Sideswipe collisions, which occur when the sides of two vehicles make contact, can result in loss of vehicle control, leading to a chain reaction of secondary accidents.
While sideswipe collisions might not always grab headlines like head-on or rear-end crashes, they are deceptively dangerous. Drivers and passengers can suffer severe injuries, ranging from broken bones and traumatic brain injuries to long-term psychological trauma.
After a sideswipe collision, you need to seek professional legal assistance. Contact a New York car accident lawyer at The Rothenberg Law Firm today at (800) 624-8888 for a free consultation. We’re here to help inform you of your legal options and secure the compensation you deserve.
What Are Sideswipe Collisions?
According to the National Highway Traffic Safety Administration (NHTSA), sideswipe accidents contribute to a significant number of injuries and fatalities each year. Sideswipe collisions occur when the sides of two vehicles traveling in the same or opposite directions come into contact.
Depending on the speed and force of impact, these accidents can range from minor scrapes to severe crashes. While they might appear less dramatic than head-on or rear-end collisions, sideswipe accidents can still cause significant damage and injuries.
Common Scenarios for Sideswipe Collisions
- Highway Incidents: On highways, sideswipe collisions often happen during lane changes, merging, or when one driver fails to check their blind spot. The high speeds can amplify the impact, leading to more severe outcomes.
- Urban Roads: In city traffic, sideswipe accidents can occur due to narrow lanes, frequent stops and starts, or drivers trying to overtake without adequate space.
Statistics and Severity
According to the Insurance Institute of Highway Safety (IIHS), there are approximately 242,000 sideswipe crashes annually, resulting in over 2,500 deaths and about 27,000 injuries each year. These collisions account for 2.7% of all deadly crashes.
Comparison with Other Types of Collisions
Sideswipe collisions, while significant, are generally less frequent and severe compared to other types of collisions like head-on or rear-end crashes.
Here’s how they compare in terms of frequency, severity, and damages:
- Frequency:
- Sideswipe Collisions: These account for a smaller percentage of total crashes. As noted above, they represent about 2.7% of deadly crashes in the U.S.
- Other Types of Collisions: Rear-end collisions are the most common crashes, accounting for 29% of all automobile accidents.
- Severity:
- Sideswipe Collisions: Although they can result in severe injuries, sideswipes are typically less severe than head-on collisions. However, they can still be quite dangerous, especially when involving larger vehicles or occurring at high speeds. The severity can increase if the sideswipe leads to a vehicle losing control and colliding with other objects or vehicles.
- Other Types of Collisions: Head-on collisions are among the most severe due to the direct impact, often resulting in higher fatality rates. Rear-end collisions can also be severe, especially at high speeds, but they generally have lower fatality rates compared to head-on crashes.
- Damages:
- Sideswipe Collisions: These can cause significant vehicle damage, particularly to the sides of the vehicles involved. Depending on the speed and angle of impact, the damage can range from minor scrapes to severe structural damage.
- Other Types of Collisions: Head-on and rear-end collisions usually result in more extensive damage to the front and rear of vehicles, respectively. The repair costs can be higher due to the involvement of components like the engine or trunk.
Causes of Sideswipe Collisions
Some of the most common causes include:
- Distracted Driving: Activities like texting, eating, or adjusting the radio can divert a driver’s attention, leading to unintended lane changes.
- Failure to Check Blind Spots: Drivers who neglect to check their blind spots before changing lanes or merging are at high risk of causing a sideswipe collision.
- Improper Lane Changes: Making sudden lane changes without signaling or misjudging the distance to another vehicle can result in a sideswipe.
- Speeding and Aggressive Driving: High speeds and aggressive maneuvers increase the likelihood of losing control and sideswiping another vehicle.
- Adverse Weather Conditions: Rain, snow, or fog can reduce visibility and road traction, making it harder to maintain lane discipline.
Injuries Resulting from Sideswipe Collisions
Common Injuries in Sideswipe Collisions
- Soft Tissue Injuries: These include strains, sprains, and tears in muscles, ligaments, and tendons. Whiplash is a common soft tissue injury resulting from the sudden jolt of a sideswipe collision, and is the most common injury from these collisions according to research gathered from data from NHTSA.
- Broken Bones and Fractures: The impact of a sideswipe collision can lead to broken bones, particularly in the arms, legs, and ribs. These injuries can be severe and require extensive medical treatment and rehabilitation.
- Traumatic Brain Injuries (TBIs): A blow to the head during a collision can result in a traumatic brain injury, which can have serious and long-term effects on cognitive function, memory, and overall brain health.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring lifelong medical care and drastically altering the victim’s quality of life.
- Psychological Impacts: The trauma of a sideswipe collision can lead to psychological issues such as anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions can significantly impact a victim’s daily life and mental health.
The Severity of Injuries
Factors that contribute to the severity include:
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- Speed: High-speed sideswipe collisions are more likely to result in severe injuries and fatalities than those at lower speeds. The force of impact at high speeds can cause significant bodily harm and lead to secondary crashes.
- Vehicle Size and Weight: Collisions involving larger vehicles, such as trucks or SUVs, can be particularly devastating. Their sheer size and weight can cause extensive damage to smaller cars and result in more severe injuries to their occupants.
- Loss of Control: Sideswipe collisions often lead to a loss of vehicle control, increasing the likelihood of secondary impacts with other vehicles, guardrails, or roadside obstacles. These secondary crashes can compound the injuries sustained in the initial sideswipe.
- Seating Location: According to research, occupants seated in the rear on the same side as the crash impact face a higher risk of severe or fatal injuries compared to those on the opposite side.
- Seatbelts: Unrestrained occupants are 5.96 times more likely to suffer severe or fatal injuries compared to those who are restrained.
Long-Term Effects
The injuries sustained in sideswipe collisions can have long-term effects on victims’ lives:
- Chronic Pain: Injuries such as whiplash, spinal cord damage, and fractures can result in chronic pain, requiring ongoing medical treatment and pain management.
- Permanent Disabilities: Severe injuries like TBIs and spinal cord injuries can lead to permanent disabilities, affecting victims’ mobility, cognitive function, and overall independence.
- Emotional and Psychological Impact: The psychological effects of a traumatic accident can persist long after physical injuries have healed. Conditions such as PTSD can affect victims’ ability to return to normal life and work.
Legal Implications and Determining Fault
Sideswipe collisions often present complex legal challenges, particularly when it comes to determining fault.
How to Assess Fault in Sideswipe Collisions
Determining fault in a sideswipe collision requires a thorough investigation of the incident. Key factors include:
- Driver Behavior: Investigators examine whether any drivers were distracted, speeding, or driving aggressively. Distracted driving, such as texting or not checking blind spots, is a common cause of sideswipe collisions.
- Lane Discipline: Fault is often attributed to the driver who failed to maintain their lane or made an unsafe lane change. This includes failing to signal, improper merging, or drifting into another lane.
- Witness Statements: Eyewitness accounts can provide insights into the events leading up to the collision. Statements from other drivers, passengers, or bystanders can help corroborate or refute claims made by the involved parties.
- Traffic Laws: Violations of traffic laws, such as speed limits and lane usage regulations, can indicate negligence or recklessness on the part of the driver at fault.
Importance of Police Reports and Evidence
A police report provides an official account of the incident, including:
- Details of the Accident: The report includes information on the location, time, and conditions of the accident, as well as a diagram of how it occurred.
- Statements from Drivers and Witnesses: The police gather initial statements from those involved and any witnesses, which can be crucial for later investigations.
- Citations Issued: If any driver receives a citation for a traffic violation related to the collision, this can serve as strong evidence of fault.
No-Fault vs. At-Fault States
The legal framework for handling sideswipe collisions varies depending on whether the state operates under a no-fault or at-fault system:
- No-Fault States: In these states, each driver’s insurance company initially covers their own damages and injuries, regardless of who caused the accident. This can simplify the process but will still allow the victim to sue for additional compensation if serious injuries are involved.
- At-Fault States: In at-fault states, the insurance of the driver found to be responsible for the collision covers the damages and injuries. Determining fault in these cases is more important for your compensation, and the process may involve more extensive legal proceedings to establish liability.
Comparative and Contributory Negligence
In some cases, both drivers may share responsibility for the collision. The impact of shared fault varies based on state laws:
- Comparative Negligence: Many states follow a comparative negligence model, where fault is divided between the parties involved. Compensation is then adjusted based on the degree of each party’s fault. For example, if one driver is 70% at fault and the other is 30% at fault, the latter can still recover 70% of their damages.
- Contributory Negligence: A few states adhere to a contributory negligence rule, wherein a claimant may be barred from recovering compensation if they were more than 50 percent at fault. In some states there is an even harsher rule that even if a driver is only slightly at fault, they may be ineligible for damages.
Steps to Take After a Sideswipe Collision
Being involved in a sideswipe collision can be a disorienting and stressful experience. However, taking the right steps immediately after the accident can help ensure your safety and protect your legal rights.
Here’s what you should do:
- Seek Medical Attention: Even if you feel fine, you should see a doctor immediately. Some injuries, like whiplash or internal bleeding, may not show symptoms immediately. Documenting your medical condition right after the accident is also important for any future claims.
- Notify Your Insurance Company: Report the accident to your insurance company after consulting with an attorney.
- Be Careful Making Statements: While you do want to give the insurance company the information they need, do not make any statements to them regarding who you believe was at fault or how severe your injuries are. Remember, the insurance company is there to protect its bottom line and will use anything you say as a reason to give you less compensation.
- Keep Detailed Records: Maintain a file with all documents related to the accident. This should include the police report, medical records, repair estimates, correspondence with insurance companies, and any other relevant paperwork.
- Consult with a Personal Injury Lawyer: If you sustained injuries or significant property damage, consult a personal injury attorney. They can help guide you through the legal process, negotiate with insurance companies, and ensure you receive fair compensation for your losses.
Get the Compensation You Deserve With The Rothenberg Law Firm
The types of crashes can drastically alter the lives of those involved. You don’t have to face the aftermath alone.
Contact The Rothenberg Law Firm today at (800) 624-8888 for a free consultation. Time is of the essence, and we are committed to standing by your side every step of the way.
