The fault in a sideswipe accident depends on who had the right of way. The party who improperly departs from their lane of travel is at fault, unless there is another underlying cause.
Right-of-way laws require drivers to yield to vehicles already present in the lane of travel.
Jordan Law Center’s Greenville car accident lawyer explains how fault is determined in a sideswipe accident.
What Is a Sideswipe Car Accident?
A sideswipe car accident is a collision of vehicles traveling in the same direction. The vehicles make contact on their sides while moving forward.
Common Causes of Sideswipe Accidents
Improper merging
A leading cause of sideswipe accidents is improper merging. One vehicle is already in the lane of travel, and another vehicle enters the same lane. This may happen at an intersection when a driver maneuvers to the left turn lane. The driver may fail to check if a vehicle is already in the lane. In addition, a driver may enter the turn lane too early.
Improper merging can cause a sideswipe accident when vehicles travel in the same direction on a multi-lane road and when vehicles merge onto the highway. A driver may attempt a lane change when there is already a vehicle in the lane of travel.
Drifting
Sideswipe car accident fault may result from drifting from the lane of travel. A driver must maintain their vehicle within their lane. Drifting may occur because a driver is distracted or from traveling too fast for the conditions. A driver may be fatigued. Vehicle maintenance and mechanical issues may also contribute to dangerous drifting.
Poor traffic control patterns
Road design and traffic control may contribute to sideswipe accidents. Drivers may not have sufficient space to merge, for example. Road construction or special events may direct traffic in a dangerous pattern. Traffic signals may be unclear, inadequate, or non-functional.
Swerving to avoid an obstruction
A driver may swerve to avoid danger ahead. Potholes, stopped vehicles, a pedestrian, debris, or an animal may be present on the road. As the driver departs from their lane to avoid an obstruction, they may collide with another vehicle in a sideswipe accident.
Mechanical failure
A mechanical failure can cause a driver to lose control. A tire blowout or steering issue may result in a departure from the lane of travel. The underlying cause, including failure of the driver to maintain the vehicle, faulty parts, or poor maintenance services, may be important to determine fault.
Road rage
Road rage may cause a driver to intentionally depart from the lane of travel. A driver may be impatient, angry, or frustrated. When road rage results in an accident, it is a serious criminal offense and makes the driver at fault for the accident.
Traffic Laws and Sideswipe Accidents
Traffic laws may determine fault in a sideswipe accident. For example, S.C. Code § 56-5-440 says that vehicles entering a highway must yield the right-of-way to traffic on the highway. S.C. Code § 56-5-970 requires drivers to obey traffic lights, yielding to traffic in the intersection.
While traffic laws may be instructive, violating a traffic law does not require one to be at fault for a sideswipe accident.
How Do You Determine Fault in a Sideswipe Accident?
The fault in a sideswipe accident depends on who was in the wrong to be in the lane of travel.
Looking at vehicle damage isn’t enough.
For rear-end accidents, the driver in the back is usually at fault. For sideswipes, it isn’t so simple. Multiple factors may matter.
Key factors to determine fault
- Right of way rules where the accident occurred
- When the merging vehicle left its lane of travel
- Witness statements
- Cameras, including nearby surveillance video and dash cams
- Skid marks, evidence of braking or evasive action
- Road signs and traffic signals
- Traffic laws
- Vehicle inspection, maintenance history
- Road conditions and obstructions
- Other incidents of vehicle failure for the make and model of the vehicle
Key evidence will vary from case to case.
How Insurance Companies Determine Fault
Insurance companies determine fault by investigating and looking at the circumstances. You can help by gathering evidence, including photographs of the accident scene and vehicles. Obtain a copy of the accident report and look for surveillance video or witnesses. A vehicle inspection may be appropriate.
The insurance company will investigate the actions of each driver and other potential causes.
They will also evaluate traffic laws and general rules of negligence to determine accident liability.
When Both Drivers May Share Fault
Multiple drivers can share fault for a sideswipe accident. One driver may have been speeding, while the other driver didn’t check for oncoming vehicles. Under South Carolina’s comparative negligence system, a party may still recover compensation if they share fault for a sideswipe accident.
Remember that insurance companies try to minimize compensation. If they say you’re at fault, consult a lawyer. You may need to refute their accusations and fight for your compensation.
What To Do Immediately After a Sideswipe Accident
After a sideswipe accident, be sure to take the following steps:
- Stop your vehicle in a safe place.
- Call the police or emergency responders.
- Document the scene with photographs.
- Get witness information.
- Observe the scene, including where the impact occurred, debris on the road, road conditions, and weather conditions.
- Get the other driver’s name, license plate, vehicle details, and insurance.
- Cooperate with police, but don’t admit fault.
- Get a copy of the accident report.
- Report the accident to your insurance.
- Consult with a lawyer as soon as possible.
How a Greenville Car Accident Lawyer Can Help
Our Greenville car accident lawyer at Jordan Law Center can investigate, document fault, and argue your case. A lawyer can assist you with the insurance company and settlement negotiations. They can also represent you in legal action to receive compensation for a sideswipe accident.
Contact
Do you need help determining who is at fault for a sideswipe accident? We represent car accident victims in compensation claims. Contact Jordan Law Center today.
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