If you’ve been involved in a side-swipe accident, contact Tiano O’Dell, PLLC. Our Charleston, West Virginia Car Accident Attorney understands the complexities of these cases and can fight for your rights. Call (304) 720-6700 or message us online to arrange a free consultation today.
Common Causes of Side-Swipe Accidents
Side-swipe accidents occur when the side of one vehicle collides with the side of another vehicle traveling in the same direction. These accidents typically happen due to the following:
Lane Change Errors
One of the most prevalent causes of side-swipe accidents is when a driver fails to check their blind spot before changing lanes.
Distracted Driving
Distractions such as texting, talking on the phone, eating, or adjusting the radio can divert a driver’s attention from the road, leading to a failure to notice adjacent vehicles.
Driver Fatigue
Fatigued drivers are less alert and have slower reaction times, increasing the likelihood of drifting out of their lane and side-swiping another vehicle.
Impaired Driving
Driving under the influence of alcohol or drugs can impair judgment, coordination, and reaction time, making it more likely for a driver to unintentionally drift into another lane.
Speeding
Excessive speed reduces a driver’s ability to react to changing road conditions and makes it harder to maintain control of their vehicle when changing lanes.
Aggressive Driving
Tailgating, weaving in and out of traffic, and other aggressive behaviors increase the risk of side-swipe accidents.
Weather Conditions
Poor weather conditions such as rain, snow, or ice can reduce traction and visibility, making it more challenging for drivers to maintain control of their vehicles and stay within their lanes.
Road Conditions
Uneven road surfaces, potholes, or debris on the road can cause a driver to lose control of their vehicle, leading to unintentional lane departures and side-swipe collisions.
Inexperienced Drivers
Novice drivers may lack the skills and experience to safely navigate traffic and execute lane changes, especially in congested or high-speed driving situations.
Vehicle Malfunctions
Mechanical failures such as tire blowouts, brake failures, or steering system malfunctions can cause a driver to lose control of their vehicle.
Common Injuries from Side-Swipe Accidents
Side-swipe accidents can result in a range of injuries, depending on factors such as the speed of the vehicles involved, the angle of impact, and whether safety features like seat belts and airbags are used. Some common injuries from side-swipe accidents include:
Whiplash
The sudden lateral movement of the neck during a side-swipe collision can cause whiplash, resulting in neck pain, stiffness, headaches, and restricted mobility.
Soft Tissue Injuries
Muscles, tendons, and ligaments can be strained or torn due to the force of the impact, leading to soft tissue injuries such as sprains, strains, and contusions.
Bruises and Abrasions
Occupants may sustain bruises, scrapes, or cuts from contact with interior surfaces or objects within the vehicle during the collision.
Fractures
The impact of a side-swipe accident can cause bones to fracture, particularly in the arms, legs, ribs, and pelvis, especially if occupants are forcefully thrown against hard surfaces or objects.
Head Injuries
In more severe side-swipe accidents, occupants may suffer head injuries, including concussions, traumatic brain injuries (TBIs), or skull fractures, if they strike their head against the window, dashboard, or other surfaces.
Internal Injuries
The sudden lateral force of a side-swipe collision can cause internal organs to be jolted or impacted, leading to injuries such as internal bleeding, organ damage, or abdominal trauma.
Spinal Injuries
Severe side-swipe accidents can result in spinal injuries, including herniated discs, spinal cord compression, or fractures to the vertebrae, which may lead to paralysis or long-term disability.
Emotional Trauma
In addition to physical injuries, occupants may experience emotional trauma, including anxiety, post-traumatic stress disorder (PTSD), or depression, especially if the accident was severe or resulted in the loss of a loved one.
Types of Compensation Available in a Side-Swipe Accident Claim
In a Charleston side-swipe accident claim, victims may be entitled to various types of compensation to cover their losses, such as:
- Medical Expenses: This includes compensation for past, current, and future medical bills related to injuries sustained in the accident, such as hospitalization, surgery, doctor visits, medication, physical therapy, and rehabilitation.
- Lost Wages: Victims may be compensated for income lost due to their inability to work while recovering from injuries sustained in the accident. This can include wages, salary, bonuses, commissions, and other forms of income lost during the recovery period.
- Loss of Earning Capacity: If the injuries sustained in the side-swipe accident result in a long-term or permanent disability that affects the victim’s ability to earn income in the future, they may be entitled to compensation for the diminished earning capacity.
- Pain and Suffering: Victims may be compensated for physical pain, discomfort, and emotional distress caused by the side-swipe accident and resulting injuries. This compensation is non-economic and aims to provide relief for the intangible harm.
- Property Damage: Victims can recover compensation for the repair or replacement of their vehicle and any other personal property damaged in the accident, including electronic devices, clothing, and personal belongings.
- Funeral and Burial Expenses: In cases where the side-swipe accident results in a fatality, the surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, companionship, and more.
In cases where the at-fault party’s conduct was particularly egregious, reckless, or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar misconduct in the future.
How a Side-Swipe Accident Lawyer Can Help
A side-swipe accident attorney can provide invaluable assistance to your case in several ways:
Legal Knowledge
A Charleston, WV side-swipe car accident attorney specializes in this specific type of accident and understands the laws and regulations relevant to your case. They can navigate the complexities of the legal system on your behalf, ensuring that your rights are protected.
Investigation
Attorneys have the resources to conduct a thorough investigation into the circumstances surrounding your side-swipe accident. They can gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to determine liability.
Negotiation
Attorneys are skilled negotiators who can effectively communicate with insurance companies and defense attorneys on your behalf. They can work to negotiate a fair settlement that fully compensates you for your injuries and damages without the need for a lengthy court battle.
Litigation
If a fair settlement cannot be reached through negotiation, your attorney can represent you in court and advocate for your interests at trial.
Providing Support and Guidance
Dealing with the aftermath of a side-swipe accident can be overwhelming, especially if you are coping with injuries and financial hardships. An attorney can provide you with compassionate support and guidance throughout the legal process, helping to alleviate some of your stress and uncertainty.
Contact Us Today
If you or a loved one has been injured in a side-swipe accident, don’t wait to seek legal representation. Call our Charleston, West Virginia Side Swipe Accident Attorney today at (304) 720-6700, to schedule a free consultation.