A sideswipe collision occurs when two vehicles travelling in the same direction collide – usually when one vehicle drifts into the other’s lane. While sideswipe accidents are not always as severe as head-on or rear-end collisions, they can still cause significant damage and injuries. These accidents are often damaging because they can force one vehicle into other lanes, guardrails, or even off the road, leading to more dangerous impacts and injuries.
Victims of sideswipe accidents may suffer injuries such as whiplash, broken bones, concussions, soft tissue injuries, and even spinal damage. The severity of the injuries depends on factors like speed and the nature of the collision. If the accident results from another driver’s negligence – such as failing to signal, engaging in distracted driving, or speeding – the victim may be entitled to compensation for lost income, loss of earning capacity, and pain and suffering.
A Calgary car accident lawyer can help by investigating the case, gathering evidence, negotiating with insurance companies, and representing the victim in court to ensure fair compensation.
How Do Negligent Drivers Cause Sideswipe Accidents?
Negligent drivers can cause sideswipe accidents in several ways, typically due to carelessness, inattention, or reckless driving. These accidents often happen on highways, busy streets, or narrow lanes, where vehicles are close together, and the risk of collision is higher.
One common cause of sideswipe accidents is failing to signal when changing lanes. Many drivers neglect to use their turn signals to indicate their intentions, which can surprise other drivers and lead to a sideswipe. If a driver abruptly changes lanes without signalling, the other vehicle, unaware of the move, may not have enough time or space to avoid a collision.
Distracted driving is another major factor contributing to sideswipe accidents. Drivers who take their eyes off the road to check their phones, eat, or adjust the radio are more likely to drift out of their lane. Inattention can cause them to sideswipe another vehicle – especially if they don’t notice how close they are to the car beside them. This type of accident is more likely to occur in traffic or when the driver is weaving in and out of lanes.
Speeding is also a significant factor in sideswipe accidents. When drivers exceed the posted speed limit or drive too fast for road conditions, they have less time to react if another vehicle drifts into their lane. High speeds can also make it harder to maintain control of the vehicle, leading to dangerous lane changes and sudden maneuvers that can cause sideswipes.
Tailgating, or following too closely, can cause a sideswipe if the tailgating driver tries to pass another vehicle and doesn’t leave enough space to do so safely. The driver may unintentionally sideswipe the car they’re passing if they misjudge the distance or the other vehicle moves slightly.
Finally, impaired driving, whether due to alcohol, drugs, or fatigue, can impair a driver’s ability to judge distances, react quickly, or control their vehicle. These factors increase the likelihood of drifting into another lane and causing a sideswipe accident.
A car accident lawyer can determine the cause of a sideswipe to determine liability.
Most Common Injuries in a Sideswipe Accident
Victims of sideswipe accidents can suffer a wide range of injuries, depending on the speed of the crash and the angle of impact. While sideswipe accidents are typically less severe than head-on collisions, they can still cause significant harm.
One of the most frequent injuries in sideswipe accidents is whiplash. This occurs when the victim’s head and neck are suddenly jolted in one direction and then snapped back. In a sideswipe, the force of the crash can cause a victim’s neck to move quickly, leading to muscle strain, ligament damage, and sometimes more severe spinal injuries. Whiplash can cause pain, stiffness, and headaches and may require physical therapy for recovery.
Cuts and bruises are also common injuries in sideswipe accidents. The side of the vehicle that is hit may be dented or damaged, causing broken glass or metal to strike the occupants. Even if the glass does not shatter, the sudden impact can lead to soft tissue injuries, leaving the victim with cuts and bruises along their arms, legs, or face. These injuries are typically less serious but can still cause pain and require medical attention.
Another common injury is broken bones, especially in the arms, ribs, or legs. The force of the sideswipe can push the vehicle against barriers or other cars, causing the driver or passengers to collide with the interior of the vehicle or be thrown into the side door. In some cases, the collision can be severe enough to break bones, especially in older adults or those with weaker bone density.
Head injuries are also possible – even if the accident is relatively minor. The sudden jolt of the crash can cause the victim’s head to strike the window, dashboard, or side of the vehicle. This can lead to concussions or other traumatic brain injuries. Even if there is no visible head injury, a concussion can cause symptoms like dizziness, nausea, or memory loss.
Lastly, psychological injuries, such as anxiety or post-traumatic stress disorder (PTSD), can occur after any accident, including a sideswipe. Victims may experience fear of driving or anxiety related to the accident, which can affect their overall well-being.
When seeking compensation for losses, car accident lawyers consider all types of injuries and their effects.
Proving a Sideswipe Accident Case
In a sideswipe accident case, the elements of proof are crucial in determining who is at fault and whether the victim is entitled to compensation. To establish negligence and liability, the plaintiff (the injured party) must prove several key elements. These elements typically include duty of care, breach of duty, causation, and damages.
First, every driver has a legal obligation to operate their vehicle in a safe and reasonable manner, adhering to traffic laws to prevent harm to others. In a sideswipe case, the defendant (the driver accused of negligence) is expected to follow these rules and not drive in a way that may endanger other motorists.
After establishing that the defendant owed a legal duty of care, the next element is proving that they breached this duty. A breach occurs when the defendant’s actions violate traffic laws or safety standards. For example, changing lanes without signalling, failing to check blind spots, and engaging in distracted driving are all considered breaches of duty.
The plaintiff must also show that the defendant’s breach of duty directly caused the sideswipe accident. This means proving that the defendant’s actions (like drifting into another lane or speeding) were the primary cause of the collision, not some other factor.
Lastly, the plaintiff must demonstrate that they suffered actual damages from the accident. This may include physical injuries, pain and suffering, or lost earnings. Without proving damages, there is no basis for a claim, regardless of fault.
To strengthen a sideswipe accident case, various types of evidence can be helpful. First, witnesses who saw the accident can provide valuable insight into how the crash occurred. Their statements can help clarify details such as which vehicle changed lanes or if one driver was speeding or distracted.
Similarly, the police report from the scene often includes important information about the accident, such as witness statements, road conditions, and the officer’s observations. It may also indicate whether any traffic laws were violated.
Photos of the accident scene, vehicle damage, and injuries can also be essential in showing the extent of the crash and the forces involved. Dashcam footage or surveillance video from nearby businesses can also capture the incident as it happened.
Finally, the location and severity of the damage to both vehicles can help reconstruct the accident. Damage to the side of the car can suggest whether one vehicle swerved or drifted into the other’s lane.
Litigating a Sideswipe Accident Case
The process of litigating a sideswipe accident case typically begins with filing a lawsuit and proceeds through various stages, including discovery, settlement negotiations, and potentially a trial or alternative dispute resolution (ADR) proceeding.
The first step in a sideswipe accident case is filing a lawsuit in the appropriate court. The injured plaintiff begins the process by submitting a complaint that outlines the facts of the accident, the legal basis for the claim (such as negligence), and the damages they seek. The defendant is then served with the complaint and must respond within a specified period, usually 30 days. If the defendant fails to respond, a default judgment may be issued in favour of the plaintiff.
Once the lawsuit is filed, both sides enter the discovery phase, where they exchange information and gather evidence. This includes the exchange of documents, such as police reports and medical records. Both parties may also conduct depositions, which involve questioning witnesses under oath, including the plaintiff, defendant, and any eyewitnesses. The purpose of discovery is to uncover facts, evaluate the strengths and weaknesses of the case, and prepare for either a settlement or trial.
Most sideswipe accident cases are resolved through settlement before reaching trial. During the litigation process, the parties may engage in settlement discussions or mediation, a form of alternative dispute resolution (ADR). In mediation, a neutral third party helps facilitate communication between the parties and work toward a mutually agreeable resolution. If both sides agree on a settlement, the case is resolved without going to trial, and the plaintiff is compensated based on the terms of the agreement.
If the case does not settle, it proceeds to trial. At trial, both parties present their evidence and arguments before a judge or jury. The plaintiff must prove that the defendant was negligent and caused the sideswipe accident. This involves presenting witness testimony, expert opinions, photographs, and other evidence. The defendant may argue that they were not at fault or that the plaintiff’s damages were exaggerated. After hearing both sides, the judge or jury will render a verdict and decide the amount of compensation to award the injured accident victim.
It is critical to have an experienced car accident lawyer handling a case in the event it goes to court.
Compensation for Injuries in a Sideswipe Accident
Victims of sideswipe accidents may be entitled to compensation to cover the financial, emotional, and physical toll the accident has taken on their lives. The compensable damages vary depending on the specific circumstances of the case, but they generally address the victim’s economic losses, emotional distress, and pain.
Here are some of the most common losses that victims may recover compensation for:
- Loss of Earnings: If the victim cannot work due to injuries sustained in the accident, they may be compensated for their lost earnings. This includes income or salary the victim would have earned during the time they were unable to work. For those who have to take time off for recovery, this compensation ensures that they are not financially burdened by their inability to work immediately after the accident.
- Loss of Earning Capacity: In cases where the accident results in long-term or permanent disability, victims may also be entitled to compensation for loss of earning capacity. If the victim can no longer work in their previous job or profession due to the severity of their injuries, compensation is provided to account for the reduced ability to earn income in the future. Compensation for this loss may depend on the victim’s age, profession, and potential career trajectory had the accident not occurred.
- Loss of Consortium: In some cases, the victim’s spouse may be eligible to recover loss-of-consortium damages. This compensation addresses the loss of companionship, affection, and ability to maintain a normal marital relationship due to the victim’s injuries. If the accident causes emotional and physical limitations that affect the victim’s marriage, the spouse may receive compensation for this loss.
- Punitive Damages: Punitive damages are awarded in cases where the defendant’s conduct was particularly reckless or egregious. For example, if the at-fault driver was driving under the influence of alcohol or drugs, punitive damages may be imposed. Unlike compensatory damages, which are meant to reimburse the victim, punitive damages aim to punish the defendant and deter others from engaging in similar behaviour.
- Emotional Distress: Victims of sideswipe accidents often experience emotional distress, which includes anxiety, depression, and post-traumatic stress disorder (PTSD). These psychological impacts can significantly affect a victim’s well-being and daily life. Compensation for emotional distress helps victims recover from the mental toll of the accident, in addition to physical injuries.
- Pain and Suffering: Pain and suffering compensation addresses the physical pain and emotional suffering that the accident and subsequent injuries caused. This includes both short-term pain, such as acute injuries, and long-term discomfort that may persist for years. It also encompasses the emotional anguish that results from accident-related trauma, including fear, anxiety, and depression.
- Lost Quality of Life: Lastly, victims may be awarded compensation for their lost quality of life. This compensates the victim for the diminished ability to engage in daily activities or hobbies as they did before the accident. Severe injuries can limit a person’s mobility, independence, and enjoyment of life, and compensation for this damage reflects those losses.
Speak with a Skilled Car Accident Lawyer Today
Sideswipe collisions can lead to debilitating injuries and losses. If you sustained injuries in a recent sideswipe crash, a knowledgeable Calgary personal injury lawyer can guide you throughout the process and pursue the maximum compensation you deserve for your injuries.
