If you get sideswiped in an accident, your first steps should include seeking ongoing medical attention for any injuries – even if they seem minor – and speaking with an experienced Edmonton car accident lawyer as soon as possible.
A knowledgeable lawyer will file a timely claim with the insurance company, ensuring that all necessary evidence, such as police reports and medical records, is submitted properly. If the insurer refuses to offer you a fair settlement, your lawyer can then file a lawsuit on your behalf, pursuing compensation for lost earnings, pain and suffering, and other damages while handling all legal aspects of your case.
Most Common Injuries in a Sideswipe Accident
Sideswipe accidents occur when two vehicles make contact while traveling in the same direction, typically when one car drifts out of its lane and strikes the side of another. These accidents can cause both physical and mental injuries, varying in severity depending on the circumstances of the crash.
Physical injuries are common in sideswipe accidents, especially when the vehicles are travelling at high speeds. One of the most frequent injuries is whiplash. This occurs when the head is jerked suddenly forward and backward, causing strain on the neck and spine. It can lead to pain, stiffness, and long-term discomfort. Another common injury is bruising or contusions, which happens when the victim’s body is forcefully pressed against the vehicle’s interior during the collision. This can lead to visible bruises, swelling, and, in some cases, more serious internal injuries.
Broken bones are also a concern in sideswipe accidents, especially for passengers who may be thrown against the side of the car. The ribs, arms, and legs are often affected, and fractures can result in long recovery times. In some cases, the vehicle’s side impact may also cause the driver or passengers to be ejected from the car, leading to even more severe injuries, such as traumatic brain injuries (TBIs) or spinal cord damage. These types of injuries can have lifelong consequences, such as paralysis or cognitive impairments.
Mental and emotional injuries are also common in sideswipe accidents. Many victims experience anxiety, stress, or post-traumatic stress disorder (PTSD) following a crash. The fear of being in another accident or the shock of the event can lead to ongoing emotional distress. Victims may also experience depression – especially if their injuries result in a long recovery process or a loss of independence. In some cases, accident victims may also develop a fear of driving, which can affect their ability to carry out everyday activities. Mental and emotional recovery can often take as long as physical healing, and in some cases, counselling or therapy is necessary to overcome these challenges.
How Do Negligent Drivers Cause Sideswipe Accidents?
Negligent drivers can cause sideswipe accidents in a variety of ways, often due to a failure to properly assess their surroundings or a disregard for the rules of the road. One of the most common causes is distracted driving. When drivers take their attention away from the road – whether it’s to check their phone, eat, or adjust the radio – they may fail to notice the lane markings or the vehicles around them. This lack of attention can easily result in a vehicle drifting into another lane, leading to a sideswipe collision.
Another significant factor contributing to sideswipe accidents is reckless lane changes. Drivers who make abrupt or unnecessary lane shifts, especially without signalling, can catch other motorists off guard. If a driver swerves into an occupied lane, they may strike the side of another vehicle, causing a sideswipe. This is especially dangerous in heavy traffic or on highways where vehicles are travelling at high speeds.
Driving under the influence of alcohol or drugs is also a major contributor to sideswipe accidents. Impaired drivers often struggle to maintain control of their vehicle and may not recognize when they are veering out of their lane. Their judgment and reaction times are impaired, making it more likely that they will cause a collision. In some cases, impaired drivers may even fail to notice an approaching vehicle or misjudge the distance between their own car and others on the road, leading to a sideswipe.
Tailgating or following another vehicle too closely is another common cause of sideswipe accidents. Drivers who tailgate are unable to react quickly enough if the car in front of them changes lanes or slows down. In such situations, the tailgating driver may swerve to avoid a collision, which can result in sideswiping a vehicle in the adjacent lane. This behaviour often occurs in high-speed traffic or during rush hour when drivers are impatient and fail to maintain a safe distance.
Lastly, fatigued driving can be just as dangerous as driving under the influence. Tired drivers often have slower reaction times and a reduced ability to focus. When a driver begins to drift from their lane due to exhaustion, they may not notice other vehicles in their path, causing a sideswipe accident.
Important Steps to Take if You Get Sideswiped
If you’ve been sideswiped in an accident, there are several important steps to take, aside from the usual actions like documenting the scene, calling the police, exchanging insurance information, and seeking immediate medical attention. One of the most important things to do is to follow up on your medical care. Even if you don’t feel injured right away, some symptoms, like whiplash or internal injuries, may not appear until hours or days after the accident. Make sure to schedule an appointment with your doctor or visit a medical professional for a thorough evaluation. Keeping track of any new or worsening symptoms and maintaining a record of your treatment will be important if you need to file a claim or pursue legal action later.
Another important step is to gather as much documentation as possible pertaining to your accident. Specifically, you should keep all medical records and lost income documentation organized, as these documents will be important for your claim. Later, your personal injury lawyer can assemble these documents into a settlement demand package for the at-fault driver’s insurance company to review.
Finally, it’s a good idea to contact an experienced car accident lawyer as soon as possible after your accident. A lawyer will protect your rights, especially if there is any dispute about liability or if the other driver’s insurance company is uncooperative. Legal counsel can also assist with negotiating compensation for lost earnings, loss of earning capacity, emotional distress, and pain and suffering, ensuring that you aren’t taken advantage of during the claims process.
Finally, it’s important to be patient. Resolving the aftermath of a sideswipe accident can take time, but staying organized, proactive, and informed will help you manage the process more effectively.
Fighting the Insurance Company in a Sideswipe Accident Case
A skilled car accident lawyer can be a powerful ally when it comes to fighting the insurance company after a sideswipe accident. Insurance companies are often more focused on minimizing payouts than providing fair compensation, and they may try to downplay your injuries or shift the blame onto you. A seasoned lawyer knows how to counter these tactics and will work to ensure that you receive the fair compensation you deserve.
One of the first ways an experienced lawyer can help is by thoroughly investigating your accident. They will gather evidence, such as witness statements, police reports, and surveillance footage, to establish clear fault. Insurance companies may try to downplay your injuries in the accident or argue that you were partially at fault, but a skilled lawyer can use this evidence to build a strong case that the other driver is responsible. By doing this, they increase your likelihood of a successful claim, even if the insurance company initially denies responsibility.
Moreover, insurance adjusters often try to minimize compensation by questioning the severity of your injuries. A skilled lawyer will make sure you obtain proper medical evaluations and will work with medical experts to accurately assess the extent of your injuries. They will also gather your medical records to build a case that demonstrates the real effect the accident has had on your life, including both physical and emotional harm.
An experienced car accident lawyer will also handle negotiations with the insurance company on your behalf. Insurance adjusters may try to offer you a low settlement in the hopes that you’ll accept it without fully understanding your rights – or the full extent of your damages. Your lawyer will know how to push back against these lowball offers, using legal knowledge and negotiation tactics to secure a better deal. If the insurance company refuses to offer you a fair settlement, your lawyer is prepared to take the case to court, fighting for your rights in front of a judge and jury.
Recoverable Compensation in a Sideswipe Accident Case
In a sideswipe accident case, victims may be entitled to recover compensation for the various losses they suffered, depending on the severity of the accident and the damages they incurred. Specifically, victims may recover compensation for emotional distress, mental anguish, pain and suffering, loss of consortium, lost earnings, loss of earning capacity, loss of life enjoyment, and even punitive damages.
- Emotional distress and mental anguish are often included in a personal injury claim when a victim experiences significant psychological harm following an accident. This can manifest as anxiety, depression, or post-traumatic stress disorder (PTSD). If the accident was particularly traumatic, or if the victim’s mental health has been severely affected, they may be compensated for the emotional suffering they’ve endured. Compensation for this loss is usually assessed based on the severity of the emotional harm and the treatment that’s required for the accident victim to recover.
- Pain and suffering are another major aspect of compensation in sideswipe accident cases. This refers to the physical pain and discomfort a victim experiences as a direct result of the accident, including any ongoing issues that affect their overall quality of life. Pain and suffering compensation can cover both immediate pain following the accident and long-term pain that continues as a result of injuries like broken bones, whiplash, or back problems. Generally speaking, the more severe and long-lasting their injuries, the higher the compensation amount the accident victim is likely to recover.
- Loss of consortium may be available if the injuries resulting from the sideswipe accident significantly affect the victim’s relationship with their spouse. If the victim is unable to provide the same level of emotional support, intimacy, or companionship that they did before the accident, the spouse may be entitled to compensation for this loss.
- Lost earnings are recoverable if the victim is unable to work due to injuries sustained in the accident. This includes earnings lost during the recovery period. In cases where the injury results in long-term disability, the victim may also be entitled to compensation for loss of earning capacity, which reflects the future income they would have earned had the accident not happened.
- Loss of life enjoyment compensates victims for the effect their injuries have on their ability to participate in activities they once enjoyed. If the accident leaves the victim unable to engage in hobbies, sports, or other aspects of their daily life, they may recover compensation for the loss of these experiences.
- Finally, in some cases, punitive damages may be awarded. These damages are designed to punish the responsible party for particularly reckless or malicious behaviour. Punitive damages go beyond compensating the victim for their injuries and are meant to deter others from similar actions.
Altogether, recovering compensation for these various losses can help sideswipe accident victims recover both financially and emotionally from the consequences of the crash.
Call a Skilled Car Accident Lawyer About Your Legal Matter Today
If you recently suffered injuries in a sideswipe accident, a knowledgeable Edmonton personal injury lawyer can handle the legal steps of the process for you while you focus on your medical recovery. Specifically, your lawyer can file a claim or lawsuit on your behalf, aggressively negotiate with the at-fault driver’s insurance company, or litigate your case to a successful resolution in the court system.
