Introduction
Despite being one of the most common types of vehicle accidents, sideswipe collisions are one of the most misunderstood collisions. Such accidents can result in severe injuries that can pose complex legal challenges. Those who represent victims of sideswipe accidents should know how to deal with the intricacies of these types of accidents. This article analyses sideswipe collisions in detail – their causes, the legal framework that surrounds them, and the role of medical records reviews in forming the legal cases.
What is a Sideswipe Collision?
Definition of Sideswipe Collision
A sideswipe collision is one that occurs when two vehicles, either going in the same direction or different ones, strike each other on their sides. When a car changes its lane and drifts into another lane, this type of accident can occur. Additionally, if two cars attempt to change lanes at the same time, a sideswipe collision is possible.
Statistics on Sideswipe Collisions
- According to the National Highway Traffic Safety Administration (NHTSA), a quarter of all multi vehicle collisions in the United States are caused by sideswipe collisions, making it one of the most common types of road accidents.
- In 2023, sideswipe collisions resulted in more than 1.5 million accidents and led to thousands of injuries and fatalities.
Common Causes of Sideswipe Collisions
Use of Mobile Devices While Driving
Overview: Mobile devices are one of the major causes of sideswipe collisions. Use of mobile phones such as texting, and making calls can lead to drifting into other lanes.
Legal Implications: Proof of distraction can be used to make a strong case for negligence.
Working unto Lane Changes
Overview: Attempts to try and simultaneously work and change lanes can prove costly by means of sideswipe collisions, given that other drivers have no advanced knowledge of the issued plan.
Legal Implications: Failure to use indicators can be reasoned as negligence by the lawyers who make the driver responsible for damages incurred.
Alcohol/Drug Induced Driving
Overview: Correctly driving under the influence of drugs or alcohol has been proven to lead to low judgment and reaction times thus increasing the risk of sideswipe collisions.
Legal Implications: Showing proof of the accident occurring while under the influence allows for harsher charges and higher compensation for the victims.
Extremely Bad Weather
Overview: Heavy rains, snow, and fog result in poor visibility and lack of sufficient road grip which leads to the increased likelihood of a driver’s failure to maintain their lane.
Legal Implications: Consideration of the state of the weather is critical when seeking out liability and negligence in the case of sideswipe incidents.
Vehicle Blind Spots
Overview: Negligent drivers might end up committing sideswipe accidents due to the massive blind spots created by larger vehicles such as SUVs and trucks.
Legal Implications: Proving negligence can be easier by showing that a certain driver failed to look at their blind spot before changing lanes.
Legal Implications of Sideswipe Collisions
Liability in Sideswipe Accidents
Determining liability in sideswipe collisions can be complex. Factors to consider include:
- Negligence: The party that shows the greatest disregard to the rules of the road may be legally liable to pay compensation.
- Comparative Fault: By accepting that different parties may be liable for the accident, they will end up paying less compensation than they would otherwise have to.
- Insurance Coverage: Claims or liability can be avoided by turning to insurance companies, but first, it is vital to know what the policies covered.
Common Injuries from Sideswipe Collisions
Sideswipe collisions can result in various injuries, including:
• Whiplash: The most common injury sustained in sideswipe and rear-end accidents, a whiplash is characterized by pain and stiffness of the neck.
• Concussions: Long-term memory loss may result from injuries sustained during a sideswipe collision.
• Fractures: Sideswipes often result in broken arms, legs and ribs.
• Soft Tissue Injuries: Strains and sprains are other common injuries resulting from the abrupt jerking motion during the impact.
The Role of Medical Records Review in Sideswipe Collision Cases
Importance of Medical Records
In sideswipe collision accidents, medical records are pertinent because they capture the nature of injuries, treatment administered, and the likelihood of recovery. These records are used to quantify damages and the negative implications of the claim on the victim’s life.
How Medical Records Review Services Assist Attorneys
- Detailed Analysis: Medical records review services can meticulously analyze a client’s medical history, identifying relevant injuries and treatments that support the case.
- Expert Testimony: Medical professionals can offer expert opinions on the injuries sustained and their long-term implications, which can be pivotal in court.
- Case Preparation: By organizing and summarizing medical records, these services help attorneys prepare compelling arguments and present clear evidence to support their claims.
Case Studies
Case Study 1: Distracted Driving Sideswipe Collision
Overview: A 35-year-old driver was sideswiped by the other motorist who was on their phone and switching lanes.
Challenges: The defendant claimed the victim was speeding and therefore, was not distracted.
Solutions: The victim had been diagnosed with a concussion and whiplash from the medic report. Witnesses stated that the driver at fault was on the phone while the accident happened.
Case Study 2: Impaired Driving Incident
Overview: There was a really injured 40 year old person who rode a bicycle and got sideswiped by a car who had a drunk driver.
Challenges: The argument that the bicycle driver was riding swecklessly was put forward by the driver.
Solutions: Severe injuries sustained and long healing period were diagnosed in medical records. The police reports stated in detail that the driver was indeed drunk when the incident took place.
Conclusion
Once again, lawyers that need to represent a victim of these types of collisions should always pay attention to an elaborate configuration of a sideswipe impact. With the right historical and medical data, attorneys come up with more advanced solutions and means of protecting the rights of their customers. Because of the nature of the issue related to a side impact collision, the lawyers should undertake multidisciplinary work, and the medical records review services are essential to ensure that all details are covered in the litigation process.