Blog > What Happens If You Get Sideswiped?

Unfortunately, car accidents are common, often leading to personal injuries. Even minor collisions can have devastating impacts.

Sideswipe accidents, for instance, can cause significant damage. If a sideswipe crash injured you or someone you love due to another driver’s negligence, you may recover compensation.

A skilled car accident attorney can help you with the legal process and recover the damages you deserve.

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Defining Sideswipe Accidents

The National Highway Traffic Safety Administration (NHTSA) reported over 900 fatal sideswipe accidents during a recent year. That same year, this type of collision accounted for nearly 3 percent of all reported accidents.

Sideswipe car crashes happen when one vehicle’s side comes into contact with the side of another car. In most cases, the cars drive alongside one another or travel in opposing directions.

For instance, a sideswipe crash may happen because of an unsafe lane change. This type of accident often occurs when a motorist fails to check their surroundings or blind spot.

Steps to Take After a Sideswipe Accident

To protect your rights and strengthen your potential claim after a sideswipe accident:

Seek Medical Attention: If you haven’t already, get a medical evaluation immediately. Prompt medical care creates a record linking your injuries to the accident.
Document Your Injuries: Take photos of any visible injuries and keep a journal detailing your pain levels and how the injuries affect your daily life.
Gather Information: If you didn’t exchange information at the scene, try to recall details about the other vehicle and driver. Write down everything you remember about the accident.
Contact Your Insurance Company: After speaking with an attorney, report the accident to your insurer. Stick to the facts and avoid admitting fault.
Obtain the Police Report: If law enforcement was involved, get a copy of the accident report. This official document can be crucial for your claim.
Preserve Evidence: Don’t repair your vehicle yet. The damage can serve as important evidence. Take multiple photos of your vehicle from various angles.
Collect Witness Statements: If there were witnesses, try to contact them for statements about what they saw.
Start a File: Organize all accident-related documents, including medical bills, repair estimates, and correspondence with insurance companies.
Be Cautious with Social Media: Avoid posting about the accident online, as insurance companies may use your posts against you.
Consult a Car Accident Attorney: Even if you initially thought the accident was minor, speak with a lawyer who can advise you on your rights and potential compensation.

Common Causes of Sideswipe Accidents

Many different circumstances can contribute to the likelihood of an automobile collision. Some of the most common causes of sideswipe crashes are as follows:

Driving While Distracted

When someone is distracted while driving, their reaction time drastically decreases. According to research from the NHTSA, distracted driving resulted in more than 3,100 fatal collisions in a single year. Being less aware of their surroundings, drivers face a higher probability of causing a sideswipe accident.

The most typical distractions that motorists face include:

Texting and talking on the phone
Using a digital tablet or other device
Engaging with a GPS
Listening to loud music
Distractions from passengers
Personal grooming
Eating or drinking

Driving Under the Influence of Drugs or Alcohol

When a driver ingests drugs or alcohol, they lose the ability to drive responsibly and safely and, in turn, operate with impaired judgment.

Motorists under the influence of alcohol or a controlled substance may unintentionally swerve between lanes. This dangerous maneuver can result in sideswipe crashes.

Fatigue

When people are overly tired, they experience significant changes in their perception. For instance, fatigued drivers may have decreased attention spans or blurry vision.

These perceptual limitations make the likelihood of an auto accident much higher. If a drowsy motorist begins to fall asleep, they may drift between lanes. This scenario makes sideswipe accidents probable.

Aggressive Driving and Road Rage

People who engage in aggressive maneuvers while driving put those around them at an increased risk. When motorists swerve aggressively between lanes at high speeds, they may fail to see other vehicles around them.

Faulty or Defective Vehicle Components

In some cases, sideswipes are the result of defective car parts. Faulty vehicular equipment can result from a lack of maintenance on the part of drivers.

However, some other collisions are not the result of motorists’ negligence. If companies sell parts with design or manufacturing defects, they may be responsible for the damages that result from their faulty products.

Common Injuries Resulting from Sideswipe Accidents

While sideswipe accidents may seem less severe than head-on or rear-end collisions, they can still cause significant injuries.

The following are some of the most common injuries that victims of sideswipe accidents may experience:

Whiplash: The sudden, jarring motion of a sideswipe can cause the head and neck to jerk violently, resulting in whiplash. Symptoms may include neck pain, stiffness, and headaches.
Soft Tissue Injuries: Sprains, strains, and contusions to muscles, ligaments, and tendons are common, particularly in the neck, back, and shoulders.
Head Injuries: If the impact causes a passenger’s head to strike a window or other part of the vehicle, it can lead to concussions or more severe traumatic brain injuries.
Cuts and Lacerations: Broken glass or twisted metal can cause cuts.
Broken Bones: The force of impact can cause fractures, particularly in arms, wrists, or ribs if the body is thrown against the door or center console.
Shoulder and Hip Injuries: The side-impact nature of these accidents often affects these areas directly.
Spinal Cord Injuries: In severe cases, the impact can cause damage to the spine, potentially resulting in partial or complete paralysis.
Psychological Trauma: Beyond physical injuries, victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD), especially when driving.
Internal Injuries: The blunt force of the impact can cause internal bleeding or damage to organs, which may not be immediately apparent.
Airbag Injuries: While airbags save lives, their deployment can cause burns, abrasions, or chest injuries.

Seek medical attention promptly after a sideswipe accident, even if you feel fine initially. Some injuries, particularly internal ones, may not show symptoms immediately but can be serious if left untreated.

Damages a Car Accident Attorney Can Help You Recover

Following a motor vehicle collision, victims may have questions for their car accident lawyer. Most clients wonder what types of financial compensation they can recover.

In most sideswipe claims, victims can seek both economic and non-economic damages.

Economic Damages

This compensation returns the sideswipe crash victim to their previous financial state. In other words, economic damages make up for direct monetary losses resulting from the crash.

Common examples include payment to cover:

Medical bills and expenses: This covers all immediate and ongoing medical costs directly related to injuries sustained in the crash. It includes emergency room visits, hospital stays, surgeries, medications, physical therapy, chiropractic care, and any other necessary medical treatments. It’s important to keep all receipts and documentation of these expenses.
Anticipated future medical care: If the injuries require ongoing treatment or are expected to cause long-term health issues, this category accounts for the estimated costs of future medical care. This might include follow-up surgeries, continued physical therapy, or long-term pain management.
Lost wages and income from missing work: This compensates for any income lost due to time away from work because of injuries or medical appointments. It includes both full and partial days missed, and can be calculated using pay stubs or tax returns as evidence of typical earnings.
Long-term or permanent loss of earning ability: If the injuries result in a reduced capacity to work or render the victim unable to return to their previous occupation, this category covers the difference between what they could have earned without the injury and what they can earn now. This may require input from economic experts to calculate accurately.
Property and vehicular damage: This covers repairs or replacement of the victim’s vehicle, as well as any personal property damaged in the crash (e.g., electronics, clothing, or other items in the car at the time of the accident). It’s based on repair estimates or the fair market value of destroyed items.

These economic damages are typically easier to quantify than non-economic damages (like pain and suffering) because they’re based on concrete financial losses. However, calculating future costs and lost earning potential can be complex and may require expert testimony.

An experienced car accident attorney will gather all relevant documentation and use this information to build a claim for economic damages. This ensures that the compensation sought accounts for all current and future financial impacts of the crash.

Non-Economic Damages

Some of the most life-changing consequences of a sideswipe accident do not involve losing money. For example, victims may suffer long-term quality of life issues from their car crash injuries.

Compensation for the personal, intangible, and psychological harm resulting from accidents is known as non-economic damages. Typical non-economic damages include compensation for:

Pain and suffering: This covers the physical discomfort and emotional distress experienced due to the injuries. It includes both immediate pain from the accident and ongoing chronic pain. The severity and duration of pain are key factors in determining compensation.
Mental anguish and distress: This encompasses the psychological impact of the accident, including anxiety, depression, fear, and other emotional trauma. It can include sleeplessness, mood swings, and loss of enjoyment in activities the victim previously enjoyed.
Disfigurement and disability: This covers permanent changes to the victim’s body or abilities. Disfigurement might include visible scars or alterations to physical appearance. Disability refers to any loss of function or mobility resulting from the accident.
Decreased quality of life: This broad category covers how the accident has negatively impacted the victim’s day-to-day life. It might include inability to participate in hobbies, difficulty in maintaining relationships, or loss of independence in daily activities.
Post-traumatic stress disorder (PTSD): PTSD is a serious psychological condition that can result from the trauma of a car accident. Symptoms may include flashbacks, severe anxiety, and avoidance of driving or riding in vehicles. Compensation may cover therapy and other treatments for PTSD.

Calculating non-economic damages is indeed more challenging than economic damages because there’s no clear monetary value attached to these experiences. Various methods might be used to quantify these damages:

Multiplier method: Economic damages are multiplied by a factor (typically between 1.5 and 5) based on the severity of non-economic impacts.
Per diem method: A daily rate is assigned to the non-economic suffering and multiplied by the number of days the victim is expected to experience these effects.
Precedent-based calculation: Lawyers may look at similar cases and their outcomes to estimate a fair amount.

Insurance companies often undervalue these damages, which is why victims are advised to consult with a personal injury attorney. An experienced car accident lawyer can:

Help document the full extent of non-economic damages through medical records, expert testimony, and personal accounts.
Negotiate with insurance companies to ensure fair compensation.
If necessary, present a compelling case in court to justify the non-economic damages claim.

Consult a Car Accident Lawyer Today

Sideswipe accidents are dangerous. They often result in significant financial and personal losses for the victims.

When another party’s negligent driving has caused you harm, you have the legal right to pursue compensation. Do not allow irresponsible motorists to go unaccountable. Seek the damages you deserve.

Contact us at the Rothenberg Law Firm LLP to pursue your rightful financial damages. A seasoned personal injury lawyer will fight diligently to ensure justice in your case.