Sideswipe Car Accidents Can Be Deadly
According to data collected by the Insurance Information Institute, 961 fatal accidents attributed to sideswipe collisions during 2017. These car accidents are typically thought of as minor incidents. However, they can be quite dangerous and cause severe injuries and fatalities. They are usually caused by one driver being at fault for failing to maintain his or her travel lane. An accident lawyer can advise accident victims whether they may be able to obtain compensation for their injuries, medical bills, and other losses.
What Causes a Sideswipe Accident?
Most sideswipe accidents are caused by one driver not maintaining his or her lane. Here are the most common reasons why a sideswipe could occur:
- The driver is under the influence of alcohol or is driving while fatigued
- Improper passing occurred because the negligent driver sideswiped the other vehicle while trying to overtake it
- Failure to move over when coming upon a construction zone, prior car crash or to give emergency vehicles the right of way
- The driver engaged in aggressive driving or road rage behaviors, including speeding weaving in and out of traffic, or trying to run a vehicle off the road
- Distractive driving, such as texting on a cell phone, interacting with passengers, or any other behaviors that cause a driver to take their eyes off the road
- Failure to check blind spot before changing lanes
Proving Liability for a Sideswipe Car Crash
Drivers are required to maintain their lane of travel unless they are making a lane change or making a turn. In Nevada, there are three elements needed for proving liability in a sideswipe or other type of crash.
One, the injured party and their car accident lawyer must prove that the driver at fault owed the other driver a duty of care. This duty of care is to operate their motor vehicle in a safe and legal manner. Two, this duty was breached due to the negligent behavior of the other driver that caused the crash. This could include, driving while under the influence, distracted driving, or failure to maintain their lane. And three, the breach caused the accident that caused the victim to be injured and incur medical expenses.
When these three conditions are met, an injured victim could seek compensation through a legal claim against the negligent driver’s insurance policy through either a personal injury lawsuit or settlement.