While the vast majority of motor vehicle accidents happen unexpectedly, sideswipes in particular catch motorists by surprise when one vehicle suddenly collides into the side of another. In many sideswipe accidents, improper lane changes result in over-correction, ultimately leading to the sideswipe accident. However, since sideswipes can occur for several reasons, it is crucial to get an experienced North Charleston car accident lawyer on your side who can determine who is at fault.
The individual or entity found liable for causing the accident will be ordered to compensate you for your damages in full. Shelly Leeke Law Firm is prepared to carefully investigate the cause of your sideswipe collision and stand by your side as we navigate the claim process. While establishing fault for the accident is one of our top priorities, we will also need to gather compelling evidence to prove the defendant’s negligence and ensure we are accounting for every loss you have endured so you can maximize your payout.
How to Determine Fault in a Sideswipe Accident
Sideswipe accidents occur far more often than you might have previously thought. They account for 3% of all fatal car accidents, with 1,184 deaths reported in 2021 according to the Insurance Information Institute (III). Sideswipe accidents are also responsible for 6% of motor vehicle accidents each year according to crash data from an intersection collision study by the Federal Highway Administration (FHA).
Since sideswipe accidents are some of the most common types of collisions, our team at Shelly Leeke Law Firm often recognizes potentially liable parties well in advance. However, before we can bring a claim against the individual or entity who caused the sideswipe accident, we need to build a compelling case against them. This will involve meeting the burden of proof and gathering sufficient evidence to prove liability for your damages.
The Burden of Proof
According to South Carolina Code §63-7-20, the burden of proof in civil claims is based on a preponderance of the evidence. This is much different than the burden of proof that must be met in criminal court, where guilt needs to be proven beyond a reasonable doubt for the jury to convict. For the jury to return a verdict in your favor, we must introduce evidence that demonstrates how the defendant’s actions were the cause of your injuries and resulting damages.
We will also need to show that the elements of negligence have been met. This involves showing how the defendant owed you a duty of care, breached that duty, and caused the significant damages you suffered as a result of the accident. Your ability to win your sideswipe case will rely heavily on your legal team’s ability to meet the burden of proof and prove the elements of negligence are present in your case.
Examples of Powerful Supporting Evidence
With the determination of liability resting on your catastrophic injury attorney’s case against the defense, the evidence we collect at the accident scene and throughout the course of our comprehensive investigation may prove invaluable. The evidence does not need to prove liability beyond a reasonable doubt, but it must show that the defendant is more than likely responsible for causing the sideswipe collision. Some examples of evidence that are often considered powerful include:
- Photos of the property damage at the accident scene
- Photos of damage to your vehicle
- Photos of your injuries
- The defendant’s breath or blood alcohol test results
- Empty alcohol bottles or drug paraphernalia found near the defendant’s vehicle
- Copies of crash data and police reports
- Testimony from responding officers and emergency responders
- Reports curated by expert witnesses and accident reconstructionists
- Data secured from vehicle black boxes
Common Liable Parties in Sideswipe Accident Claim
Proving liability is one of the most essential aspects of the personal injury claims process following a sideswipe collision. Our legal team regularly recognizes potentially liable parties based on how the accident occurred and the damage at the accident scene. Here are some of the individuals and entities most frequently sued for damages:
Negligent Drivers
When motorists fail to operate their vehicles safely and make improper lane changes or fail to turn at a safe speed, sideswipe accidents are more common, according to the Analysis of Lane-Change Crashes and Near-Crashes by the National Highway Traffic Safety Administration (NHTSA). Negligent driving can come in multiple forms. Some examples include:
- Speeding
- Drunk driving
- Distracted driving
- Following too closely
- Failure to check blind spots
- Reckless driving
- Road rage
- Drowsy driving
- Aggressive driving
- Failure to stop or yield
Dram Shops and Social Hosts
Under South Carolina Code §61-4-10, dram shops and social hosts can be held accountable for victim’s damages where applicable. If a dram shop establishment sold alcohol to someone who is already intoxicated, and that party is responsible for causing your sideswipe accident, the dram shop that sold the defendant alcohol could share the blame for your injuries. Social hosts are most frequently held accountable when they allow minors to consume alcohol, and these underaged drivers go on to cause collisions.
Vehicle Part Manufacturers
Tire defects and malfunctions have been known to cause rollover accidents and sideswipes according to the NHTSA. Vehicle parts manufacturers are frequently held accountable for motor vehicle wrecks. There are many parties involved in the design, distribution, and manufacture of these parts, so do not be surprised if several parties are found to share the blame for your injuries.
Reach Out to South Carolina’s Top-Rated Car Accident Law Firm
Sideswipe accidents can often result in catastrophic injuries, property damage, and emotional distress. Once we determine who is liable for causing your collision, we can demand they be held accountable for their negligence and compelled to compensate you for your damages in full. Shelly Leeke Law Firm has over a decade of experience advocating for car accident victim’s rights.
We have successfully recovered millions of dollars and counting for our clients and we are standing by, ready to help you get through some of the most challenging times in your life. Take back control of your future after a sideswipe accident by scheduling your free consultation with an experienced South Carolina car accident attorney from Shelly Leeke Law Firm today. You can reach us by phone or through our contact form to get started.
