Sideswipe accidents can result in severe injuries, major vehicle damage, and accident-related trauma, especially when they occur at high speeds. If you’ve been in such a collision, you’re probably unsure about who is at fault for your sideswipe car accident.
Determining fault is a difficult process that requires in-depth legal knowledge and a great deal of effort. Even if you have the investigative skill and legal experience to determine fault, your injuries would probably prevent you from doing so. Luckily, an attorney from Vaughan & Vaughan can identify the at-fault party and hold them liable for your car accident losses.
What Is a Sideswipe Accident?
A sideswipe accident is a collision between two motorists driving side by side. In this type of crash, one driver veers into the other’s lane, causing a crash that can also impact drivers behind the two main vehicles. If you asked an experienced Indiana car accident lawyer what causes such an accident, they’d tell you that they can result from several factors, including:
- Failure to check the blindspot before switching lanes
- Distracted drivers who accidentally stray into the neighboring lane
- Intoxicated drivers who can’t stay in their own lanes
- Aggressive or reckless driving
- High speeds that cause the driver to lose control of their vehicle
Potential at Fault Parties in a Sideswiped Car Accident
Your attorney must determine who is at fault to get the compensation you need to repair your vehicle and pay your medical bills after a sideswiped car accident. In most cases, the driver who collided with the side of your vehicle will be at fault for the collision.
However, several other parties could bear some responsibility for the incident. For example, if a third driver swerved at a motorist, causing them to swerve and sideswipe you, the third driver may be liable for your injuries and losses.
Less commonly, a city or local municipality can also be held accountable for a sideswipe collision. For instance, if a driver sideswiped you because they were avoiding an obstruction or large piece of debris that the town or municipality should have removed from the road, it may be at fault for the crash.
What If I Am at Fault for a Sideswiped Car Accident?
If you believe that you were partially at fault for the sideswipe accident you were involved in, you should still reach out to a personal injury attorney to discuss your legal options. That’s because Indiana’s comparative negligence law allows drivers who contribute to collisions to seek partial compensation for the medical and vehicle repair expenses they incur.
If you are found to be less than 51% at fault for the collision, you’ll be permitted to seek a reduced payment for the injuries and losses you’ve been burdened with due to the incident.
The amount of compensation available to you will be reduced in proportion to the amount you contributed to the collision.
Your level of contribution to the crash is referred to as your “percentage of fault.” If your percentage of fault is determined to be 50% and your total losses from the crash equal $30,000, then you’ll be able to recover $15,000 in damages.
How a Car Accident Attorney Can Prove Fault After a Sideswipe Crash
To get you the financial support you need to recover from your injuries and monetary setbacks, your attorney must prove fault. Proving fault isn’t as simple as you think it might be. To prove that the other driver caused the accident, your lawyer must conduct a thorough investigation of the collision.
During their investigation, your lawyer will collect and analyze the following pieces of evidence:
- The official accident report filed by local law enforcement
- Photos of the crash scene and vehicle damage
- Footage of the collision
- Statements from eyewitnesses
- Accident reconstructionist testimony
- Statements from passengers who were in your vehicle at the time of the crash
Establishing Liability After a Sideswipe Car Accident
Once your attorney has combed through all the evidence available and identified the at-fault party, they’ll use their findings to prove that the other driver should be held liable for your accident-related losses. To successfully prove liability, your attorney must complete the following steps:
- Prove that the driver owed you a duty of care
- Prove that the driver breached the duty of care
- Establish that the driver’s breach caused the collision
- Show that the collisions caused you to suffer injuries and losses
If your attorney can establish the four elements listed above, there’s an excellent chance that you’ll receive the compensation you need to pay your medical bills and get your life back in order.
How Long You Have to Take Legal Action After a Collision in Indiana
If you’ve been injured in a sideswipe car accident in Indiana, you have limited time to identify the at-fault party and file a lawsuit against them. That’s because the state has a statute of limitations that limits the amount of time that accident victims have to take legal action.
Ind. Code § 34-11-2-4 states that you have two years from the date of your collision to submit a civil suit against the party that caused it. If you wait too long to take action, you could miss the two-year filing deadline and be forced to go without the compensation you deserve.
Instead of delaying your case and jeopardizing your ability to make a full financial and physical recovery, get in touch with a lawyer today. Doing so could make the difference between a failed suit and the damages you need to get back on your feet.
Meet With an Experienced Car Accident Attorney at No-Cost
At Vaughan & Vaughan, we know how challenging it can be to recover from a serious collision. That’s why our attorneys are committed to winning the financial remedies you need to pay your accident-related bills, replace lost wages, cope with your pain and suffering, and repair your damaged vehicle.
To get started on your case, contact a car accident lawyer from our legal team today. They’ll meet with you for a free, no-obligation consultation to discuss your legal rights and options after an accident. If they agree to help with your case, they’ll work hard to determine who is at fault in your sideswipe car accident and recover the payment you’re owed.
