Florida Sideswipe Collision Lawyer

Florida Sideswipe Collision Attorneys 

A sudden, jarring impact from the side is an unnerving and dangerous experience for any Florida driver. Sideswipe collisions, where the sides of two vehicles traveling in the same direction make contact, are a frequent occurrence on our state’s busy multi-lane highways, city streets, and interstates. While they may seem less dramatic than a head-on or T-bone crash, the consequences can be just as severe, often leading to a loss of vehicle control, subsequent impacts, and significant injuries. 

The moments following a sideswipe accident are often filled with confusion, particularly when it comes to determining who was at fault. 

How Sideswipe Accidents Occur in Florida 

Sideswipe accidents happen for a multitude of reasons, but they almost always stem from one driver making an unsafe lateral movement into a lane already occupied by another vehicle. Florida’s roads are crowded, and any lapse in a driver’s attention or judgment can have immediate consequences. 

Common contributing factors include: 

• Improper Lane Changes: This is the most frequent cause. A driver may attempt to change lanes without ensuring the path is clear, failing to check their blind spot, or neglecting to use a turn signal. 

• Distracted Driving: A driver who is texting, talking on the phone, adjusting the radio, or attending to a passenger can easily drift out of their designated lane and into the path of an adjacent vehicle. 

• Driver Fatigue: Drowsy driving impairs judgment and reaction time in a way that is comparable to driving under the influence. A fatigued driver can nod off for a split second, long enough to cause a serious lane departure accident. 

• Driving Under the Influence (DUI): Alcohol or drugs severely diminish a driver’s ability to maintain their lane, judge distances, and operate their vehicle safely. 

• Aggressive Driving or Road Rage: Intentional and reckless maneuvers, such as forcing another car out of the way or cutting someone off, can easily result in a sideswipe collision. 

• Overcorrection: A driver may swerve to avoid a pothole, road debris, or an animal, and in doing so, overcorrect their steering, sending them into an adjacent lane. 

• Vehicle Malfunction: Though less common, issues like a tire blowout or a steering or suspension failure can cause a driver to lose control and veer into another lane. 

• Adverse Weather Conditions: Heavy rain, which can lead to hydroplaning, or strong crosswinds can make it difficult for drivers, especially those in high-profile vehicles, to stay centered in their lane. 

Identifying the specific cause is the first step in building a case for compensation. It involves a detailed investigation into the circumstances of the crash to establish the other driver’s failure to operate their vehicle with reasonable care. 

The Challenge of Proving Fault in a Sideswipe Crash 

Unlike a rear-end collision, where fault is often presumed to lie with the following driver, sideswipe accidents can present a more complicated “he said, she said” scenario. Both drivers may believe they had the right-of-way, making a thorough investigation essential to determine liability. 

Proving fault requires evidence that demonstrates one driver negligently encroached upon the other’s lane of travel. Under Florida Statute § 316.085, a driver may not move from a direct course in any lane until they have determined that the move can be made with “complete safety.” A violation of this statute is strong evidence of negligence. 

To establish which driver breached this duty, we investigate several key areas: 

• Physical Evidence: The location and nature of the damage on both vehicles can provide important clues. The pattern of scrapes, dents, and paint transfer can help an accident reconstructionist determine the angle of impact and the direction of the forces involved. 

• Police Accident Report: While not always admissible in court as direct evidence of fault, the investigating officer’s report contains important information, including their initial observations, diagrams of the scene, and any citations issued for traffic violations like “improper lane change.” 

• Witness Statements: Independent witnesses who saw the collision can provide an unbiased account of what happened. Their testimony about which vehicle moved into the other’s lane can be invaluable. 

• Video Footage: Many intersections, businesses, and even homes are equipped with surveillance cameras. Dashcam footage from either of the involved vehicles or other nearby cars can provide indisputable proof of how the accident occurred. 

• Driver Admissions: Sometimes, a driver may apologize or make statements at the scene that indicate they were at fault. While you should never admit fault, it is important to note anything the other driver says. 

Because fault can be disputed, gathering this evidence quickly after the collision is important before it disappears or witness memories fade. 

Florida’s Comparative Negligence Rule and Its Impact 

Florida law operates under a “modified comparative negligence” system. This means that even if you are found to be partially at fault for the accident, you can still recover damages from the other at-fault party, as long as your percentage of fault is not more than 50%. 

If you are found to be 50% or less at fault, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault for the collision, your award will be reduced by 20% to $80,000. However, if you are determined to be 51% or more at fault, you are barred from recovering any damages at all. 

Insurance companies are well aware of this rule and will often try to shift as much blame as possible onto the other driver to reduce their payout or deny the claim outright. They might argue that you were speeding, not paying attention, or could have taken evasive action to avoid the crash. Having a knowledgeable attorney is vital to counter these tactics and ensure fault is assigned correctly based on the evidence. 

Common Injuries Resulting from Sideswipe Collisions 

The force of a sideswipe impact can jolt occupants violently, and the subsequent loss of control can lead to secondary collisions with other vehicles, guardrails, or medians. The injuries sustained can range from moderate to severe. 

Common injuries include: 

• Whiplash and Soft Tissue Injuries: The sudden side-to-side motion can strain the muscles and ligaments in the neck and upper back. 

• Head and Brain Injuries: Occupants’ heads can strike side windows or pillars, potentially causing concussions or more severe traumatic brain injuries (TBIs). 

• Shoulder, Arm, and Hand Injuries: The arm and shoulder on the side of the impact are particularly vulnerable to fractures, dislocations, and nerve damage. 

• Hip and Leg Injuries: The force of the impact can be transferred through the vehicle’s frame, leading to hip fractures or leg injuries as the occupant is thrown against the door or center console. 

• Spinal Cord Injuries: In high-speed sideswipes or those that result in a rollover, damage to the vertebrae or spinal cord itself can occur, potentially leading to paralysis. 

• Cuts and Lacerations: Broken glass and twisted metal can cause significant cuts and a risk of scarring or infection. 

It is always recommended to seek a thorough medical evaluation immediately following any car accident, even if you do not feel injured. Some serious conditions, like internal bleeding or certain types of brain injuries, may not present symptoms right away. 

Steps to Take After a Florida Sideswipe Accident 

The actions you take in the minutes and hours after a sideswipe crash can have a significant effect on your health and your ability to pursue a successful injury claim. 

• Prioritize Safety: First, check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. If your vehicles are in a dangerous position in traffic and can be moved, pull over to the shoulder or a safe location to prevent further accidents. 

• Report the Accident: Florida law requires you to report any crash that results in injury, death, or apparent property damage of at least $500. Calling the police ensures an official report is created. 

• Exchange Information: Get the other driver’s name, address, phone number, driver’s license number, and insurance information. Also, collect contact information from any witnesses who saw the crash. 

• Document Everything: Use your phone to take extensive photos and videos of the accident scene. Capture the damage to both vehicles from multiple angles, their final resting positions, any skid marks on the road, traffic signals, and the general road and weather conditions. 

• Do Not Admit Fault: Avoid making any statements that could be construed as an admission of fault, such as “I’m sorry” or “I didn’t see you.” Stick to the facts when speaking with the other driver and the police. 

• Seek Medical Attention: Get a medical check-up as soon as possible. This not only protects your health but also creates a medical record that links your injuries to the accident. 

• Notify Your Insurance Company: Report the accident to your own insurance company to begin the claims process under your Personal Injury Protection (PIP) coverage. Be cautious about giving a recorded statement to the other driver’s insurer without first speaking to an attorney. 

Recoverable Damages in a Sideswipe Collision Claim 

If you have been injured due to another driver’s negligence in a sideswipe accident, you may be entitled to seek compensation for a wide range of losses. The goal of a personal injury claim is to make you whole again, at least from a financial standpoint. 

Damages may include: 

• Medical Expenses: This covers all past and future costs related to your injuries, including ambulance rides, emergency room treatment, hospital stays, surgery, physical therapy, medications, and any necessary medical devices. 

• Lost Wages: If your injuries prevent you from working, you can recover the income you have lost. 

• Loss of Earning Capacity: If your injuries are permanent and affect your ability to earn a living in the future, you can seek compensation for this diminished capacity. 

• Property Damage: This includes the cost to repair or replace your vehicle and any other personal property that was damaged in the crash. 

• Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish you have endured as a result of the accident and your injuries. 

• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once enjoyed, you may be compensated for this loss. 

In Florida, your own PIP insurance is the first source of recovery for medical bills and lost wages, covering 80% of medical expenses and 60% of lost wages up to $10,000. However, for a serious injury, this amount is quickly exhausted. A claim or lawsuit against the at-fault driver is necessary to recover the remaining damages. 

Contact Fetterman Law for a No-Cost Consultation 

The aftermath of a sideswipe collision can be overwhelming. You may be dealing with physical pain, mounting medical bills, and calls from insurance adjusters. You do not have to navigate this complex process on your own. The legal team at Fetterman Law has the experience and resources to investigate your accident, establish liability, and fight for the full and fair compensation you are owed. 

If you or a loved one has been injured in a sideswipe accident in Florida, contact us today for a free, no-obligation consultation. Let us handle the legal burdens so you can focus on your recovery.