Who Is at Fault in a Side Swipe Car Accident in NY?

A sideswipe car accident might not seem as serious as a rear-end or head-on collision, but it can certainly cause significant injuries. It is very important for anyone involved in a sideswipe collision to understand how fault works in the state, as well as if they have the right to file a personal injury claim.

A personal injury law firm, like the Law Office of Carl Maltese, can help those who have severe injuries or those who are seeking pain and suffering damages following a sideswipe accident. Contact the legal team for a free consultation. They can also consult on who is at fault in a head-on car accident in NY.

What Is a Side Swipe Accident?

A side swipe accident happens when the side of one vehicle hits the side of another. These can happen either when cars are going the same direction or the opposite direction.

Many side swipe accidents result in property damage only, but they can also lead to serious injuries. This is especially the case if one of the cars gets pushed into oncoming traffic.

Working with an auto accident attorney can help victims get the help they deserve.

New York is a No-Fault State

New York is a no-fault insurance state. This means that every driver first uses their own insurance for compensation. This includes covering basic economic losses, lost wages, and medical expenses.

However, it does not cover pain and suffering, nor does it cover non-economic damages. For those who have serious injuries, there is another option. New York has a "serious injury threshold," which means those with serious injuries, such as spinal cord injuries, can file a personal injury lawsuit against the driver who was at fault.

Common Causes of Side Swipe Accidents in New York

Determining fault in a side swipe crash often starts with looking at how the accident occurred. It can be difficult to prove fault, but here are some of the common causes:

Unsafe Lane Changes

One of the main causes of a side swipe accident is making improper or unsafe lane changes.

Distracted Driving

If a driver is distracted by texting, using their phone, adjusting the radio, or otherwise not paying attention to blind spots, they may drift into another lane.

Road Rage or Aggressive Driving

A sideswipe car accident caused by road rage or aggressive driving is also common.

Driving Under the Influence

Drunk driving often leads to poor lane control, the driver's ability to stay at the speed limit, and slower reaction times. A drunk driving accident can come with criminal charges, too.

Merging Without Yielding

When entering a highway or traffic circle, failure to yield or merge properly can result in a sideswipe accident. Car door scrapes are very common in these cases.

Who Is at Fault in a Side Swipe Car Accident in NY?

The answer of who is at fault in a car accident depends on facts and circumstances. In a sideswipe accident, generally it is the driver who left their lane or made an illegal maneuver.

Presumption of Fault

When two vehicles are involved in a side swipe accident, the driver who did not stay in their lane is usually the one at fault. New York law requires drivers to stay within marked lanes, unless it is safe to merge. This includes if a driver attempts to go into a bike lane, which can cause a bicycle accident or pedestrian accident, too.

Shared Fault: Comparative Negligence

New York has a pure comparative negligence rule in place, which allows for more than one person to be at fault in an accident. An insurance adjuster assigns fault, and then when it comes to recover compensation, the award is reduced by the amount of fault the victim has.

For instance, two drivers were both changing lanes at the same time. When establishing fault, it was determined that one driver was 60% at fault, and the other was 40% at fault. The driver who is 40% at fault can still recover compensation, but the damages would be reduced by 40%.

When compared with other types of accidents, like a rear end accident, there are often disputes about fault with sideswipe crashes. A legal professional can help clients settle disputes by presenting evidence.

How Is Fault Determined in a Side Swipe Accident?

Determining fault in broadside collisions isn't as easy as, for instance, determining fault in a rear end collision. Taking a look at the accident scene and collecting physical evidence is often necessary.

A police officer, or several officers, will document the damage, take statements, and if the at fault driver has violated traffic laws, they will get a citation. A police report makes it easy to determine liability, but that's not always the case.

Eyewitness statements are also important, and a witness can offer a neutral account of what happened.

Video documentation is also important. Dash cam or traffic light cameras can show if a driver fails to stay in their lane, or if another reason caused them to hit the other car or other vehicles.

A legal professional can help investigate the accident, get more evidence, and build a strong case to support the claims of their clients.

What If the Other Driver Denies Fault?

It's not uncommon for a driver to deny responsibility in a sideswipe accident. This is why it's so important to have evidence like traffic cameras or other video evidence. Eyewitness accounts can also help here. It's best to have as much evidence as possible. If there is not clear proof of fault, the insurance companies may try to assign 50/50 fault, which means a victim can't sue the other driver.

An experienced attorney can help challenge unfair fault determinations and help their clients through the legal process. They can also provide insight on who is at fault in a low speed car accident in NY.

Injuries Commonly Caused by Side Swipe Accidents

While some side swipe accidents only result in property damage, others can lead to serious injuries, including:

• Whiplash and neck strain

• Shoulder and back injuries

• Broken bones

• Concussions or traumatic brain injuries

• Internal injuries

• Spinal cord damage if the vehicle is forced off-road

• Psychological trauma, especially in high-speed collisions

People in accidents should seek medical attention immediately, even if you feel fine at first—some injuries take hours or days to show symptoms.

Why Hire a Long Island Personal Injury Lawyer?

Side swipe accident claims can be more complicated than they seem—especially when fault is unclear or injuries are severe. A knowledgeable Long Island personal injury attorney from the Law Office of Carl Maltese can help clients ensure that they are not taken advantage of during the claims process.