When you get sideswiped in a car accident, the aftermath can be overwhelming. You may endure physical or emotional injuries and financial distress. You may also struggle to pay your bills if your injury prevents you from working.
You may be entitled to compensation after being injured in a car accident caused by a negligent road user. Even so, you must demonstrate the negligent actions of the at-fault driver that caused the accident. You may also face resistance from the at-fault party’s insurer, who may reject your claim or make a low offer that doesn’t match your losses.
From dealing with insurance companies to understanding your legal rights, you should work closely with a legal professional. A car accident lawyer can help you understand your rights, assess the value of your claim, and ensure you receive fair compensation for your losses. With their knowledge of personal injury law, they can handle the legal aspects while you focus on your recovery.
What to Do if Someone Sideswipes Your Car and Leaves
After a sideswipe accident, your actions can enhance your wellness and protect your legal rights.
Here’s what you can do after a sideswipe accident:
Seek Immediate Medical Attention
You should seek immediate medical attention after sustaining an injury in a sideswipe accident.
Here’s why you should prioritize your health after a sideswipe accident:
- Hidden Injuries: Even minor sideswipe accidents can result in hidden injuries like whiplash or internal bleeding. These injuries may not show immediate symptoms but can worsen if left untreated. A medical professional can discover hidden injuries and initiate a treatment plan.
- Legal Documentation: Prompt medical attention creates a documented record of your injuries. A car accident lawyer can rely on the documentation of your injury and treatment to strengthen your personal injury claim and prove the extent of your losses.
- Protect Your Legal Rights: Your health is the top priority after an accident. Delaying medical treatment can lead to complications and prolonged recovery times. An insurer can question the severity of your injury if you delay seeking medical attention.
By prioritizing your health and seeking immediate medical attention after a sideswipe accident, you are taking steps to protect yourself and your future.
File a Police Accident Report
In many states, drivers involved in a sideswipe accident must file a police accident report. For example, a driver in Florida must file a police crash report if a crash results in:
- Injury
- Death
- Property damage over $500
Notifying the police after a sideswipe accident is helpful for various reasons. First, having an official police report can act as evidence in the claims process with insurance companies. A car accident lawyer can use a police accident report to establish liability and ensure you receive fair compensation for any damages or injuries incurred.
Additionally, involving the police allows for a thorough investigation of the accident. A law enforcement officer can interview witnesses, gather evidence, and create an official record of the incident. The report’s findings can solve disputes or conflicting accounts of what transpired during the sideswipe accident. The police report can serve as an objective account of the events, helping to protect your rights and interests in any subsequent legal proceedings.
Inform Your Insurer About the Crash
You should also inform your insurer if another car sideswipes you. Even if the other party agrees to pay the injury-related losses, notifying your insurer about the crash can protect your legal rights. Your insurer can pay for the losses if the at-fault party has no insurance or a low coverage limit. Your underinsurance/uninsured coverage can cover the losses after a sideswipe accident.
Consult With a Car Accident Attorney
You should also speak with a legal professional after being injured in a sideswipe accident. A skilled car accident attorney will review the specifics of your accident, including the circumstances leading up to the collision and the extent of your injuries. They can determine if you have a viable claim and guide your steps towards compensation.
Although you may be entitled to compensation after a sideswipe accident, the burden of proof lies with the injured victim. An experienced car accident attorney can assist you in collecting pertinent evidence, such as witness statements, police reports, and medical records.
They will work to gather various sources of evidence to support your claim and strengthen your position in negotiations with insurance companies. You also require legal support while negotiating with insurance providers. A knowledgeable car accident attorney can handle communications with insurance adjusters on your behalf, advocating for your rights and fighting for the compensation you deserve.
They will work tirelessly to secure a fair settlement that covers the economic and non-economic damages associated with your accident.
Sideswipe Accident Settlement
You can initiate a personal injury claim or lawsuit to obtain compensation for your losses.
Some of the damages you can claim in a sideswipe accident include:
Medical Expenses
One of the primary forms of damages in a sideswipe accident settlement is medical expenses. These damages include all costs related to your medical treatment, such as hospital bills, medication, physician’s bills, and any future medical care that may be necessary.
A car accident attorney can use medical records, including a diagnostic report, to prove the extent of your injury and the corresponding loss.
Lost Income
You may be entitled to compensation for lost income if you cannot work due to injuries sustained in a sideswipe accident. These damages include your lost income and any future earnings you may miss due to your injuries.
Lost income covers salaries, commissions, tips, bonuses, overtime, vacation, and other benefits you may have accrued while working.
A car accident lawyer can prove lost income using the following:
- Pay stubs
- Tax returns
- Bank statements
- Profit and loss statements
- Invoices
- A letter from your employer
Out-of-Pocket Expenses
You can pursue compensation for any out-of-pocket expenses incurred due to the accident. These damages can include costs for transportation to medical appointments, home and vehicle modifications, over-the-counter medications, or other accident-related expenses.
Pain and Suffering
Sideswipe accidents can often result in physical pain and emotional suffering. Compensation for pain and suffering allows the victim to cope with the physical discomfort and emotional distress they have experienced due to the accident.
For instance, you can pursue compensation for pain and suffering if an injury has triggered chronic pain for weeks, months, or years after the injury.
Emotional Distress
Experiencing a sideswipe accident can be emotionally distressing. The emotional toll of such an incident can leave lasting scars that may require compensation. Emotional distress after a sideswipe accident can manifest in various ways, such as anxiety, fear, post-traumatic stress disorder, or even depression.
After being sideswiped, you may be overwhelmed, stressed, and anxious whenever you get behind the wheel again. The fear and uncertainty of what could happen next can be paralyzing, impacting your ability to drive safely and confidently.
An experienced car accident lawyer can assist you in gathering evidence, documenting your emotional struggles, and fighting for the compensation you deserve for the emotional toll of the accident.
Loss of Companionship
Loss of companionship is a significant emotional consequence that can arise after a sideswipe accident. Imagine losing the ability to enjoy simple moments with your partner, such as taking a walk in the park or sharing a meal.
Compensation for loss of companionship seeks to acknowledge and provide support for the emotional toll that such accidents can take on relationships. In cases where a family member is severely injured or tragically killed due to someone else’s negligence in a sideswipe accident, loss of companionship damages can ease the financial burden and provide a sense of justice.
Reduced Quality of Life
Suffering injuries in a sideswipe accident can significantly impact your quality of life. Compensation for reduced quality of life aims to address the limitations and challenges you may face in carrying out daily activities or enjoying life as you did before the accident.
For example, a spinal cord injury can prevent you from participating in nature walks, your favorite hobby.
Permanent Disability/Disfigurement
In cases where the injuries sustained in a sideswipe accident result in permanent disability or disfigurement, you may be entitled to compensation for the lasting effects on your physical well-being and appearance.
For example, permanent disability damages can compensate you for losing future earning capacity if an injury prevents you from resuming your work.
Punitive Damages
A judge or jury may award you punitive damages after filing a personal injury lawsuit. As the name suggests, these damages punish the defendant for their recklessness or gross negligence that led to the accident. Punitive damages can also deter the defendant and others from engaging in similar misconduct, contributing to the sideswipe accident.
Who’s at Fault in a Sideswipe Accident
You must establish liability to support your compensation claim. Several parties could be held responsible for the collision.
Here are the parties who may be at fault in a sideswipe accident:
- Negligent Drivers: The most common cause of sideswipe accidents is driver negligence. A driver may be liable for the collision due to distracted driving, aggressive maneuvers, or failure to check blind spots before changing lanes. If a driver’s actions directly lead to a sideswipe collision, they could pay for your injury-related losses.
- Road Maintenance Authorities: Poor road conditions can also contribute to sideswipe accidents. If the road markings are faded or unclear, obstacles hinder visibility, or the road surface is uneven, the entity responsible for road maintenance could be at fault for the accident.
- Vehicle Malfunctions: Mechanical failures such as a sudden loss of steering control, brake failure, or tire blowouts can result in a sideswipe accident. In such cases, the manufacturer or maintenance provider of the faulty vehicle components could be held accountable for the collision.
Determining fault in a sideswipe accident requires a thorough investigation to gather evidence and establish liability. A car accident attorney can evaluate the circumstances of the crash, gather evidence, and initiate a compensation claim against the negligent party.
Side Swipe Car Accident Injuries
When involved in a sideswipe car accident, various types of injuries can occur, leading to physical, emotional, and financial challenges.
Here are ten common injuries that can result from a sideswipe collision:
- Whiplash: Neck injuries are prevalent due to the sudden impact and forceful movement of the head.
- Concussion: Head injuries from hitting the window or dashboard can cause concussions and brain trauma.
- Broken Bones: The impact can result in fractures to the arms, legs, ribs, or other bones.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons can lead to pain and limited mobility.
- Spinal Cord Injuries: Severe sideswipe crashes can cause damage to the spinal cord, resulting in long-term disabilities.
- Traumatic Brain Injuries (TBI): Head trauma from sideswipe crashes can lead to cognitive and neurological impairments.
- Internal Injuries: Damage to internal organs such as the liver, spleen, or kidneys can be life-threatening.
- Psychological Trauma: Emotional distress, anxiety, and post-traumatic stress disorder (PTSD) are common psychological injuries after sideswipe accidents.
- Cuts and Bruises: Superficial injuries like cuts and bruises are frequent due to broken glass or impact with objects in the vehicle.
- Airbag Injuries: The deployment of airbags can cause burns, abrasions, or contusions on the face, chest, or arms.
A car accident lawyer can help you gather and compile medical records and initiate a compensation claim against the at-fault party.
Protect Your Rights After a Sideswipe Accident
Sideswipe accidents can result in serious consequences, including severe injuries, fatalities, and financial burdens. In many cases, victims may experience whiplash, broken bones, or even more severe injuries. These accidents can also lead to emotional distress, lost earnings, and costly medical bills.
You should seek legal guidance to understand your rights and options.
A car accident attorney can help you understand the legal process after a sideswipe accident. They can assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
A car accident lawyer will work tirelessly so you receive the compensation you deserve for your injuries and losses. Don’t hesitate to contact a lawyer for the support and advocacy you need after a sideswipe accident.
