Our Atlanta Car Accident Lawyer Discusses Causes of Sideswipe Collisions and Protecting Your Right to Compensation
A sideswipe accident occurs as two vehicles travel next to one another and a driver “swipes” the side of the other automobile. At first, determining the liable party seems simple, but circumstances quickly become more complicated if a third motorist is involved in the crash.
If you were injured in a sideswipe car accident in Atlanta, one of your first steps should be to contact Rechtman & Spevak. We’ll assess the cause of your car accident, seek out and preserve all evidence, and build a solid case to pursue the compensation you deserve for your injuries.
Leading Causes of Atlanta Sideswipe Car Accidents ![sideswipe-car-accident-in-Atlanta]()
If you were hurt in a sideswipe car accident, learning what led to it helps you know whether you have a claim against the other driver who struck your vehicle. In our experience, here are the main reasons for these collisions:
- Distracted driving. If someone is texting, talking on a cellphone, or is otherwise distracted while behind the wheel, they might veer into the nearby lane and not realize it soon enough to avoid sideswiping another car.
- Tailgating. When a motorist follows too closely behind another vehicle, the driver in the front may swerve into an adjoining lane to try to avoid a rear-end collision.
- Drunk driving. An intoxicated person has a slower reaction time, as well as impaired vision, and judgment. These factors make it more likely that they’ll suddenly swerve into a nearby lane.
- Unsafe lane changes. Many sideswipe car accidents happen on Atlanta's congested roads when a driver weaves between traffic, changes lanes without checking their blind spots, or moves into a nearby lane without signaling.
- Inclement weather. If a motorist doesn't slow down in heavy rain or fog or when roads are icy, they could lose control of their vehicle and swerve into the side of another car in a nearby lane.
In addition, a violation of Georgia's traffic laws is frequently a cause of these preventable accidents.
Why Determining Fault Is Sometimes Tricky in Sideswipe Car Accidents
To be entitled to damages from the other driver's insurance policy, you must prove their negligence caused your collision. Unfortunately, the more vehicles involved, the more challenging it is to identify liability.
For example, if the driver behind you was tailgating, you might realize that you’re about to be hit and swerve into another lane, sideswiping another vehicle. On the face of it, you may appear to have caused the collision, but in reality, the driver who rear-ended you or nearly did is to blame. Or you both could be considered partially at fault for causing the wreck.
So what happens if you’re partially to blame for your sideswipe accident? Under Georgia's comparative fault law, you may still be entitled to compensation as long as you were less than 50 percent to blame for the crash. Your claim's value would be reduced by your percentage of fault in causing the collision. For example, if you were 30 percent negligent, you would be entitled to 70 percent of your potential compensation amount.
You shouldn’t attempt to figure out the cause of your sideswipe car accident on your own. Our car accident lawyers examine all the evidence, such as the police report, photos and video taken at the scene, business or traffic surveillance video footage, and eyewitness statements, to determine why it happened. If necessary, we’ll also hire an accident reconstruction expert who studies the evidence and creates a reenactment of the crash to prove the other driver was the negligent party.
Crucial Steps to Take After an Atlanta Sideswipe Car Accident
Here are vital actions to follow to help prove the cause of the collision, the severity of your injuries, and help us detail the economic and non-economic damages necessary to your financial recovery.
Call the Police
Contact law enforcement at the crash scene. They’ll investigate the cause of the accident and the at-fault parties. Then, we’ll work with you to get a police report because it could contain information that proves the other driver's responsibility to compensate you.
Get Medical Care Promptly
Even if you don't think you were hurt, get medical care within 72 hours of the accident. You could have suffered internal organ damage, traumatic brain injury, or fractures to your spine, back, or neck. Having a thorough medical exam soon after the wreck protects your health and may help you avoid the insurance company arguing about the cause or seriousness of your injuries.
Obtain Contact Information
While you’re waiting for the police to arrive—and if you’re able—exchange contact information with any other motorists involved in the collision and their insurance carrier details.
Seek Out Witnesses
These individuals can corroborate how the other driver's negligence caused the crash. Our attorneys will interview them and have them sign a written statement before they disappear while their memories are still fresh.
Take Photos
This includes damage to all the vehicles involved in the accident, skid marks, road and weather conditions, nearby surveillance cameras, and your injuries. Your pictures and video footage help our legal team and accident reconstruction expert confirm why the collision occurred.
Follow Up on Your Medical Care
You must also adhere to your doctor's advice about your treatment plan and attend all appointments, diagnostic testing, and physical therapy sessions. You’ll heal faster and have detailed medical records that establish the severity of your injuries and how they limit your ability to work and quality of life.
Save Medical Bills and Wage Loss Documents
Keep records of all your doctor appointments, medical bills, pay stubs, and other documents establishing the lost wages and other income as a result of accident recovery. Our legal team uses these documents to calculate the damages you deserve in your settlement.
Retain an Attorney
At Rechtman & Spevak, we understand how confusing it can be after a crash, especially while you’re trying to regain your health. It’s one of the reasons why we offer our free book, The Ultimate Guide to Accident Cases in Georgia. You can download and review it before arranging a consultation with us.
Then, we’ll explain your rights, what to expect when we file your claim with the negligent driver's insurance company, and answer your questions. Once you hire us, we’ll work with law enforcement to investigate the cause of the sideswipe accident, preserve evidence before it’s lost, and negotiate your settlement with the insurance company. If those negotiations are unsuccessful, we’re fully prepared to take your case to court if necessary.
Mistakes to Avoid That Weaken Your Claim for Compensation
The last thing you want to do is give the insurance company reasons to delay settling your claim, force you to accept less money in your settlement—or deny your claim altogether. Here are the top mistakes to avoid.
Talking to an Insurance Adjuster
You’re under no obligation to do this. As we explain in this video, the adjuster doesn’t work for you. All too often, people accidentally say something that an adjuster might use against them in their case. However, if you must speak with them, limit what you say and inform them that your attorney will be in contact. We’ll take care of it from there.
Agreeing to Give a Recorded Statement
Along those same lines, you don’t have to provide a recorded statement, no matter what an adjuster might tell you. Simply politely refuse and direct all their questions to our team.
Signing a Medical Release
Unfortunately, doing so may give an insurance company permission to search all your medical records for damaging information, such as preexisting injuries, that it can use to dispute your claim.
Posting on Social Media
Another common mistake you want to avoid after a sideswipe accident is to talk about it or your injuries on social media. An adjuster could search your social media posts numerous times before your claim is settled to look for damaging information to argue that you were at fault for causing the collision or that your injuries aren’t as serious as you claim.
Accepting an Initial Settlement Offer
The insurance company may extend a quick claim settlement offer in hopes that you won't realize that it’s for far less than you could recover if you have an experienced car accident lawyer representing you. You should never sign any insurance documents or settle your case without first consulting with an attorney.
The causes of sideswipe accidents are similar to many other types of crashes. No matter what happens, trust the legal team at Rechtman & Spevak to be on your side.