Who Is At Fault In a Sideswipe Accident In Florida?

Any car accident can be terrifying and frustrating, and sideswipes are particularly so. At the end of a sideswipe accident in Florida, you may be left wondering what went wrong and what you could have done to have prevented the accident. While Florida law is a little complex when it comes to car accidents, in a sideswipe car accident, the fault usually rests with the person who violated the law. Because reckless and distracted drivers often cause these kinds of accidents, you may need to file a personal injury claim to get the damages you deserve.

What Is a Sideswipe Accident?

Sideswipe accidents happen when two cars are headed in the same direction, but one car’s side hits the side of another. Often this occurs when one car leaves its current lane of travel for one reason or another, and the reasons can be numerous behind these kinds of sudden lane changes. In some cases, there may have been a distraction that contributed to a merging accident.

In others, drivers may have been under the influence or operating during a road rage incident. Drivers who are racing or drift into other lanes may also cause sideswipe accidents. Even a Florida rain could cause one driver to sideswipe another.

No matter what the reason behind the lane change, the damages can be devastating. Sideswipe accidents don’t just damage a vehicle. They can also cause severe head injuries, damage to the neck and shoulder, or even spinal injuries. This kind of accident often means the other vehicle is forced into others’ paths or even off-road obstacles like trees, guardrails, and utility poles.

Whose Fault Was It?

Every driver has a “duty of care” to avoid accidents as much as possible. That means that they should stay in their lane of travel and avoid leaving unless it’s safe to do so. If a car leaves that lane of travel before it’s safe to do so, they’re usually going to be the ones at fault, but it’s not always easy to understand which car left the lane first and who is at fault. The police will often look at the type of damage and where the vehicles are located to understand things better. They will also listen to the accounts of drivers and witnesses to help figure out what happened.

The Rule of Comparative Negligence

No matter what type of car accident you’re involved with, comparative negligence is the rule of law in Florida. That means that both drivers can be negligent in an accident. Even if the other driver is ruled as little as 1% at fault for a sideswipe crash, you can still recover damages, and there are many reasons a driver might be ruled at fault for a collision.

The amount of blame drivers share is usually determined after the police are called to the scene and complete an accident report. Any time a driver is distracted or fails to check his or her blind spot, he or she will be ruled at fault. You must check your mirrors, check your blind spots, and signal your turn. If the other driver did not do so, they could be at fault for the accident.

It’s possible they failed to do one of those things, but other options are possible too. The other driver could have been speeding. Maybe they were driving too fast for the given road conditions, and hydroplaning occurred. Perhaps they were distracted. It’s even possible the other driver was angry and intentionally cut you off. Intoxication can also cause side-swipe accidents.

Even if one driver was primarily at fault, the driver who didn’t change lanes could be partially at fault as well. For example, if the other driver sped up as a lane change was taking place, was texting or talking, or refused to let the other car enter, the court could determine both drivers were at fault in the accident.

If you’ve been in a sideswipe accident where another driver is found to be negligent, you may need to file a personal injury claim because of the severe consequences these accidents may have.

When a Sideswipe Accident Occurs

First, make sure the police file an accident report. Take pictures of as much as you can at the accident scene, and check for witnesses. Be sure to see a doctor regarding your injuries, and have photos taken of any injuries. Even if you’re not sure you’ve experienced an injury, it’s best to touch base with your doctor. Often injuries can present themselves days later. Be sure to keep copies of everything from medical bills and records to documentation of the lost work you suffered due to the accident.

If the accident was not your fault, you could be eligible to recover compensation for any damages you suffered. You could recover the cost of all of your medical bills, including those you incur in the future, as well as your lost wages and any damage to your vehicle. You may also be eligible for a settlement covering the hidden damages of an accident like this, including pain and suffering and loss of enjoyment in your life.

If you’ve been hurt in a sideswipe accident in Florida, reach out and contact us today. We can help you determine the value of your claim and move forward with your life.