Understanding Sideswipe Accidents: Legal Rights And Responsibilities

Understanding Sideswipe Accidents: Legal Rights And Responsibilities

Sideswipe accidents are unfortunately common on Mississippi highways, but this frequency of occurrence does not make them any less frightening or damaging for car accident victims. In the aftermath of an auto accident, it can be difficult to assess your legal options and get clear answers on the next steps you need to take to move your insurance claim process forward. The Mississippi car accident attorneys at Lott Law Firm offer consultations to individuals injured in sideswipe accidents throughout the state, so call (228) 215-2787 to schedule a conversation with a member of our knowledgeable and client-focused team today.

What Is Considered a Sideswipe Accident?

A sideswipe accident occurs when two vehicles collide along their sides. When the front end of one vehicle strikes the side of another, this is called a “side-impact collision” or “T-bone accident” instead. Sideswipe accidents are distinguished from these front-on-side collisions by the fact that in sideswipe accidents, it is the side of each vehicle that makes direct contact. Sideswipe accidents typically occur when two vehicles are traveling roughly parallel to each other, but as the near-parallel condition is met then whether the vehicles are traveling in the same vs. opposite directions does not matter to the determination of a sideswipe accident, although the direction of travel, as well as the speed, can affect the severity of the accident. That severity can range from a minor scrape that causes cosmetic vehicle damage to a devastating accident resulting in serious injuries and potentially loss of life.

Factors That Can Lead to Sideswipe Accidents

A sideswipe accident can occur almost any time two vehicles are traveling nearly parallel to each other in close proximity. However, there are a few factors that can make sideswipe accidents more likely. Recognizing some of the most common of these factors can help you to become more aware of them in the future, as well as to understand which ones may be present in a specific car accident case.

Lane Changes

Changing lanes is a necessary part of navigating the roads, even over a relatively short distance. Unfortunately, however, lane changes are also a skill in which drivers frequently fall short. Improper lane changes can easily lead to sideswipe accidents when a driver:

  • Neglects to check his or her blind spots: The location and number of these blind spots can vary significantly depending on the size and construction of the vehicle, the placement and angle of the vehicle’s mirrors (both side view and rear view), and even the height of the driver. All vehicles, however, will almost certainly have at least some blind spots, regardless of the driver. Consequently it is important for drivers to be mindful of these limitations and remember to check thoroughly in all directions before changing lanes.
  • Fails to signal their intention to change lanes: All drivers on the roads rely on other vehicle operators to abide by the same rules regarding turn signals, appropriate following distance, and so on. When a driver fails to signal their intention to change lanes before beginning to move their vehicle laterally, other drivers have no warning that would allow them to slow down, speed up, move over – or even maintain their own course and speed, rather than initiating a lane or speed change of their own. Any of these possibilities can increase the likelihood of a sideswipe accident.
  • Changes lanes too close to another vehicle: In addition to signaling their intention to change lanes, drivers need to allow sufficient clearance for other vehicles to continue traveling at at least their current rate of speed – and, generally speaking, in most cases it is a wise idea to leave both drivers a little additional “room for error,” rather than attempting to calculate the minimum distance permissible. Failure to allow sufficient distance, often referred to pejoratively as “cutting lanes,” can anger other drivers and precipitate unnecessary stress during travel, even when “cutting” is not accompanied by a miscalculation that directly causes a sideswipe accident.

Drivers who execute any of these improper lane changes may be considered liable for sideswipe accidents arising from their negligence. Mitigating factors, however, can sometimes tip the balance of responsibility, so you may wish to consider discussing the circumstances of your sideswipe accident with an experienced Mississippi car accident lawyer at Lott Law Firm.

Merging and Yielding

Merging and yielding are driving activities closely related to lane changes. However, merging and yielding both differ from “simple” lane changes in that they involve a vehicle entering the road way (from a merging lane) or in some cases leaving the roadway (by merging onto an “offramp”).

Miss. Code Ann. § 63-3-805 governs considerations for right-of-way for merging onto highways throughout the state. Mississippi drivers are responsible for obeying the rules of the road as set out in the state code. In addition, drivers must exercise appropriate awareness of traffic conditions, speed of travel, and distance of oncoming vehicles as they merge onto highways. Similarly, all drivers need to be mindful of “rules of the road” requiring them to yield right of way under certain circumstances, as well as taking notice of any signage that specifically instructs their lane of travel to yield, for example to merging or oncoming traffic.

Impaired or Distracted Driving

The Mississippi Bar Association notes that in 1996, more than 41% of traffic fatalities in the state of Mississippi involved alcohol. The percentage of deadly traffic incidents attributable to driver impairment through the use of controlled substances fluctuates somewhat from year to year, but the consumption of alcohol and other controlled substances continues to be a factor in many of the accidents resulting in traffic fatalities nationwide – including sideswipe accidents.

Distracted driving, in which the person operating a vehicle may have consumed neither alcoholic beverages nor any other substances known to impair driving ability, can result in similarly grim outcomes. A 2006 study available through the National Institutes of Health (NIH) found that, although distracted drivers using cellphones at the wheel were somewhat less likely than drivers exhibiting symptoms of intoxication to engage in “aggressive” driving practices, the overall effects of distraction vs. alcohol consumption on driving safety were disturbingly similar. Impaired driving ability, whether it stems from chemical substances or divided attention, is a leading cause of sideswipe accidents of all kinds, but particularly those related to overly aggressive merging practices and failure to check traffic prior to changing lanes.

Professional Consultations for Victims of Sideswipe Accidents

If you have been injured in a sideswipe accident that was caused by someone else’s negligence, you may be entitled to compensation to help cover the costs of repairing damage to your vehicle, seeking and receiving medical treatment for injuries you sustained during the accident, and related expenses, depending on the circumstances. In some instances, responsible drivers’ insurance companies provide prompt payment to victims of sideswipe accidents, while in others the quest to obtain deserved and badly needed compensation turns into a protracted struggle. The legal options that make sense in a given case will depend on the specifics of the individual situation, so if you are navigating the car accident claim process after a sideswipe accident in Mississippi, consider scheduling a consultation with a car accident lawyer experienced in handling sideswipe accidents. Call Lott Law Firm today at (228) 215-2787.