions. One frequent cause is incorrect or unsafe lane changes during lane merging and changing. Drivers often neglect to check their blind spots or fail to signal, resulting in collisions with vehicles in adjacent lanes. Distractions such as texting, using GPS, or adjusting the radio can lead a driver to unintentionally veer out of their lane. Similarly, driving under the influence of alcohol or drugs severely diminishes a driver’s judgment, reaction times, and motor skills, heightening the risk of sideswipe accidents.

Adverse road conditions also play a significant role. Slippery roads from rain, snow, or ice can cause vehicles to skid and drift into nearby lanes, while poorly marked lanes or unclear road signs can confuse drivers, leading to sideswipes. Additionally, aggressive driving behaviors like speeding or erratic lane weaving complicate the ability of other drivers to predict and react to a vehicle’s movements, increasing the likelihood of such incidents. Lastly, driver fatigue contributes to reduced concentration and slower reaction times, making it challenging for tired drivers to maintain their lane integrity.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Preventing a Sideswipe Accident

Preventing a sideswipe accident requires both awareness and strict adherence to safe driving practices. To navigate roads safely and avoid these perilous situations, it is crucial to remain vigilant and minimize distractions. This means maintaining focus solely on the road and refraining from any activities that could shift your attention elsewhere.

Proper signaling is another essential preventive measure. Signaling well in advance before changing lanes or merging allows other drivers ample time to adjust their driving accordingly. Along with signaling, it’s critical to routinely check your blind spots prior to making any lane changes, even if you have already checked your mirrors. Adjusting your mirrors to reduce blind spots can further enhance safety.

Maintaining a safe distance from other vehicles is equally important, as it provides you with more time to react to unexpected lane changes from others. It’s also vital to drive sober and ensure you are well-rested before getting behind the wheel to avoid impaired driving.

Adapting your driving to the current road conditions is another key strategy. This includes adjusting your speed and driving techniques to suit the prevailing conditions, particularly in situations where roads are slick or visibility is compromised.

By understanding both the causes of sideswipe accidents and the preventive measures you can take, you can actively reduce the likelihood of such incidents. Remember, conscientious and careful driving are your strongest safeguards while on the road.

Common Injuries in Sideswipe Accidents

Sideswipe accidents can lead to a variety of injuries, ranging from minor to severe. Understanding these injuries can help in recognizing the immediate needs of victims and the importance of preventive measures.

Soft Tissue Injuries

Soft tissue injuries are common in vehicle accidents, particularly during sideswipe collisions. Whiplash, for instance, occurs when the neck is forcefully snapped back and forth due to the abrupt, jerky movement as one vehicle collides sideways into another. Similarly, occupants may suffer sprains and strains in their wrists, ankles, and knees as they instinctively brace themselves against the impact. These injuries are typically a result of the body’s sudden and intense response to the unexpected forces exerted during the crash.

Lacerations and Contusions

Lacerations and contusions are common injuries in accidents involving glass and metal. Broken windows and jagged metal edges can quickly lead to cuts, which may range from shallow scratches to deep lacerations. Additionally, bruises frequently occur from direct impacts with objects inside or part of the car itself, such as doors or windows, leading to contusions.

Fractures

Rib and arm fractures commonly result from side impact collisions, where the force of the impact drives the body against the door or window. Pelvic fractures may arise in more severe sideswipe accidents, particularly if the vehicle sustains a significant hit or rolls over.

Head Injuries

Head injuries can occur even without direct impact to the skull. For instance, concussions may result from the violent shaking of the head, which causes the brain to shift within the skull. On the other hand, more severe head impacts can result in a range of traumatic brain injuries (TBIs). These injuries vary in severity from mild concussions to profound brain damage.

Spinal Cord Injuries

Spinal cord injuries often occur because of high-impact collisions, leaving the spine particularly vulnerable. Fractures can happen at any point along the spinal column. Damage to the spinal cord itself can result in either temporary or permanent paralysis, the extent of which typically depends on both the location and the severity of the injury.

Internal Injuries

Internal injuries can be particularly severe following an impact due to the compression and force exerted on the body. Vital organs such as the kidneys, liver, spleen, and bowels may suffer significant damage. Additionally, internal bleeding presents a critical risk; if not addressed promptly, it can be life-threatening and necessitates immediate medical intervention.

Prevention and Immediate Actions

When dealing with injuries from sideswipe accidents, immediate treatment often requires emergency medical care, including surgery, pain management, and long-term rehabilitation. However, prevention is key to avoiding such incidents. Always wearing seat belts and ensuring airbags are functional can greatly reduce injury risks during an accident. Additionally, practicing defensive driving by staying alert, maintaining safe distances, and avoiding distractions is crucial. Regular vehicle maintenance, such as checking tires, brakes, and steering components, is also essential to prevent loss of control.

If a sideswipe accident occurs, it’s crucial to seek medical attention immediately, even if the injuries appear minor. Some injuries, particularly internal ones, may not show symptoms immediately but can be life-threatening if not treated promptly. Ensuring proper and prompt medical documentation is also vital for filing any personal injury lawsuits related to the crash.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Determining Liability in a Sideswipe Accident

Liability, in legal terms, refers to the responsibility one party holds for causing harm or damage to another. In the context of a traffic accident, determining who is at fault — or liable — means establishing which driver’s actions led to the accident.

What is Liability?

Liability in traffic accidents is primarily about negligence. To establish that a driver is liable for a sideswipe accident, it must be proven that they acted negligently or failed to adhere to the rules of the road, directly causing the accident. Negligence might include unsafe lane changes, distracted driving, or failing to yield the right of way.

Challenges in Determining Liability in Sideswipe Accidents

Determining liability in sideswipe accidents is notoriously challenging due to several factors:

The complexity of the events themselves often complicates matters. Such accidents typically occur while both vehicles are in motion, which obscures the exact dynamics of how and why they collided. Questions arise such as whether one vehicle was drifting out of its lane or if there was an aggressive lane change by a driver.

Furthermore, these incidents often lack witnesses. Sideswipe accidents are common on busy roads or highways where other drivers may not notice the specific maneuvers that led to the collision. This absence of witnesses makes it difficult to corroborate one driver’s version of events over another’s.

Additionally, the drivers involved in sideswipe accidents frequently provide conflicting stories. Each driver may insist that they were properly maintaining their lane and adhering to traffic laws at the time of the accident, complicating the establishment of a clear narrative.

Evidence like dashcam footage or surveillance videos can sometimes offer definitive proof of which vehicle was at fault. However, such evidence isn’t always available. When it is, physical evidence, including the position and extent of damage on the vehicles, can still be interpreted in various ways, which sometimes adds confusion rather than clarity.

The situation is further complicated when multiple vehicles are involved in the accident. Determining how each driver contributed to the incident and the resulting damage requires a thorough and meticulous investigation.

Steps to Determine Liability

When building a case involving an accident, certain steps are crucial. First, gather as much evidence as possible from the scene of the accident. This should include photographs of where the vehicles ended up after the crash, any damages they sustained, skid marks, the conditions of the road, and any available surveillance or dashcam footage. Next, collect eyewitness accounts. Statements from witnesses who saw the accident happen can offer unbiased details that might resolve inconsistencies in the accounts given by the drivers.

Securing a copy of the police report is important. Police officers usually make detailed observations at the scene and often provide an initial determination of fault, which can be critical in a legal claim. In some situations, it’s essential to hire an accident reconstruction expert. These experts can meticulously analyze the collected evidence and recreate the accident scenario to figure out what likely happened.

Enlisting the help of an experienced personal injury attorney can be vital. An attorney will adeptly handle the collection of evidence, negotiate with insurance companies, and, if necessary, pursue litigation.

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Filing a Sideswipe Accident Lawsuit in Florida

If you’ve been involved in a sideswipe accident in Florida, understanding how to pursue legal action is crucial to securing the compensation you deserve. 

Essential Elements of a Personal Injury Case

To succeed in a personal injury lawsuit stemming from a sideswipe accident, the following elements must be established:

Duty of Care

It must be demonstrated that the defendant owed a duty of care to the plaintiff. In the context of driving, this is generally an established fact, as all drivers have a legal obligation to operate their vehicles safely and obey traffic laws to avoid harming others on the road.

Breach of Duty 

The plaintiff must prove that the defendant breached this duty. In sideswipe accidents, this could be failing to signal when changing lanes, drifting between lanes due to distraction or impairment, or aggressive driving behaviors that led to the accident.

Causation 

There must be a direct link between the defendant’s breach of duty and the accident. The plaintiff needs to show that the accident occurred as a direct result of the defendant’s actions.

Damages

Finally, the plaintiff must have suffered actual damages due to the accident, such as bodily injury, property damage, or other financial losses, which can be compensated legally.

Damages in a Sideswipe Accident Case

In a sideswipe accident lawsuit, various types of damages may be awarded, depending on the specifics of the case:

Economic Damages

Economic damages encompass a range of financial losses resulting from an accident. These include medical expenses, which cover everything from emergency treatment and hospital stays to surgery, medication, and ongoing rehabilitation necessitated by the injuries. Additionally, there is compensation for lost wages, which accounts for the income missed during the recovery period. If the injuries have a long-term impact on the ability to work, claims can also be made for lost earning capacity. Furthermore, property damage is considered, typically involving costs for the repair or replacement of vehicles and any other personal belongings damaged in the incident.

Non-Economic Damages

Non-economic damages encompass several types of compensation for the intangible losses suffered due to an accident. These include pain and suffering, which refers to the physical pain and emotional distress a victim endures. The amount compensated often reflects the severity of the injuries and their effect on the victim’s everyday activities. Additionally, if injuries hinder the victim from engaging in personal activities they previously enjoyed, they may receive compensation for loss of enjoyment of life. Furthermore, mental anguish covers the psychological impacts experienced by the victim, such as anxiety, depression, and trauma, with appropriate compensation provided to address these serious effects.

In rare cases where the defendant’s actions are found to be particularly reckless or egregious, punitive damages may be awarded. These are not meant to compensate the plaintiff but rather to punish the defendant and deter similar behavior in the future.

If you or someone you know has been involved in a sideswipe accident, understanding your legal rights and options is crucial. These accidents can result in significant injuries and losses, and navigating the complexities of legal claims can be overwhelming without professional guidance. At Serrano Law, we are committed to providing comprehensive legal support to ensure that victims of sideswipe and other auto accidents receive the justice and compensation they deserve.

Our experienced team is well-versed in the nuances of Florida traffic law and personal injury claims. We are dedicated to advocating for your rights and will work tirelessly to secure the best possible outcome for your case. If you’ve been involved in an auto accident, don’t wait to seek legal counsel. Contact Serrano Law today to schedule your consultation and let us help you take the first step towards recovery and resolution.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney