A sideswipe collision describes what happens when two vehicles traveling in the same or opposite directions make side-to-side contact. They can lead to extensive property damage and serious injuries. Determining liability for a sideswipe accident is an important step to recover compensation through an insurance settlement or a civil lawsuit.
The 2024 data gathered by the Arizona Department of Motor Vehicles shows that sideswipe accidents occur frequently in the state: about one in every five multi-vehicle accidents is a sideswipe.
Because of their frequency, it is important for Arizona drivers to understand how these accidents happen and their effects. In this blog post, we consider how sideswipe accident liability is established, common sideswipe accident injuries, and the kinds of compensation you can receive from a sideswipe accident claim.
If you have questions about sideswipe accident liability in Arizona or need to talk to an experienced Arizona sideswipe accident attorney, call Stone Rose Law at (480) 631-3025, or you can reach us online to set up a free initial consultation.
Who is Liable for a Sideswipe Accident Claim?
In most cases, under Arizona negligence law, drivers who fail to properly stay in their lane will be the responsible party in a sideswipe car accident.
This general rule is subject to some flexibility in application.
For example, both drivers can be at least partly at fault for a sideswipe collision when they simultaneously attempt to change lanes, or when both are distracted or engaged in aggressive or reckless driving, or when both are driving while impaired by alcohol or drugs.
Thus, as with all car accidents, an investigation is needed to identify all the factors that contributed to the collision and to whom these factors apply. As we will see below, determining who is at fault for causing a sideswipe crash can have an effect on how much compensation you can recover in an insurance settlement or through a judgment award.
In some cases, the liability for a sideswipe accident can extend to parties other than the drivers and vehicles involved.
Products Liability Claims
If a problem with the design or manufacture of a vehicle or one of its components contributes to a motor vehicle accident, then the company that made or, in some cases, sold the defective item can be held liable for its share of causing the crash.
For example, let’s assume that a driver’s tires are inherently dangerous as manufactured, making them unreasonably susceptible to blowouts at high speed. If a sideswipe accident occurs on a freeway during a lane change, and the tire defect contributed to the crash when the tire blew out, causing the driver to lose control of the car, then it may be possible to sue the tire maker as a third party. If the defective tire was an original component when the car was made and sold, then the auto maker and the auto dealer may also be possible third-party defendants in a personal injury claim.
Employer Agency Liability
If you are involved in a sideswipe accident and the at-fault driver is driving in connection with that person’s job duties at the time, then that driver’s employer is a possible third-party defendant.
For example, if a commercial truck driver sideswipes you by making an unsafe lane change and you suffer injury as a result, then both the driver and the trucking company may be named as defendants in your sideswipe accident injury claim.
Public Entity Liability
If dangerous road conditions contributed to a sideswipe accident, such as due to poor road maintenance, then the public agency responsible for that maintenance could be a possible defendant in a personal injury accident claim.
Public entities are subject to different time frames compared to private parties.
In Arizona, you have only 180 days to file an intent to make a claim and a one-year statute of limitations that is shorter than the general two-year statute of limitations with private party defendants.
Elements of a Sideswipe Liability Claim in Arizona
Under Arizona negligence law, to file a legally valid claim for personal injury after a sideswipe accident, you must show, by a preponderance of the evidence, that it is more likely than not:
- The other driver owed you a duty of reasonable care under the circumstances
- The other driver breached that duty to you
- This breach of duty led directly to you suffering harm
- Your harm can be measured in money damages
The nature of the at-fault driver’s conduct can range from carelessness to recklessness or intentional behavior.
In some products liability-based actions, it may be possible to sue the maker or a seller of a defective product on a basis of strict liability instead of ordinary negligence.
Investigating Liability After a Sideswipe Accident Occurs
As you can see, it is essential to understand the facts surrounding a sideswipe crash to ensure that all potential at-fault parties are considered. This is just one or many areas in which having an experienced personal injury lawyer can help you. A skilled Arizona auto accident attorney can perform the following investigatory activities on your behalf:
- Obtaining a police accident report, if available
- Your relevant medical records
- Photos and videos of the accident scene and the accident
- Finding and interviewing witnesses
- Working with accident reconstruction experts
- Gathering and analyzing physical evidence
- Documenting and valuing the harm you suffered
The strength of your supporting evidence can play an important role in how much you can recover for sideswipe car accident injuries, through settlement or in a civil legal action.
What are Common Injuries from a Sideswipe Collision?
Depending on factors like the speed of the vehicles at the time of the accident, sideswipe collision physical injuries can be serious. They can include:
- Whiplash and other muscle strains and sprains
- Traumatic head injuries
- Shoulder injuries, including dislocations
- Lacerations
- Broken bones and fractures
In a worst-case situation, you might lose a family member in a fatal sideswipe crash.
Aside from physical injuries, car accident victims can also suffer intangible harm from a sideswipe accident that is nonetheless compensable. Examples include:
- Pain and suffering
- Emotional suffering and mental anguish
- Anxiety, depression, and possible post-traumatic stress disorder (PTSD)
- Loss of ability to engage in daily life activities
- Loss of companionship, guidance, and consortium
What Can You Recover After a Sideswipe Accident?
What you can recover in compensation for harm you experience from a sideswipe car accident is the same as for any other kind of car accident: money damages. These damages take one of three forms: economic damages, non-economic damages, and, in some situations, punitive damages.
Economic Damages
Economic damages are compensation you can recover for tangible forms of harm, like medical bills for your physical injuries.
Property damage resulting from a sideswipe collision, such as car repair costs and expenses to repair or replace other property, is also a form of economic damage.
Other kinds of harm that you can prove with evidence, like lost wages or loss of income-earning potential if your injuries keep you from returning to work, are economic damages.
Non-economic Damages
The intangible kinds of harm we identified above are non-economic damages.
These are more challenging to prove than economic damages, but they can still be assigned a substantial value. In settlement negotiations, non-economic damages often take the form of a multiple of your established economic damages.
For example, if your economic damages are valued at $40,000, and your non-economic damages multiplier is set to 2, then in addition to your economic damages, you would be able to claim an additional $80,000 in non-economic damages for a total payout value of $120,000.
Settlement-based non-economic damages can also be valued based on a per-diem method, which uses a set dollar amount and multiplies it by the number of days it is expected to take you to recover.
Punitive Damages
In rare cases, such as where the behavior of the other driver in causing you harm was intentional, punitive damages may be available. In a settlement, the usual effect of punitive damages is to increase the non-economic multiplier factor.
Comparative Negligence in Sideswipe Accident Damages Recovery
Sometimes it is not possible to pin 100% of the blame for a motor vehicle accident, like a sideswipe collision, on only one driver. Often, the defendant in a personal injury claim raises the affirmative defense of comparative negligence, arguing that the plaintiff was partly to blame for the accident and the resulting harm.
In Arizona personal injury settlements and lawsuits, if the defendant successfully shows that the plaintiff was partly at fault, then how much the plaintiff can recover in compensation will be reduced by an equal percentage of that person’s established fault.
For example, let’s say that after a sideswipe accident, you are able to receive a $20,000 settlement payout or judgment award based on the other driver’s negligence, but you are found to be 25% at fault, while the defendant was 75% at fault. In this case, your $20,000 compensation will be reduced to $15,000, a 25% reduction based on your assigned degree of comparative negligence.
Have You Been Involved in a Sideswipe Accident in Arizona?
If you have been involved in a sideswipe collision, having experienced legal counsel will be crucial from the outset.
An experienced car accident attorney, like one you will have if you hire Stone Rose Law, can make a meaningful difference in the settlement compensation you receive. Our attorneys are skilled settlement negotiators and trial litigators.
Our Phoenix car accident lawyers will not be intimidated by insurance claim adjusters or tempted into accepting a settlement offer for less than the maximum fair compensation you deserve.
Because we will be preparing your auto accident claim for trial in parallel with settlement negotiations, insurance companies and defense attorneys will have to take your compensation claims seriously.
To speak with one of our skilled Arizona sideswipe collision lawyers, call us at (480) 631-3025. You can also set up a free consultation with us by using our online contact form.
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