When we think of a “sideswipe,” what generally comes to mind is a frustrating parking lot accident that leaves scratches down the side of a brand-new car, resulting in annoying property damage claims and repairs. Sadly, not all sideswipe accidents are minor fender-benders. When a sideswipe accident in Austin or the surrounding area occurs at high speed on a major highway, one or both drivers may lose control of their vehicles and experience a serious car accident with the potential for severe injuries or fatalities.
In 2022, sideswipe accidents made up 8.2% of all two-car collisions nationwide and resulted in 1,600 deaths.
What Causes Sideswipe Accidents in Austin?
Sideswipes usually happen when two vehicles travel parallel to each other moving in the same direction. Sideswipe accidents are most common on multi-lane highways. The most common cause of sideswipes is an unsafe lane change. When a driver fails to check their blind spot and improperly changes lanes while another vehicle is already present in the lane, their car strikes a glancing blow off the side of the other car—a sideswipe. In some cases, the power of the collision forces one car off the road or sends it skidding sideways into other lanes, resulting in a serious accident. In other cases, both drivers lose control with injuries to the occupants of both vehicles.
Sideswipes can also result from improper merging, a driver’s failure to signal a lane change, drifting out of a lane due to distraction, drowsy driving, aggressive driving, or drunk driving.
Who Is Liable for an Austin Sideswipe Accident?
Depending on the individual circumstances of an accident, full liability usually lies with the driver who made an error or reckless action behind the wheel. For instance, changing lanes while another car is in a blind spot, failing to yield the right of way when merging into traffic, aggressively weaving in and out of lanes, or failing to signal a lane change are all negligent driving behaviors that leave the at-fault driver liable for any damages to accident victims, including property damage to their vehicle, medical expenses, lost wages, and compensation for pain and suffering.
Proving liability requires an investigation to break down the factors leading up to the accident. Proving a driver liable for damages requires compiling evidence of liability to show the following:
- They owed a duty of reasonable care to other motorists
- They breached this duty by driving negligently or recklessly
- Their breach of duty caused the accident and injuries
- The injury victim suffered economic and non-economic damages from their injuries
In a modified comparison negligence insurance state like Texas, the injury victim becomes the plaintiff in a car accident case and the at-fault driver is the defendant. The burden of proving liability falls on the defendant. Contact an injury lawyer in Austin today to learn more.
How Can an Austin Sideswipe Accident Lawyer Help?
When a motorist suffers serious injuries in a car accident, they are vulnerable to insurance companies who prioritize profits over paying out on valid claims. It’s difficult to take on the challenge of proving liability and calculating damages to achieve the highest possible settlement from the at-fault party’s insurance company after a sideswipe accident in Austin. An Austin car accident lawyer can take on the challenge of the investigation and negotiations with the insurer and protect your best interests throughout the process. Contact the Austin sideswipe accident lawyers at Shaw Cowart LLP for a free consultation so we can evaluate your case and take action on your behalf.