Who’s At Fault for a Sideswipe Accident?

Legally Reviewed and Edited by: Terry Cochran

Sideswipe accidents are common, with 11.8% of all crashes in the United States involving this type of collision. Property damage and severe injuries can occur in sideswipe accidents, resulting in high medical costs and damages for crash victims.

Determining who is at fault for a sideswipe accident is essential for obtaining the compensation you deserve after a crash. Although it’s often the individual who strayed from their lane, various factors can contribute to liability.

If you are involved in a sideswipe accident, our skilled car accident lawyers at Cochran, Kroll, & Associations, P.C. can help you identify who is liable for your accident and file a claim for damages.

Who is Responsible for a Sideswipe Crash?

Sideswipe accidents occur when one vehicle runs into another while driving alongside it. This type of accident can be caused by drivers failing to check their blind spots, driving under the influence, or changing lanes illegally.

Typically, the driver who doesn’t stay in their lane or violates traffic laws and safety regulations is at fault in an accident. A frequent scenario involves a driver veering out of their lane and colliding with another vehicle.

In certain accident scenarios, responsibility can be shared among multiple drivers, especially if they exhibited negligence. An example of this would be if two drivers were distracted, leading them to drift toward each other at the same time.

In rarer cases, neither driver may be assigned fault; another entity could be liable. For example, the auto manufacturer could be held responsible if a sideswipe crash happened due to a brake failure.

Factors to Consider When Determining Fault

When determining who’s at fault for a sideswipe accident, the insurance companies and your attorney will investigate the circumstances of the crash to look for signs of the following:

Driver Distraction

Drivers talking with other passengers, adjusting the radio, or using their cell phones are not paying attention to their surroundings. This behavior allows them to drift into another lane or fail to check a blind spot when changing lanes, causing them to collide with another vehicle.

For instance, in Michigan, texting while driving is against the law. If a sideswipe accident happens and a driver was using their phone at the time, they could be held more liable.

Failure to Maintain Lane Position

Michigan requires all vehicles to stay in a single lane within two or more marked lanes on a highway. Drivers can only leave their lanes once they ensure they can move safely into another lane. A driver who fails to maintain their lane position and doesn’t look before changing lanes can cause a sideswipe crash with another vehicle.

Illegal Lane Changes or Improper Merging

Illegal lane changes or improper merging can cause a sideswipe accident by violating laws and regulations related to lane driving and changing. For example, Michigan drivers must use the extreme right-hand lane on the road with two or more lanes, except when passing or making a left turn.

If a driver fails to check the other lane and attempts to change lanes unsafely or illegally, they can collide with a vehicle in the adjacent lane, causing a sideswipe accident.

Reckless Driving

Road rage behaviors like excessive speeding, tailgating, or cutting off other drivers can cause drivers to lose control of their vehicles, limiting their ability to respond to changing road conditions. They might not slow down or stop in time to avoid a collision, especially if they encounter unexpected hazards, such as a sudden change in traffic flow. The reckless driver could be responsible if this results in a sideswipe crash.

Impaired Driving

Drivers under the influence of drugs or alcohol experience impairment regarding judgment and reaction time. They may struggle to maintain their lane position and accurately judge distances between their vehicle and other cars.

Alcohol and drugs can also interfere with coordination and cause loss of control, making a driver less likely to operate their vehicle safely and increasing the risk of a sideswipe accident.

Who is at Fault When Changing Lanes?

One of the most common causes of sideswipe accidents is a lack of attention when one or more vehicles change lanes on the road or the highway. Depending on the number of vehicles involved, fault may be attributed to the driver changing lanes or the other motorist.

When Can the Driver Who Changes Lanes Be At Fault?

Drivers changing lanes can be at fault in several circumstances, typically attributable to negligence or a failure to respect traffic laws. Examples include:

• Unsafe lane changes. A driver becomes responsible for an accident when they make unsafe lane changes, for example, by crossing solid lines during heavy traffic or in poor weather conditions, creating risky conditions that can result in sideswipe collisions.
• Failing to signal. Michigan law requires drivers to use turn signals when changing lanes, allowing other drivers to react on time. Failing to signal before changing lanes is against state law and can be the cause of a sideswipe accident case.
• Failing to check blind spots. While the law may not explicitly mandate it, checking your blind spots before turning or changing lanes is highly advised. Many car accident cases, including sideswipe collisions, occur because drivers neglect to check these areas, hitting another vehicle out of their direct line of sight.
• Cutting another driver off while changing lanes. Changing lanes while too close to another vehicle can cut them off. The other driver is at a high risk of braking hard or swerving to avoid a potential collision, increasing the risk of a sideswipe incident. This is particularly dangerous at high speeds, such as on a highway.
• Distracted driving. According to the CDC, about 3,000 people are killed annually in motor vehicle crashes due to distracted drivers. Lane changes due to distracted driving are typically unintentional. For example, a driver may be too distracted to realize their vehicle is veering off their current lane and into another.

When Can the Driver Who Does Not Change Lanes Be At Fault?

In some situations, the driver not changing lanes can be fully or partially at fault for a sideswipe accident. These situations include:

• Negligently or intentionally blocking traffic. Irresponsible driving actions, like deliberately slowing down or speeding up to obstruct traffic flow, can lead to sideswipe collisions.
• Failing to maintain a lane properly. Drivers moving or swerving suddenly within their lane can confuse other drivers, potentially causing a sideswipe accident.
• Aggressive driving. Acts of aggressive driving, such as brake-checking or speeding and sudden deceleration, can cause or contribute to a sideswipe accident.

Who is at Fault When Merging?

Sideswipe accidents while merging often happen around highways and freeways due to the high speeds and concentrations of vehicles. Determining fault in a sideswipe while merging can be challenging. Here is a breakdown of the possible situations where merging and non-merging drivers can be assigned fault:

When is an Accident the Merging Driver’s Fault?

Many situations can lead to a merging driver being responsible for a sideswipe accident. Some common examples include:

• Failing to yield. If the merging driver does not have the right of way, such as on a highway or a ramp, they must yield to oncoming traffic before merging. Failing to yield when road conditions require can cause a sideswipe collision.
• Improper turn signal usage. Drivers who wish to merge must use their turn signals before merging. They must also provide sufficient warning to other road users before starting to turn. Moving too quickly after turning the signals on or failing to initiate them can result in being assigned fault for a sideswipe accident.
• Merging at unsafe speeds. Drivers must use the merging lane or ramp to bring their vehicle to the same speed as oncoming traffic. Merging while driving too slowly or quickly increases the crash risk, including side impacts.

When Can the Non-Merging Driver Be At Fault?

Even if they have the right of way, non-merging drivers are still responsible for being as safe as possible. A non-merging driver can be considered at fault for a sideswipe accident in the following cases:

• Aggressive driving. Accelerating suddenly to overtake a merging driver or prevent them from merging ahead of them is unsafe and can contribute to a side impact.
• Failing to yield when required. Non-merging drivers must recognize when they don’t have the right of way. If signage or traffic law requires them to yield to a merging driver and they fail to do so, they may be at fault.

Can Both Drivers Be at Fault for a Sideswipe Accident in Michigan?

Drivers can share fault for a sideswipe accident in Michigan. The state uses modified comparative negligence, which allows you to recover compensation if you are less than 50% responsible for the accident. If an insurer finds you are more than 50% liable for your injuries, you lose your right to a settlement.

For example, you may be partially at fault if you and another driver are speeding and their vehicle sideswipes yours. Your attorney can submit evidence that the other driver was also distracted, which may lower your responsibility in the crash.

If the insurer finds you 30% liable, you can win a damage award; however, your settlement will be reduced by this amount.

How to Prove Liability in a Sideswipe Collision

Proving liability is essential to recovering non-economic damages and ensuring the responsible party is accountable for their actions. However, demonstrating negligence in a sideswipe accident can be difficult, especially with no clear witnesses or evidence.

Following certain steps can help strengthen your case and increase your chances of financial compensation for damages and injuries.

Call the Police

Call 911 and ask for police assistance and emergency services immediately after the crash. The police will interview all involved parties and note their opinion on who’s at fault for a sideswipe accident when creating an accident report. When talking with the police, stick to the accident details without admitting guilt or accusing the other driver.

An emergency medical technician (EMT) can check if you’re okay and evaluate you for injuries such as organ damage or fractures. EMTs may recommend you go to the hospital if they think diagnostic imaging or an examination in the emergency room could diagnose your injury.

Schedule a Medical Appointment with a Doctor

Although you may feel fine right after the collision, some symptoms, such as shoulder pain or muscle stiffness, may not appear for hours or days. Additionally, serious injuries like TBIs or whiplash can take time to show symptoms.

See your healthcare provider as soon as possible after your accident. They can document injuries or symptoms you’re experiencing, perform testing, and create a treatment plan to get the care you need. These records can also help your attorney demonstrate your injuries to the insurance company and prove they happened during the crash.

Take Pictures and Videos of the Accident Scene

Photographs and videos of the area around you can help insurers and your lawyer determine the extent of the damage and how the accident occurred. These pictures can include all the cars incurred and the location of the accident.

If you notice nearby businesses with security cameras, take pictures of them. Your lawyer can request security footage from the business owners to support your car accident claim.

Get the Contact information of All Witnesses

Ask pedestrians and drivers who witnessed the accident to provide a statement, recording their testimonies with a cellphone or on paper. Encourage them to give as much detail as possible about what they saw, such as car positions and contributing factors.

If they’re unwilling to give a statement, ask if they can share their name, address, and phone number so your attorney can contact them later. Your lawyer will reach out when investigating the accident to obtain their account for the incident.

Seek Legal Guidance

An experienced personal injury lawyer from Cochran, Kroll, & Associates, P.C. can review medical bills, accident reports, photos, and videos of the crash to provide a clear picture of the case for insurers.

They can use this information to determine fault in the accident and protect your rights to compensation. For instance, if the police report states the other driver was texting while driving at the time of the accident, your lawyer may need to subpoena their cell phone records to verify it.

Our lawyers will help you file for personal injury protection (PIP) benefits. They can also help you file a third-party tort claim if your injuries resulted in serious impairment of bodily function, such as a dismemberment or spinal cord injury.

Our partner attorney and registered nurse Eileen Kroll can use her medical background to assess your injuries, connect them to the accident, and prove their impact on your life for fair compensation.

Your legal team can estimate accurate economic and non-economic damages, such as hospital bills, lost earnings, loss of enjoyment of life, and pain and suffering. This ensures you don’t accept a settlement offer below your accident-related expenses.

Contact an Experienced Car Accident Attorney After a Sideswipe Crash

After experiencing a sideswipe accident, a Michigan car accident lawyer from Cochran, Kroll, & Associates, P.C. can help you get the compensation you deserve. If you are questioning who is at fault, we can evaluate the evidence to determine liability for your crash and take legal action against the driver who is at fault for a sideswipe accident.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.