When two vehicles moving alongside each other collide, the wreck is known as a sideswipe accident if at least one of the cars is struck along its side. Sideswipe accidents occur as a driver tries to change lanes or a vehicle drifts out of its lane into an occupied lane.
Over-steering or under-steering in a curve or making an improper turn also can cause a sideswipe accident.
A driver who is at fault for a sideswipe accident may be held financially liable for the medical bills and expenses incurred by those who sustained injuries in the crash. This includes compensation for medical bills, vehicle repair or replacement, lost income while recuperating, pain and suffering, and potentially more.
To obtain compensation, the evidence must convince the insurance company or a jury that the other driver was at fault. This often requires an independent investigation by an experienced car accident lawyer to collect persuasive evidence and develop a claim.
After a sideswipe car accident in Georgia, contact the attorneys at Sherrod & Bernard, P.C., for experienced legal guidance. Our Douglasville car accident lawyers have close to 80 years of combined legal experience. Our attorneys have a proven track record of helping our clients seek significant compensation. We are ready to help you if you’ve been injured by another driver in a sideswipe accident in Georgia.
How Do Sideswipe Accidents Occur?
Sideswipe accidents, in which the sides of two vehicles collide, may be described as either same direction or opposite direction collisions. A vehicle also may sideswipe a pedestrian, a cyclist, an animal, or an object, such as a roadside sign or guardrail. Sideswipe accidents are often referred to as lane change collisions because they often occur when one driver attempts to move out of one lane of traffic and merge into another lane. Many sideswipes occur because a vehicle accidentally leaves its lane and collides with another vehicle. This may happen because the driver has taken a curve too fast and lost control or because the driver’s lack of attention allowed the vehicle to drift out of its lane. Typical causes of sideswipe accidents include:
- Driver distraction
- Drunk or fatigued driving
- Excessive speed
- Aggressive driving
- Weaving in and out of traffic
- Failure to adequately check blind spots
- Changing lanes without using a turn signal.
Two studies by the National Highway Traffic Safety Administration (NHTSA) in 2009 and 2003 found that sideswipe accidents were most often caused by distracted driving. A driver taking his or her eyes off the road ahead for more than two seconds doubled the risk of a crash, the NHTSA said in 2009. Drivers who look away from the road are more likely to miss critical changes in traffic conditions ahead. NHTSA said drivers who “inadequately monitored their side-view mirrors, side windows, and center mirrors prior to changing lanes” were more likely to cause sideswipe accidents involving improper lane changes.
How Is Fault Determined in a Sideswipe Accident in Georgia?
After being injured in a sideswipe accident that was not your fault, you would file a claim and seek to recover compensation through the at-fault driver’s auto liability insurance.
Georgia is an at-fault state, which means drivers who are negligent can legally be compelled to pay for the losses of others who have been injured.
Insurance company adjusters review police reports and other evidence to determine fault after a car accident. They may question each driver and other witnesses to try to determine what happened. Once an adjuster has completed an investigation, the adjuster will decide who was at fault or whether the drivers share the blame and what amount of money the insurance company is willing to pay to settle the claim. The at-fault driver’s insurance company may try to assign you the fault for the accident to avoid paying your claim or to reduce the amount it must pay. Under Georgia’s modified comparative negligence law, if the evidence shows that you were partially to blame for the crash, any compensation you receive may be reduced by your percentage of fault. If you were 50 percent or more at fault, you are not eligible for compensation.
If an insurer denies your claim, you should notify them via phone and in writing that you dispute their finding. Then, you need to counter their claim with additional evidence or a counter explanation of existing evidence.
Making a case that convinces an insurance company to accept liability and pay a claim usually requires professional experience with car accident investigations. An experienced Douglasville car accident injury lawyer at Sherrod & Bernard, P.C., can conduct an independent investigation of your accident and compile evidence to demonstrate who was at fault.
As your attorneys, we would calculate the full extent of your compensable costs and losses. When fault lies with the other driver, we will press aggressively for the maximum compensation available to help you put your life back together. If the insurer refuses to do the right thing, we will be ready to file a personal injury lawsuit on your behalf and present a persuasive case in court.
Is There A Statute of Limitations for Georgia Car Accidents Claims?
Yes, there is. The statute of limitations for personal injury lawsuit claims in Georgia is two years. If your lawsuit is not filed before that two years expires, you will be forfeiting your opportunity to have your lawsuit heard in court. Within that two year time-frame, your personal injury lawyers at Sherrod & Bernard, P.C., will be extensive research on your accident claim. Two years can fly by quickly, so do not delay in contacting us to start the process for your claim.
Contact Our Georgia Sideswipe Accident Lawyers
If you have been injured in a sideswipe car crash and another driver was at fault, you should talk to an experienced car accident lawyer as soon as possible. You don’t have to wait for the insurance company to give you the run-around and then deny your claim or propose an inadequate settlement.
Let an experienced Douglasville car accident injury lawyer at Sherrod & Bernard, P.C., investigate your accident and prepare a strong case on your behalf. We have been successfully representing car accident victims and their families in Georgia for more than 30 years. We can help you support your claim for full compensation.
Contact Sherrod & Bernard, P.C., for a free initial consultation today. All work we do for you is without legal fees unless and until we recover compensation for you. Call us now.
