A commonly cited form of accident in California is a sideswipe accident, in which one vehicle scrapes along the side of another vehicle. If you or a loved one was recently involved in this type of collision, you probably have many legal questions concerning liability for the incident and recovering your losses.
Determining liability for your recent accident is the first step toward recovering compensation for your damages. For example, when a sideswipe accident happens, the driver who failed to maintain a single lane of traffic is at fault for the incident. While this may sound straightforward, many people who experience this type of accident have trouble proving fault for their damages. An experienced personal injury lawyer is the best resource to consult in this situation, and you should have some idea of what to expect from your case as it unfolds.
How Do Sideswipe Accidents Happen?
Sideswipe accidents can occur anywhere with multiple lanes of traffic or lanes of traffic next to cars parked on the side of the road. Therefore, it’s possible for a driver to sideswipe another vehicle driving in the lane next to them or a parked car next to their traffic lane. It’s also possible for sideswipe accidents to involve vehicles traveling in opposite lanes of traffic, but these incidents tend to result in severe damages to both parties due to the opposing momentums of the two vehicles.
Discerning the exact cause of a sideswipe accident is essential for holding the at-fault party accountable for the damages they cause. Some of the most commonly cited causes of sideswipe accidents in California include:
- Distracted driving. If a driver isn’t paying attention while operating their vehicle, they may drift into another lane, potentially sideswiping another vehicle. Distracted driving is the leading cause of all traffic accidents in the US.
- Driving under the influence (DUI) of drugs or alcohol. Impaired driving is dangerous and illegal. An impaired driver will experience diminished motor function and would be likely to sideswipe other vehicles, both those parked alongside the road and vehicles moving in adjacent lanes.
- Aggressive driving. Drivers who engage in deliberately reckless maneuvers put themselves and others at risk. For example, if a driver attempts to aggressively cut another driver off, they may cause the other driver to swerve and sideswipe another vehicle.
- Vehicle malfunctions. If a driver notices any mechanical issues with their vehicle, they have a legal duty to have the problem fixed as soon as possible. For example, a flat tire, damaging steering mechanism, or other mechanical issues may cause a driver to lose control of their vehicle and sideswipe another vehicle.
Determining fault for a sideswipe accident is typically straightforward. If a driver causes this type of accident due to their failure to maintain a single lane, they are responsible for the resulting damages. However, some drivers may attempt to flee the scene of a sideswipe accident, especially when they hit parked vehicles. When this occurs, the owner of the struck vehicle should report the incident as soon as possible to the police and consult an attorney. Law enforcement and the driver’s legal counsel can help them identify and locate the driver responsible for the hit-and-run.