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Sideswiped While Driving Your Car: How To File a Claim For Compensation

Filing a Compensation Claim After a Sideswipe Accident: What You Need to Know to Protect Your RightsFiling a Compensation Claim After a Sideswipe Accident: What You Need to Know to Protect Your Rights

Sideswipe car accidents often occur unexpectedly and can lead to serious injuries and damage. Whether the accident happens on a crowded highway or a narrow street, the consequences can be severe for those involved. If you’ve been injured in a sideswipe car accident, filing a car accident claim is essential to recover compensation for medical bills, lost wages, and other damages.

This blog will guide you through the steps you need to take to protect your rights and secure the compensation you deserve.

What is a Sideswipe Accident?

A sideswipe accident occurs when the side of one vehicle collides with the side of another vehicle. This type of accident often happens when drivers change lanes without checking their blind spots or while turning on narrow roads. While these collisions may initially seem less severe than head-on or rear-end crashes, they can still cause significant injuries and property damage.

Common Causes of Sideswipe Accidents in Virginia

  • Lane changes: When a driver changes lanes without checking mirrors or blind spots, they risk sideswiping a vehicle in the adjacent lane.
  • Merging: Sideswipe accidents frequently occur when vehicles merge onto highways or into traffic without properly yielding.
  • Distracted driving: Drivers who are distracted by their phones, navigation systems, or other distractions are more likely to drift out of their lane and sideswipe another vehicle.
  • Drunk or impaired driving: Impaired drivers have slower reaction times and impaired judgment, increasing the likelihood of a sideswipe accident.

Injuries Caused by a Sideswipe Accident

While sideswipe accidents might not always seem as catastrophic as other types of collisions, they can still lead to serious injuries, especially if the vehicles involved are traveling at high speeds. Common injuries caused by a sideswipe accident include:

1. Whiplash

The sudden impact of a sideswipe collision can cause the neck to jerk violently, resulting in whiplash. This injury often leads to pain, stiffness, and reduced range of motion in the neck and upper back.

2. Traumatic Brain Injuries (TBI)

A driver or passenger can suffer a traumatic brain injury if their head strikes the window, dashboard, or another part of the vehicle. Even a mild concussion can have lasting effects, while more severe brain injuries may lead to cognitive impairment, memory loss, or difficulty with motor functions.

3. Broken Bones

The force of the impact in a sideswipe accident can result in broken bones, particularly in the arms, ribs, and legs. Victims may require surgery or lengthy rehabilitation to recover from these injuries.

4. Internal Injuries

The blunt force trauma caused by the collision can result in internal injuries such as damage to organs or internal bleeding. These injuries may not be immediately apparent but can be life-threatening without prompt medical attention.

5. Spinal Cord Injuries

The twisting or sudden movement caused by a sideswipe can damage the spinal cord, potentially leading to partial or complete paralysis. Spinal cord injuries often require long-term treatment and rehabilitation.

Steps to Take After a Sideswipe Accident

If you’ve been involved in a sideswipe car accident, taking the right steps immediately after the accident is crucial to protecting your rights and building a strong car accident claim:

1. Seek Medical Attention

After an accident, it’s crucial to prioritize a medical check-up even if you feel fine. For instance, a hairline fracture in your leg might not cause immediate pain but could worsen with time and movement. Similarly, a dislocated joint could affect mobility later if untreated. Internal injuries like organ bruising might not be visible but can develop into serious conditions if ignored.

Seeking medical care ensures that these injuries are addressed quickly. These medical records will be crucial for building your personal injury claim.

2. Call the Police

Report the accident to the police and make sure an official accident report is filed. This report will provide important documentation of the accident and may include details about which driver was at fault.

3. Gather Evidence at the Scene

If you're able, document the auto accident by taking pictures of the vehicles involved, the road conditions, and any other relevant details. Speak with any witnesses who were present and make sure to obtain their names and contact information. Their testimony could play a significant role in strengthening your claim later.

Having thorough documentation of the incident can make all the difference in pursuing your compensation.

4. Exchange Information

Make sure to exchange contact, insurance, and vehicle information with the other driver. Avoid discussing fault at the scene, as the police report and investigations will determine liability.

5. Contact a Car Accident Lawyer

Navigating the legal process after a sideswipe car accident can be complex, especially when determining fault and dealing with insurance companies. Consulting with a car accident lawyer will help you understand your rights and options for recovering compensation.

Filing a Car Accident Claim for a Sideswipe Accident

Filing a car accident claim is a critical step in recovering compensation for your injuries, medical expenses, and other damages after a sideswipe accident. Here’s what you need to know about the process:

1. Determining Fault

In a sideswipe accident, fault is usually determined based on which driver was negligent in their actions. This could be a driver who failed to check their blind spot before changing lanes or one who merged into traffic recklessly. A car accident lawyer will work to gather evidence—such as traffic camera footage, witness statements, and police reports—to establish fault.

2. Filing a Claim with the Insurance Company

Once fault has been established, you can file a claim with the at-fault driver’s insurance company to seek compensation for medical bills, vehicle damage, lost wages, and more. It’s important to provide detailed documentation of your injuries, medical treatment, and any other expenses related to the accident.

3. Negotiating a Settlement

Insurance companies may try to minimize their payouts, offering settlements that don’t fully cover your damages. A car accident lawyer will negotiate with the insurance company on your behalf, ensuring that you receive the necessary compensation to treat your injuries.

4. Going to Court if Necessary

If the insurance company refuses to offer a fair settlement, your lawyer may recommend taking the case to court. In court, your lawyer will present your case, including evidence of fault and the extent of your damages, to fight for the compensation you’re entitled to.

Why You Need a Car Accident Lawyer

Handling a car accident claim after a sideswipe accident can be challenging, especially if the other driver denies fault or if the insurance company offers an unfair settlement. Working with an experienced car accident lawyer can provide several advantages:

1. Investigating the Accident

Your lawyer will conduct a thorough investigation of the accident, gathering evidence such as photos, witness statements, and accident reports to build a strong case.

2. Determining the Value of Your Car Accident Claim

A personal injury lawyer can help you understand the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical needs. This ensures that you seek the maximum compensation available.

3. Dealing with Insurance Companies

Insurance companies often try to reduce payouts, but a car accident lawyer will negotiate on your behalf and push for a fair settlement. If necessary, your lawyer will be prepared to take the case to trial.

Contact the Personal Injury Lawyers at MacDowell Law Group, PC for Help After a Sideswipe Accident in Virginia

If you’ve been injured in a sideswipe car accident, the experienced attorneys at MacDowell Law Group, PC can help you navigate the legal process and fight for the compensation you deserve. Our team is dedicated to protecting your rights and ensuring that you receive the maximum compensation for your injuries.

Call (703) 844-4519 or fill out our online contact form to schedule a free consultation today. Let us help you get the justice you need after a sideswipe accident.