A collision in which the sides of two motor vehicles strike each other is known as a sideswipe accident. Determining who is at fault for a sideswipe accident in Colorado is an important step to help settle the issue of financial liability for the collision.
If you have been injured in a sideswipe accident in Colorado, the experienced car accident attorneys at The Wilhite Law Firm can evaluate the details of the collision and help you understand your legal options for pursuing compensation to cover your injuries and losses.
Contact our car accident lawyers today for a free review of your case and a discussion of your legal options.
What Is a Sideswipe Accident?
When two vehicles traveling next to each other collide, the crash is usually a sideswipe accident. Vehicles may be traveling in the same direction or opposite directions when a sideswipe collision occurs.
Sideswipe accidents also are known as lane change collisions. They often occur when a driver is trying to merge into another lane and encroaches on another vehicle’s right of way.
Why Do Sideswipe Accidents Happen?
Some drivers cause sideswipes by unintentionally drifting out of a lane into an adjoining lane occupied by another vehicle. Sideswipes often occur when drivers are turning at intersections and a driver deviates from their designated lane while turning. In other cases, a driver may lose control of a vehicle and cross into another lane.
The National Highway Traffic Safety Administration (NHTSA) says in an Analysis of Lane Change Accidents that the most significant factor for the encroaching vehicle in most sideswipe scenarios is driver distraction.
When drivers glance away from the road ahead for more than 2 seconds, the crash risk increases at least two times. “Drivers looking away from the road stand to miss critical changes in the environment that affect where they can safely travel,” NHTSA says in a study.
NHTSA said drivers who inadequately monitor their side-view mirrors, side windows, and center mirrors prior to changing lanes can cause sideswipe accidents.
Many newer vehicles are equipped with technology to warn drivers if they are drifting out of a lane or if another car is located in the driver’s blind spot. This technology can help prevent sideswipe collisions.
Other common causes of sideswipe accidents include:
- Speeding
- Driving too fast for conditions
- Drunk driving
- Drowsy driving
- Frequent lane changes, frequent passing
- Failing to check blind spots
- Changing lanes without using a turn signal
- Obstructed view
- Driving in conditions of low visibility such as at night and in adverse weather
NHTSA also said that 14% of lane change crashes resulted in some form of injury.
How Is Fault Determined in a Sideswipe Accident?
A motorist is considered negligent under Colorado law if he or she failed to take reasonable action to prevent others from being injured in an accident. A driver who failed to yield to another driver who had the right of way would likely be considered negligent and at fault for a car accident.
If someone injures you because of their negligent behavior, you have the right to seek compensation for your medical expenses and accident-related losses. After a sideswipe car accident that someone else caused, you may seek compensation for such losses including:
- Medical care costs
- Lost wages while you recuperate
- Vehicle repair or replacement
- Pain and suffering
As your personal injury attorneys, the Wilhite Law Firm will investigate the circumstances of your car accident to determine fault and calculate the full extent of your losses to estimate the compensation you are due.
As part of our investigation, we seek evidence from such sources as:
- Police reports
- Statements from accident witnesses
- The accident scene and/or crash-scene photos
- Vehicle damage
- Vehicles’ event data recorders (EDR or “black box”). These devices record a vehicle’s speed, braking, acceleration, steering trajectory, and more during the seconds before a collision
- Red light camera photos, when applicable and available
- Surveillance camera footage, such as may be available at stores, ATMs, and public buildings
- The other driver’s cellphone records may indicate the driver was talking on the phone and distracted at the time of the crash
After a sideswipe accident that was another driver’s fault, you may file a claim against the other driver’s auto liability insurance seeking compensation for your losses. As your attorneys, we will deal with insurance companies on your behalf. We will present your demands for compensation backed by evidence of the other driver’s fault and of your costs and losses.
Most car accident claims are settled through negotiations with insurers. As your attorneys, we would press aggressively for all compensation you are legally entitled to claim. If the insurer refuses to agree to a fair settlement, our attorneys would be prepared to file a personal injury lawsuit on your behalf and pursue justice in court.
Much of the evidence required for a strong car accident claim must be gathered quickly before it is lost or deteriorates. This makes it important to contact a car accident attorney as soon as you can after being injured in a motor vehicle accident.
Contact a Colorado Sideswipe Accident Lawyer Today
If you have been injured in a sideswipe accident, you should seek the help of an experienced sideswipe car accident lawyer to investigate the accident and deal with the insurance companies for you. If you were injured in Denver or the surrounding areas, the Wilhite Law Firm is ready to fight to recover all of the compensation you deserve to receive.
Contact us today for a free initial consultation about how we can help with your sideswipe accident claim.
