Who Is At Fault For A Sideswipe Accident?

A sideswipe occurs when two cars are traveling in the same direction and the side of one vehicle collides with the side of the other vehicle. An unsafe lane change is a common cause for most sideswipe accidents.

Typically, these accidents occur when one car negligently veers outside of the lane it is traveling in and swipes the side of the other car.

Generally, the car that performs the unsafe lane change is the vehicle that is at fault for causing the sideswipe accident. If you have been involved in a sideswipe accident, you may be entitled to compensation for damages. Contact Koenig Pierre a New York car accident lawyer to pursue a claim.

Determining Fault In A Sideswipe Accident

While the general rule is easy to comprehend, the car that travels outside of the lane and makes an unsafe lane change is the one at fault for causing the sideswipe accident, however, figuring out which car left its lane of travel and caused the accident may not be clear-cut.

The kind of damage, the location of the damage and where the cars come to rest can provide meaningful insights into who is the at-fault party.

However, figuring out which car performed an unsafe lane change will be based on the statements of the drivers and the accounts of witnesses.

A problem occurs when drivers and witnesses can have conflicting accounts of what transpired. This is one of the reasons why determining fault in a sideswipe accident can be complicated.

The factors essential to help determine who is at fault for a sideswipe car accident include the following:

Driver Error

A principal cause of a sideswipe accident. Reckless or negligent drivers often attempt to enter the adjacent lane without taking precautions, leading to a sideswipe accident.

Reckless Driving

 A driver is reckless when they travel under the following circumstances:

• Driving while fatigued or under the influence of drugs/alcohol.
• Changing lanes without signaling or failing to check the blind spots.
• Engaging in distracted driving, which may include texting, talking on the phone while failing to use a hands-free device, changing the radio station, eating, etc.
• Aggressive driving. Attempting a lane change unwisely.

If the other driver was driving recklessly when they struck your vehicle and you have evidence — such as dashcam video, police accident report, or eyewitness testimony — you have a great chance of proving your case and you stand to received fair compensation for property damage and injuries which resulted from the sideswipe accident.

Who Is At Fault When Merging in New York?

Who is at fault for a car wreck when merging onto a highway? In a merging accident, the car that is attempting to merge onto the highway owes a legal duty to vehicles traveling on the highway. 

The driver of the car merging onto the highway while traveling adjacent to the passenger side of another vehicle, already on the highway, breaches the duty when attempting to merge while failing to signal, check the blind spot or exercise caution while merging. Call Koenig Pierre, a New York car accident lawyer to understand your rights after and accident caused by a negligent driver merging into your lane.  

Under New York law  there are detailed standards used to determine liability after a merging accident.  

Liability is determined by assessing the circumstances surrounding the accident and also by determing if either of the involved drivers flouted road safety rules at the time when the accident occurred.

When a driver attempts to enter a lane, it is their responsibility to enter in a reasonably prudent manner.

If the entry is such that the merging car collides with another vehicle, it is the merging driver who is typically considered to be at fault for the accident. However, there may be situations when the other driver may be partly or equally responsible.

For instance, if the car that was already on the highway was speeding or distracted, it could be their fault for not reacting in the appropriate manner to avoid the merging vehicle. In rare cases, if there was an issue with the way the lane merging area was maintained or a problem with visibility, the government entity charged with maintaining that stretch of roadway may also be liable for causing the merging accident.

Determining fault in middle lane merges is often far more complicated because it can be difficult to decide how much of the fault was shared by both the merging drivers.

New York Law on Sideswipe Accidents

New York Vehicle & Traffic Law makes it illegal to change lanes in an unsafe manner.

New York law provides, “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

If another driver fails to check their mirrors and blind spots for another car before changing lanes, they’re at fault for any accident which may result.

A sideswipe accident may cause considerable property damage and result in serious injury or death  when a vehicle is forced into an adjoining lane and crashes into another vehicle in that lane, or into a road marker, embankment, or guardrail.

You deserve compensation for sideswipe accidents which result from another driver’s negligence.

Contact the Koenig Pierre, a New York car accident lawyer, for a free consultation today, call 1-800-946-4616 today!

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