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Hurt in a Sideswipe Crash? How to Know Who's At Fault

sideswipe

Car accidents can be difficult, both physically and financially, especially if you were not responsible for the crash. In some cases, it is clear which party was at fault for the accident, but some situations may be more challenging to assess.

If you're not sure who caused your sideswipe accident, feel free to contact our firm to ask about your case. We offer free, no-obligation consultations, and can often answer questions over the phone. 

What is a Sideswipe Accident?

Sideswipe accidents most often happen when another driver tries to change lanes without proper care, attempts to enter the freeway from the entrance ramp, or makes an unsafe maneuver on a city street. If the other driver "swipes" the side of your vehicle with their own, it's a sideswipe accident. 

How to Know Who's At Fault

It's important to know who's at fault for an accident because the at-fault driver will also be responsible for paying for the damages (like your car and medical bills) that resulted from the wreck. 

In some cases, the other driver may be 100 percent at fault for your sideswipe accident, making him or her responsible for all damages. However, if both parties are deemed to be negligent, the fault might be split 50/50, 20/80, etc.

If you are determined to be 10 percent at fault for the accident, you will be responsible for 10 percent of the damages incurred. In rare cases, it is also possible that an outside entity could be responsible for your sideswipe accident. For example, if another driver swiped your car due to brake failure, the car’s manufacturer could be held accountable for the accident.

The Other Driver Is At Fault If...

The other driver is at fault for a sideswipe accident if they: 

  • Did not use a turn signal while turning
  • Were speeding and therefore caused the accident
  • Crossed a solid line on the road and hit your car
  • Changed lanes without checking their blind spots
  • Failed to yield
  • Weaved between cars
  • Didn't leave enough space between cars to enter a lane
  • Were driving under the influence
  • Were texting or making a call while driving
  • Were eating, changing radio stations, or doing anything that distracted them from the road
  • Were too tired to drive
  • Were not paying close attention to the road

Proving Fault

Once you've determined the other driver was at fault for your accident, how do you prove it to the insurance company?

Our experienced legal team understands how to gather evidence for auto accident cases. To prove fault, we can use police reports, witness testimony, medical reports, photographs of the vehicles involved, and more. If you'd like more information on how we help accident victims with sideswipe accident injuries, please contact our office to schedule your free consultation. 

Still Not Sure Who's At-Fault? 

If you're not sure who caused your sideswipe accident, feel free to contact our firm to ask about your case. We offer free, no-obligation consultations, and can often answer questions over the phone. 

Having Trouble Handling the Insurance Company

So you've determined the other driver is at fault for your sideswipe accident. Now you've started the claims process, but you're running into trouble. Some common problems include: 

  • Your insurance adjuster won't return your calls
  • Your doctor refuses to see you for your accident-related injuries
  • You're stressed and don't have time to handle your entire claim
  • The insurance company's settlement offer is unfair
  • You're worried if you're gathering strong enough evidence
  • You aren't sure what the value of your case is
  • You're still in pain, but you feel pressured to accept the insurance company's offer because you need the money to pay for your damages and expenses

There are many reasons the insurance company might be giving you trouble, but one of the main reasons is simple: it's an insurance company's job to pay you as little as possible for your accident. Insurance companies do want to pay an injured victims because this decreases their revenue. Insurance companies are in the market to make money, and they train their adjusters to use strategies that will avoid contact with an injured victim, such as avoiding phone calls, not returning emails, and other communication tactics. 

If you're struggling with any of these issues, we're here to help. We've been handling personal injury claims in Texas for over 25 years, and we are happy to set up a free consultation to discuss how we can help you.

Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas

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