Being involved in a sideswipe accident can be stressful and confusing. A sideswipe occurs when one vehicle strikes the side of another, usually while both are moving in the same direction. These accidents can happen when a driver drifts into another lane, makes a sudden lane change, or fails to check their blind spot. They can also occur in opposite directions, though this is less common. Sideswipe collisions can cause vehicles to spin, hit barriers, or crash into other cars. Understanding what to do immediately and how to handle the aftermath is key to protecting yourself, your passengers, and your legal rights.
Immediate Actions After a Sideswipe Accident
The first priority after a sideswipe accident is safety. Check yourself, your passengers, and anyone in the other vehicle for injuries. Adrenaline can mask pain or serious injuries, so take your time and evaluate everyone carefully. If possible, move your car to the side of the road to avoid further collisions. Turn on hazard lights, place reflective triangles, and use a safety vest if you have one.
Next, call 911. Request both police and medical assistance if anyone is hurt. Never leave the scene before police arrive, as leaving can impact your ability to file a claim or receive compensation.
Document the scene as thoroughly as possible. Take photos or videos of both vehicles, the surrounding area, weather, and road conditions. Record contact information for witnesses and the other driver, and make notes about what happened. These details will be valuable when filing an insurance claim or pursuing compensation through a personal injury claim.
Gathering Evidence of Negligence
To recover damages from a sideswipe accident, you must show the other driver was negligent. Common causes include speeding, distracted driving, reckless or aggressive driving, driving under the influence, unsafe lane changes, and failure to check blind spots.
To prove negligence, your case needs four elements: the driver owed a duty of care, they breached that duty, the breach caused the accident, and the accident resulted in damages. Evidence that supports these elements includes police reports, photos and videos, witness statements, medical records, and vehicle inspection reports. Expert testimony from accident reconstruction specialists can also help.
Additionally, keep records of financial losses such as medical bills, lost income, and repair estimates. This documentation ensures you can recover both economic and non-economic damages, including pain and suffering.
Common Injuries in Sideswipe Accidents
Even a seemingly minor sideswipe can cause serious injuries. Whiplash, concussions, and other head or neck injuries are common. Soft tissue injuries like sprains, strains, and lacerations from broken glass are also frequent. High-impact collisions can result in broken bones, shoulder or hip injuries, and spinal injuries. Airbags, while lifesaving, can sometimes cause burns or bruising. Psychological effects like PTSD, anxiety, and insomnia are also reported by accident victims. Seeking medical attention right away is important to prevent complications and establish a clear record of your injuries for a claim.
Insurance and Fault in New Jersey
New Jersey operates a no-fault insurance system, which covers medical expenses and some economic losses regardless of who caused the accident. Drivers can choose policies with limited or unlimited rights to sue for additional damages, including pain and suffering.
New Jersey also follows comparative negligence rules. This means your recovery can be reduced if you are partially at fault. Insurance companies will assign a percentage of fault to each driver based on police reports, witness statements, and vehicle damage. For example, if you are assigned 20% of the fault in a $15,000 accident, your recovery would be $12,000.
Steps to Take Legal Action
Hiring a car accident lawyer can help ensure your claim is handled correctly. In New Jersey, the statute of limitations for personal injury claims is two years. If your case involves a public entity, such as a city or school department, the notice period can be as short as 90 days. Filing a claim on time preserves your ability to recover compensation.
A lawyer can handle the details while you focus on recovery. They will investigate the accident, gather evidence, and file insurance claims or lawsuits as needed. Legal representation is especially important when the insurance company disputes fault or delays payments.
Damages You Can Recover
Victims of sideswipe accidents can recover economic and non-economic damages. Economic damages include medical bills, rehabilitation and therapy costs, lost wages, and car repairs or replacement. Non-economic damages include pain and suffering, emotional distress, and lasting disability. If a loved one dies in the accident, wrongful death damages may also be available. Collecting receipts, invoices, estimates, and medical records helps document the value of these damages for your claim.
Repairing or Replacing Your Vehicle
The cost to repair a car after a sideswipe can vary depending on the damage. Common repairs include door replacement, frame repairs, window replacement, tire replacement, side airbags, and matching paint. If the car is totaled, the at-fault driver may be responsible for the full replacement cost. Documenting these costs with estimates and repair bills strengthens your claim.
Why Hiring a Lawyer Matters
A skilled car accident lawyer can make a big difference in your case. They manage communication with insurance companies, handle negotiations, and ensure all evidence is collected properly. Lawyers also protect your rights by filing claims on time, representing you in court if necessary, and helping you recover a fair settlement. They can explain your options, update you as your case progresses, and reduce the stress of dealing with insurance companies alone.
Get Help With Chamlin, Uliano & Walsh
If your car was sideswiped, do not wait to take action. A car accident lawyer can help you recover the compensation you deserve for injuries, lost wages, and vehicle damage. Contact Chamlin, Uliano & Walsh at (732) 229-3200 for a free consultation to discuss your case and learn your options. Acting quickly protects your rights and ensures you have an experienced advocate on your side.