AL Sideswipe Collision Attorneys

Auburn, AL Sideswipe Collision Attorneys

A sudden, jarring impact from the side of your vehicle can send your car careening out of control. Many drivers tend to dismiss sideswipe accidents as minor incidents—a simple trading of paint or a dented door. However, what begins as a glancing blow can instantly escalate into a life-altering event. A sideswipe can force a vehicle off the road, into oncoming traffic, or cause it to roll over, leading to catastrophic consequences.

These collisions are rarely simple accidents. They are almost always the product of a driver’s lapse in attention, poor judgment, or outright recklessness. For those injured in Auburn, Alabama, the aftermath of a sideswipe crash can be a confusing and overwhelming experience, filled with physical pain, mounting medical bills, and stressful dealings with insurance companies. While you concentrate on your recovery, the complex process of securing fair compensation requires careful and knowledgeable navigation.

What Is a Sideswipe Collision?

A sideswipe collision occurs when the sides of two vehicles traveling in the same or opposite directions make contact. While the initial impact may not seem as forceful as a head-on or T-bone crash, the vector of the force is what makes these incidents so perilous. The lateral push can destabilize a vehicle, particularly at highway speeds, causing the driver to lose control.

There are two primary scenarios for sideswipe accidents:

Same-Direction Sideswipes: This is the most common type, often happening on multi-lane roads like Interstate 85 or College Street in Auburn. It typically occurs when one driver attempts to change lanes or merge without checking their blind spot or properly yielding the right-of-way.

Opposite-Direction Sideswipes: This type of crash, also known as a head-on sideswipe, happens when a vehicle crosses the centerline and strikes the side of a vehicle traveling in the opposite direction. These are often caused by distracted driving, impairment, or fatigue.

What Are the Primary Causes of Sideswipe Accidents?

Sideswipe collisions are preventable incidents rooted in driver negligence. A detailed investigation is vital to pinpoint the specific actions that led to the crash. Some of the most frequent causes include:

Distracted Driving: This is a leading factor in modern vehicle collisions. A driver who is texting, talking on the phone, adjusting a GPS, or attending to passengers can drift from their lane in a matter of seconds, causing a dangerous sideswipe.

Failure to Check Blind Spots: Many drivers rely solely on their mirrors when changing lanes, forgetting about the significant blind spots on most vehicles. Failing to perform a physical head check before moving over is a common and dangerous error.

Improper Merging: Drivers entering a highway or attempting to merge into traffic must yield to existing traffic. Misjudging the speed and distance of other vehicles or failing to yield can easily lead to a merging-related sideswipe.

Driver Impairment: Operating a vehicle under the influence of alcohol or drugs severely impairs judgment, coordination, and the ability to maintain a single lane of travel.

Fatigued Driving: Drowsiness can be just as dangerous as intoxication. A driver who is exhausted may fall asleep for a micro-second or have slowed reaction times, allowing their vehicle to drift into an adjacent lane.

Aggressive or Reckless Driving: Actions like weaving through traffic, making sudden lane changes without signaling, or intentionally crowding another driver off the road are prime causes of sideswipe impacts.

Overcorrection: If a driver is startled or their wheels leave the pavement, their instinct may be to jerk the steering wheel. This overcorrection can send the vehicle swerving sharply into the next lane.

Vehicle Malfunctions: Though less common, a sudden tire blowout or a failure in the steering or suspension system can cause a driver to lose control and sideswipe another vehicle.

Severe Injuries Resulting from Sideswipe Impacts

The initial glancing blow of a sideswipe is often just the beginning of a traumatic sequence. The real danger lies in the secondary impacts that follow. When a car is pushed sideways, it can strike guardrails, trees, utility poles, or other vehicles. It may also be forced into a rollover, which is one of the most dangerous types of traffic accidents.

Victims of serious sideswipe collisions can sustain a range of debilitating injuries, including:

Traumatic Brain Injuries (TBIs): The violent motion can cause a victim’s head to strike the window or another part of the car’s interior, leading to concussions or more severe brain trauma. In a rollover, the risk of a significant TBI increases dramatically.

Spinal Cord Injuries: If the force of the secondary impact is severe enough, it can fracture vertebrae and damage the spinal cord, potentially leading to paralysis.

Neck and Back Injuries: Whiplash and other soft tissue injuries are common, but herniated discs and other chronic back conditions can also result from the twisting forces in a sideswipe.

Broken Bones and Fractures: Arms, legs, ribs, and the pelvis can be fractured during the initial impact or, more commonly, during a secondary collision or rollover.

Amputations: In the most violent crashes, a limb can be crushed or severed, requiring surgical amputation.

Internal Organ Damage: The blunt force trauma can cause internal bleeding and damage to vital organs, which can be life-threatening if not treated immediately.

How Is Fault Determined in an Alabama Sideswipe Collision?

Proving who is at fault in a sideswipe case can be more complicated than in other types of accidents. Often, it becomes a “he said, she said” situation where each driver blames the other for entering their lane. Because of this, a thorough and immediate investigation is necessary to establish liability.

To succeed in a personal injury claim, you must prove that the other driver was negligent. This involves establishing four key elements:

Duty: The other driver had a duty to operate their vehicle safely and follow traffic laws.

Breach: The driver breached this duty through a careless or reckless act, such as an unsafe lane change.

Causation: This breach of duty directly caused the collision and your injuries.
Damages: You suffered actual harm, such as medical bills, lost income, and pain.

A critical factor in Alabama is the state’s rule of pure contributory negligence. This is one of the harshest legal standards in the country. Under this doctrine, if you are found to be even 1% at fault for the accident, you are completely barred from recovering any compensation from the other driver. Insurance companies are well aware of this rule and will often try to find any small reason to shift a portion of the blame onto you to deny your claim entirely.

What Evidence Is Used to Prove Liability?

Given the complexities of sideswipe cases and Alabama’s contributory negligence rule, building a strong case with compelling evidence is paramount. An attorney can help gather and analyze key pieces of evidence, including:

The Police Report: While not always conclusive, the officer’s initial report, diagrams, and citations can provide a valuable starting point.

Witness Statements: Independent witnesses who saw the accident can offer an unbiased account of which driver improperly changed lanes.

Vehicle Damage: The location and nature of the damage on both vehicles can help accident reconstruction professionals determine the angle of impact and how the collision occurred.

Video Footage: Dashcam video from your vehicle, the other vehicle, or nearby witnesses, as well as surveillance footage from local businesses, can provide indisputable proof of fault.

Black Box Data: The Event Data Recorder (EDR) in modern vehicles can provide information about speed, steering input, and braking just before the crash.

What Types of Compensation Can Victims Pursue?

If you have been injured by a negligent driver in a sideswipe collision, you are entitled to seek compensation for the full range of your losses. A successful claim can help provide the financial stability needed to recover and move forward. Compensation generally falls into two main categories:

Economic Damages

These are the tangible, calculable financial losses resulting from the accident. They include:

Medical Expenses: All costs related to your injuries, including ambulance rides, hospital stays, surgeries, physical therapy, medications, and any anticipated future medical care.

Lost Wages: Compensation for the income you lost while unable to work during your recovery.

Loss of Future Earning Capacity: If your injuries are permanent and prevent you from returning to your former job or limit your ability to earn a living, you can be compensated for this long-term loss.

Property Damage: The costs associated with repairing or replacing your vehicle.

Non-Economic Damages

These damages are meant to compensate for the intangible, personal losses that have a profound impact on your quality of life. They include:

Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.

Mental Anguish: Covers the psychological impact of the trauma, such as anxiety, depression, and PTSD.
Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, family activities, and other pursuits you once valued.

In rare cases where the at-fault driver’s conduct was particularly egregious, such as in a road rage incident or a severe DUI, it may be possible to pursue punitive damages. Under Alabama law, these damages are intended to punish the defendant and require clear and convincing evidence of wantonness or malice.

Contact Our Auburn, AL Sideswipe Collision Attorneys

The aftermath of a sideswipe collision can leave you feeling vulnerable and uncertain about the future. You should not have to face the challenge of physical recovery while also battling an insurance company that is focused on protecting its bottom line. The legal system in Alabama presents unique challenges, and having a knowledgeable advocate on your side is essential.

The dedicated team at Alsobrook Law Group is prepared to help you navigate this difficult time. We will handle every aspect of your claim, from investigation to negotiation, allowing you to focus on what matters most—your health and your family. We invite you to contact us at 334-737-3718 for a free, no-obligation consultation to discuss your case. Let us help you pursue the justice and compensation you deserve.

Frequently Asked Questions

Who is usually at fault in a sideswipe collision?

A head-on collision occurs when the front ends of two vehicles traveling in opposite directions strike each other. These crashes are among the most dangerous types due to the combined force of both vehicles’ speeds, often resulting in catastrophic injuries or fatalities.

What should I do if the other driver flees after a sideswipe accident?

This is a hit-and-run, which is a criminal offense. You should try to get the license plate number and a description of the vehicle and driver, if possible. Call 911 immediately to report the incident. Your own insurance policy, specifically your Uninsured Motorist (UM) coverage, may be able to cover your damages in this situation.

Can I recover compensation if I was partially at fault for the accident in Alabama?

Unfortunately, Alabama follows a pure contributory negligence rule. This means that if you are found to be even 1% responsible for causing the accident, you are legally barred from recovering any compensation from the other party. This makes it extremely important to build a strong case proving the other driver was 100% at fault.

Why is it important to see a doctor even if I feel fine after a sideswipe crash?

Some serious injuries, like whiplash, internal bleeding, or even certain types of brain injuries, may not show immediate symptoms. Seeking prompt medical evaluation creates an official record of your injuries, which is vital for connecting them to the accident for your personal injury claim.

How long do I have to file a sideswipe accident lawsuit in Alabama?

In Alabama, the statute of limitations for most personal injury claims is two years from the date of the accident. If you fail to file a lawsuit within this time frame, you will likely lose your right to pursue compensation forever. It is best to consult with an attorney as soon as possible.

Zach Alsobrook

ATTORNEY AT LAW

Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…