Who is at fault in a sideswipe accident varies from case to case. When someone sideswipes a fixed object, determining fault is usually straightforward.
When a sideswipe accident takes place on a highway, determining fault can be more complex. Our team can determine who is responsible for your sideswipe accident based on your case’s evidence.
How Can We Determine Fault in a Sideswipe Accident?
When you file your claim with the liable insurance company, they will ask for evidence of fault. While the claims adjuster may conduct their own investigation, they will be looking for reasons to deny your claim and shift the blame onto you. When we conduct our investigation, however, we will look for evidence that backs up your side of the story.
Pieces of supporting information that can prove fault include:
The Police Report
Per OCGA §40-6-273, you are required to report a crash if it results in any injuries, fatalities, or property damage of more than $500. The police report in your case could be used to verify the following information:
- The date and location of the crash
- The makes, models, and years of the vehicles involved
- Whether anybody was given a traffic citation
- Whether anybody was arrested
- The contact information of those involved
The police report may also contain information regarding who was at fault for the crash.
Traffic Camera Footage
Many streets in Georgia are equipped with traffic cameras. Our law firm can get this footage for you, watch it, and use our findings to prove fault in your sideswipe accident.
The following individuals’ testimonies could prove invaluable to your case:
- Others in the vehicle with you
- Other road users who saw the accident happen
- Accident reconstruction specialists
- The attending law enforcement officials
Photos Of Your Vehicle’s Damage
A picture of your vehicle’s damage tells a thousand words. We can view these photos to learn more about your incident, including the points of impact and the extent of your vehicle’s damage.
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What Constitutes Negligence in a Sideswipe Accident?
Most accidents are caused by drivers’ negligence, per the National Highway Traffic Safety Administration (NHTSA). The legal definition of negligence constitutes any action that has the ability to put others at risk of harm.
Here are just a few examples of negligence that can result in sideswipe accidents:
- Texting while driving
- Weaving in and out of traffic
- Ignoring traffic signals
- Driving under the influence of fatigue, drugs, or alcohol
A driver whose negligence causes an accident can be held legally liable for the injured party’s accident-related expenses, including medical bills and property damage costs.
Georgia Has Contributory Negligence Rules
OCGA §51-12-33 says that you can pursue compensation as long as you did not primarily cause your sideswipe accident. When your case is evaluated, you could be assigned a percentage of fault for the accident. This percentage will take away from the amount of money you can get.
For example, suppose that you merged lanes without using your turn signal, but a speeding car sideswiped you during the maneuver. In this instance, you could be assigned 40 percent fault and the other party 60% fault.
You would only be able to recover 60% of your damages in this situation. This makes determining fault for your accident crucial. An inaccurate percentage of fault could unjustly reduce the money that you can get.
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Our Law Firm Can Prove Fault in Your Sideswipe Accident
Dealing with the aftermath of a sideswipe accident can be exhausting, especially if you are recovering from serious injuries. Working with our team can allow you to focus on your personal life instead of your legal matters.
In addition to investigating your case, here are some ways that we can help you:
We Can Estimate the Value of Your Damages
We will estimate how much financial compensation you are entitled to after the accident. To estimate your injury-related expenses, we will collect:
- Medical bills and records
- Prescription medication receipts
- Home modification bills
- Vehicle repair or replacement bills
- Past wage statements
We Can Negotiate a Settlement with the Insurer
We will handle all communications with the other driver’s insurance provider, whether written or verbal. We will collect all necessary documentation and file a claim on your behalf.
If we cannot reach an agreement with the liable insurer, then we can file a lawsuit against the other party.
We Can File Your Lawsuit in Accordance with Georgia’s Deadlines
If you were injured in a sideswipe accident, OCGA §9-3-33 limits the amount of time you have to file a lawsuit. The statute of limitations for personal injury lawsuits in Georgia is generally two years. After that, you forfeit your right to sue even if you have a valid case.
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Kaine Law Will Advocate for You
At Kaine Law, our team has multiple decades of experience advocating for victims of personal injuries, and we are ready to advocate for you, too. We work on contingency, so we collect no fees unless you win.
Call our office today for a free, no-obligation case consultation. The sooner you call, the sooner we can get started on your case.