Who is At-Fault in a Sideswipe Accident?

Who is At-Fault in a Sideswipe Accident?

Any car wreck attorney in Atlanta will say that fault always depends on the situation. However, most drivers on the road will argue that their insurance companies are still quick to say that this vehicle or that vehicle is responsible. Why is there this disconnect?  Insurance companies often rely on general rules to associate fault with a particular driver. Then because so many crashes and issues are settled out of court, there is little room for dispute in their decision. For rear-end accidents, this is hard to argue, but in a sideswipe accident, the dispute can become nasty quickly.

Get ahead of the trouble that’s waiting for you and hire an attorney that knows how to stand up to big insurance companies.

What Counts as a Sideswipe Accident?

A sideswipe accident is what occurs when two cars collide side against the side. The rear or the front of the vehicle shouldn’t show any sign of damage. So, a T-bone accident is not a sideswipe. Even if someone swiped a car across their back bumper, it would not count as a sideswipe because essentially, the driver hit the back of the other vehicle.

These accidents happen most often when people are changing lanes. The “blind spots” in vehicles make it very possible for cars to change lanes and simply not see that another vehicle was there. So, does that put that person at risk of negligence and responsibility for the crash?

Determining Liability

Liability is always a big topic of discussion. In Atlanta crashes, particularly sideswipes, it may not be exactly clear who hit whom. So when it comes down to liability, it may be a “he said, she said,” situation until a crash recreation expert gets involved. When a crash recreation experts come into play, they can look at the damage and attempt to recreate the situation that would result in the same amount of damage to both vehicles.

When looking for liability, the drivers will often “know” who is at fault and make their own assumptions. But things like speeding and road restrictions can come into play and change liability as well as fault.

Proving Negligence

Negligence plays into a liability in that comparative negligence determines the fault of the drivers. Each driver will have a percentage of fault assigned to them at the end of the investigation. That doesn’t mean that it’s an accurate depiction of negligence. In fact, insurance companies will often skew the facts to get favorable percentages of fault assigned that limits the amount that both companies have to payout.

Negligence and proving negligence in Atlanta relies on the evidence you gather. Pictures of the vehicles in sideswipe cases simply aren’t enough. With a sideswipe case, you want pictures of the road conditions, where the vehicles were at the time of impact, and any marks left on the road from the accident.

When taking images, don’t forget to collect information from any witnesses and to alert the police of the accident. Usually, sideswipe accidents don’t come with substantial injuries, and the police may not come out to the Atlanta crash site. But you can still file an official police report and give information about whose fault it was.

Working with an Atlanta Car Wreck Lawyer

It’s understandable that after an accident, people don’t want to involve an attorney. The crash was a mistake, and many people want to resolve the matter as quickly and quietly as possible. The facts, however, show that the resolution of these accidents through insurance companies alone results in substantially lower compensation payouts.

Fight for the full compensation that you deserve by involving an attorney from the very beginning. They can help you access the resources you need to show what really happened.

How to Find a Car Accident Lawyer For Your Sideswipe Accident

Choosing a car wreck lawyer in Atlanta starts with understanding what they can and should do for you. All too often, an attorney may offer only the most basic services because a client doesn’t expect very much. Change the script on that and request a consultation where you can further dive into the details of your claim and your expectations.

During a consultation, you can ask about available resources, what they believe is the best course for your case, and about your odds for a favorable outcome. With an experienced and skilled Atlanta attorney, you should have a peaceful and enlightening meeting.

You can schedule a consultation with The Weinstein Firm online or by calling our offices. We will happily sit with you to look at your claim with you.

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