Rochester Sideswipe Accident Attorneys

Representation for Sideswipe Car Accidents

Sideswipe accidents can be confusing to unravel who is at fault. Unlike rear-end collisions where fault is often straightforward, sideswipe accidents involve multiple factors to be weighed to determine how the crash happened and who was to blame.

Our car accident lawyers at Horn Wright, LLP, have handled thousands of personal injury cases and are ready to work together with you to get the justice and compensation you deserve.

How Do Rochester Sideswipe Accidents Happen?

Sideswipe accidents are produced by vehicles traveling in either the same direction, or opposite direction, and make side-to-side contact. Sideswipe crashes can happen when drivers are making lane changes, merging, or driving in congested areas where conditions are compact. Some roads in Rochester are hotspots for accidents, and sideswipe accidents are far more common there. Most reasons for sideswipe accidents fall into a few main categories:

• Improper Lane Changes: Drivers who switch in and out of lanes without using a turn signal or checking their blind spots often cause sideswipe accidents.
• Merging Errors: On highways like I-490, or on Rochester City streets, drivers that merge without checking to make sure the other lane is clear can cause sideswipe crashes.
• Fatigue: Drowsy drivers often lose focus as they struggle to stay awake, making it more likely they’ll mistakenly cross into nearby lanes.

How Do You Know Who is At-Fault in a Sideswipe Accident?

Determining who is at-fault in a sideswipe accident can be a tedious process. Fault can hinge on whether the potentially at-fault driver failed to remain in their lane and thereby created a dangerous situation for other motorists.

• Lane Discipline: Drivers are required to stay in their lanes while driving unless it’s safe to change lanes, and they do so properly. A negligent motorist who drives into an adjacent lane without making sure it’s clear to do so is presumed to be at-fault.
• Right-of-Way Violations: Vehicles merging must yield to other traffic already in the lane, and that has the right of way. If they fail to yield when they’re supposed to, fault for the crash can be placed on the merging driver.
• Environment Factors: Reduced visibility, slick roads, and going in and out of construction zones can complicate who is at-fault and who had the right of way in a sideswipe accident.

What’s the Best Evidence to Prove Fault in a Sideswipe Accident?

Proving who is to blame for a sideswipe accident will come down to the evidence you’re able to obtain supporting your case. Get a copy of the police report as soon as possible after the accident. Police reports are the best starting point in determining liability since officers will document things like the positioning of vehicles, areas of vehicle damage, and statements from both drivers. The findings of a police report are relied upon by insurance companies initially to form a position on whether they believe their insured is at-fault.

Witness testimony from someone who saw the car accident is one of the best pieces of evidence you can obtain. It’ll provide an unbiased perspective on the events leading to the collision. Witnesses can describe what they saw, which helps clarify what driver might have failed to stay in their lane or acted negligently. Dashcam footage is another great piece of evidence since it eliminates speculation with a clear, objective account of the crash.

Photographs of vehicle damage can also help indicate who was at fault. The type and location of scratches, dents, or other marks show points of impact, and through that the respective positioning of the vehicles. 

What are the Legal Elements in a Sideswipe Accident?

Sideswipe accidents tend to be heavily contested between both drivers when deciding who was at fault. Knowing the legal elements you have to satisfy to pursue a personal injury case in Monroe County Supreme Court will help guide you when you first start collecting evidence. To prove the other driver was negligent, four elements must be established:

• Duty: All drivers have a legal obligation to operate their vehicles responsibly and follow traffic laws.
• Breach: A driver fails to uphold this duty, such as by changing lanes recklessly or driving while distracted.
• Causation: The breach of duty directly leads to the accident.
• Damages: The accident causes measurable harm, such as injuries, medical expenses, or vehicle repairs.

Dealing with Insurance Companies After a Sideswipe Accident

Insurance companies aim to minimize payouts by disputing liability or downplaying the extent of your damages. To protect your interests, you’ll want to give the most accurate information you can when speaking with any insurance company. Misstatements or unnecessary details on things not central to the crash can be used against you, so make sure to be direct in your responses. Having as much supporting documentation is important. Getting photographs of the crash scene, damage to your vehicle, positions of the vehicles as the scene, and any visible injuries you sustained are important. 

If a dispute arises as to who was at fault, contacting an experienced car accident lawyer is the next best step you can take. An attorney at Horn Wright, LLP, will safeguard your rights, confirm that you’re meeting all necessary deadlines, and aggressively negotiate with the at-fault driver’s insurance company to get you the compensation you deserve.

How Do You Prevent Sideswipe Accidents?

While not all accidents can be avoided, taking proactive steps can significantly reduce the likelihood of a sideswipe collision.

• Stay Alert: Always pay attention to the roadway. Avoid distractions like texting on your phone, eating snacks, or using your car’s touchscreen. Staying focused on the road in front of you will keep you aware of your surroundings and help you avoid a car crash.
• Check Blind Spots: Check your mirror periodically and take the time to physically turn and check over your shoulder before changing lanes. Many vehicles these days have blind-spot detection systems that can help, but they shouldn’t replace traditional checks.
• Use Turn Signals: Signal your intentions of a turn or lane chance well in advance to put other drivers on notice. Clear communication given early on will give other drivers time to adjust and avoid surprises.
• Maintain a Safe Distance: Avoid driving parallel to other vehicles for extended periods, especially in areas with frequent lane changes. Giving other drivers space on the roadway gives both you and other drivers more room to maneuver safely.
• Follow Traffic Laws: Adhering to speed limits, avoiding aggressive driving, and respecting right-of-way rules are fundamental to preventing sideswipe collisions.

Speak With an Experienced Car Accident Lawyer at Horn Wright, LLP, Today

Sideswipe accidents might seem minor at first, but the injuries they can cause are anything but insignificant. Our team of car accident lawyers at Horn Wright, LLP, know how these collisions occur, how fault is determined, and the steps that need to be taken to protect your rights against the at-fault driver and the insurance companies that refuse to pay.

Within minutes you can speak with an experienced car accident attorney at Horn Wright, LLP, to begin working on your case. Call now.