A sideswipe collision happens when the sides of two vehicles, which are traveling in the same or opposite directions, make contact. These accidents are frequently the result of a driver making an unsafe movement, and they can lead to serious injuries and complicated legal claims.
If a sideswipe collision in Bakersfield injured you, the Law Offices of Mickey Fine is here to help. Our practice focuses on protecting the rights of injured people, and we have handled these cases for years. As an experienced car accident lawyer in Bakersfield California, we’re ready to fight for the compensation you deserve. Call us for a free consultation at (661) 333-3333 to discuss your case.
Why Do Sideswipe Accidents Happen? Common Causes in California
Sideswipe collisions can happen for many reasons, but they almost always trace back to a driver’s preventable error. When one driver fails to maintain their lane or ensure movement is safe, they put everyone around them at risk. Establishing why the crash happened is the foundation for proving negligence and securing compensation for your injuries.
Unsafe Lane Changes and Merging
The most frequent reason for a sideswipe accident is one driver improperly moving from one lane to another. This typically happens for one of a few reasons.
- Failure to Check Blind Spots: Many modern vehicles have blind-spot monitoring, but not all do. A simple failure to turn one’s head and visually check the adjacent lane before moving over is a common and dangerous mistake.
- Misjudging Speed and Distance: A driver might see another vehicle but believe they have enough room to change lanes or merge. They may miscalculate the other car’s speed or the gap between them, resulting in contact.
- Violating California Law: California Vehicle Code § 22107 explicitly states that no person shall move left or right upon a roadway until the movement can be made with “reasonable safety” and only after giving an appropriate signal. A violation of this statute is a powerful piece of evidence in proving that a driver was negligent.
Distracted Driving
A driver whose attention is not fully on the road is a danger to everyone. Distracted driving is a leading factor in all types of crashes, including sideswipes. When a driver is not paying attention, their vehicle can easily drift from its lane and into the path of another car. Common distractions include:
- Texting or using a cell phone
- Operating a GPS or infotainment system
- Eating or drinking
- Speaking with other passengers
- Personal grooming
Driving Under the Influence (DUI)
Alcohol and drugs impair a driver’s cognitive functions, motor skills, and judgment. This impairment directly affects their ability to stay within a single lane, react to changing traffic conditions, and maintain control of their vehicle. In 2022, alcohol-involved crashes accounted for one-third of all traffic deaths in California. Sideswipes are a common outcome of a DUI driver’s inability to navigate the road safely.
Aggressive or Reckless Driving
Some sideswipes are no accident. They are the result of deliberate and dangerous actions. Behaviors like aggressively weaving through traffic, intentionally cutting another driver off, or actions stemming from road rage can easily lead to a sideswipe collision. These drivers show a conscious disregard for the safety of others on the road.
Drowsy Driving
A fatigued driver can be just as dangerous as an intoxicated one. Drowsiness slows reaction times, impairs decision-making, and can lead to “microsleeps”—brief periods of sleep that last only a few seconds. That is more than enough time for a car to drift into an adjacent lane and cause a collision. The National Highway Traffic Safety Administration (NHTSA) estimates that in one recent year, 91,000 police-reported crashes involved drowsy drivers.
Who Is At Fault in a Sideswipe Collision?
The Driver Who Leaves Their Lane Is Usually at Fault
As a general principle, the driver who moves out of their designated lane of travel and makes contact with another vehicle is the one who is legally at fault. As we mentioned when quoting the law earlier, the driver has a duty to ensure their lane is clear and that it is safe to move before doing so. However, an insurance company for the at-fault driver may try to argue that you were also partially at fault to reduce the amount they have to pay.
How We Investigate and Prove Fault
To build a strong claim, our firm gathers and analyzes all available evidence to create a clear picture of what happened. This process includes:
- Physical Evidence: The location of paint scuffs, scrapes, and dents on both cars can act like a fingerprint, showing the angle of impact and telling the story of how the vehicles came together.
- Police Reports: The official report filed by the responding officer contains their initial observations, diagrams of the scene, and notes on whether any traffic citations were issued. While not always admissible in civil court, it is a very persuasive document during insurance negotiations.
- Witness Statements: Independent witnesses who have no stake in the outcome can provide neutral, third-party accounts of the collision. Their testimony can be invaluable in confirming which driver left their lane.
- Dashcam and Surveillance Footage: In today’s world, video evidence is more common than ever. Footage from a personal dashcam or a nearby business’s security camera can provide undeniable proof of how the sideswipe occurred.
Understanding California’s Comparative Fault Rule
What happens if the other driver’s insurance company claims you were also careless? California operates under a “pure comparative negligence” system. In simple terms, this means you can recover compensation even if you are found to be partially responsible for the accident.
Think of it like a pie chart of responsibility. A court or jury will assign a percentage of fault to each driver involved. For example, if you were found to be 10% at fault for the collision, your final compensation award would be reduced by that 10%. If your total damages were $100,000, you would receive $90,000. Insurance companies are skilled at using this rule to shift blame and minimize payouts. That is why it is all the more important to get legal assistance immediately to counter these tactics.
The Consequences: Physical and Financial Harms from a Sideswipe
A sideswipe is not a minor event. The physical forces involved and the chain reaction that follows can lead to severe injuries and staggering financial costs.
The Dangers of the “Second Impact”
The initial contact in a sideswipe is just the start. The true danger is in what happens next. A driver who is sideswiped can lose control of their vehicle. They may overcorrect their steering in a panic, causing the car to spin out, roll over, or veer into other lanes of traffic. This can turn a two-car incident into a multi-vehicle pile-up. A vehicle might also be forced off the road, where it could strike a fixed object like a guardrail, telephone pole, or tree. This “second impact” is often where the most catastrophic injuries occur.
Common Physical Injuries
Even a sideswipe at a seemingly low speed can generate enough force to cause lasting physical damage. The sudden, jerking motion might lead to a variety of injuries, including:
- Whiplash and Soft Tissue Injuries: The violent sideways motion can strain, sprain, or tear the muscles, tendons, and ligaments in the neck, shoulders, and back.
- Head and Brain Injuries: A driver or passenger’s head can strike the side window or B-pillar with great force. In a more serious crash, a rollover can lead to a severe traumatic brain injury (TBI) with long-term cognitive and physical effects.
- Broken Bones and Crush Injuries: If the side of the vehicle collapses inward, it can fracture bones in the arms, legs, hips, and ribs. If a limb is pinned, it can lead to severe crush injuries that damage muscle and nerve tissue.
Calculating the Full Financial Cost (Economic Damages)
The financial consequences of a sideswipe go far beyond the initial medical bills. Your legal team works to identify and calculate every single economic loss you have suffered, including:
- Current and Future Medical Expenses: This includes all costs related to your treatment, from the ambulance ride and emergency room visit to any surgeries, hospital stays, prescription medications, physical therapy, and future medical care you may require.
- Lost Wages and Earning Capacity: If you miss time from work while you recover, we will pursue compensation for that lost income. If your injuries are so severe that you cannot return to your previous job or must take on lighter, lower-paying work, we will seek damages for this loss of your future earning capacity.
- Property Damage: We will fight to recover the full cost of repairing or replacing your vehicle. This also includes a claim for “diminished value”—a form of compensation for the loss in your car’s resale value that exists simply because it now has an accident history, even after being fully repaired. We can also seek compensation for any other personal items in your car that were damaged, such as laptops or car seats.
The Hidden Consequence: Emotional Trauma After a Crash
The shock and fear of the collision can leave deep psychological marks that last long after the physical injuries have healed. Many people who have been through a serious crash experience significant emotional effects, such as:
- Pervasive anxiety, especially when driving or riding as a passenger in a car.
- Post-Traumatic Stress Disorder (PTSD), a condition characterized by intrusive memories, flashbacks, or nightmares about the accident.
- Depression, sadness, and a loss of enjoyment in hobbies and daily activities.
An Important Rule in California
The law acknowledges that this suffering is real. However, there is a specific requirement for recovering financial compensation for it. In California, you can generally only recover money for this type of emotional distress if it stems from a physical injury. In simple terms, for most standard car accident claims, the law requires a provable link between a bodily injury and the mental anguish you are suffering.
Frequently Asked Questions About Sideswipe Accidents
What if the sideswipe was a hit-and-run?
If the driver who sideswiped you fled the scene, you may still have a path to compensation through your own auto insurance policy. If you carry Uninsured Motorist (UM) coverage, it can be used to pay for your bodily injuries and, in some cases, property damage. Report the hit-and-run to the police as soon as possible to create a record of the crime.
What happens if both drivers try to merge into the same lane at the same time?
This is a classic complex liability scenario where fault is likely to be shared. Determining responsibility will depend on specific facts, such as which driver was slightly ahead of the other, whether both drivers used their signals, and what any independent witnesses observed. This is a perfect example of a case where California’s comparative fault rules would come into play.
Does it matter what lane I was in?
Yes, absolutely. A driver who is established in their lane of travel has the right of way. The driver attempting to enter that lane is required to yield until it is safe to proceed. Evidence that clearly shows you maintained your lane and the other driver crossed over into it is some of the strongest proof you can have that they were 100% at fault.
How long do I have to file a claim in California?
The deadlines for filing are strict. In California, the “statute of limitations” for filing a personal injury lawsuit is generally two years from the date of the accident. However, a much shorter deadline applies if the at-fault driver was working for a government entity, such as a city, county, or state agency. In those cases, you have only six months to file a formal government tort claim. Missing these deadlines can permanently bar you from recovering any compensation.
Let the Law Offices of Mickey Fine Take the Wheel
You do not have to handle the complex legal and insurance process on your own while also trying to heal from your injuries.
Let our team handle the investigation, the evidence gathering, and the negotiations with the insurance company so you can put your energy where it belongs: on your recovery, with guidance from a trusted personal injury lawyer in Bakersfield, California.
For a no-cost, no-obligation consultation to discuss your case, contact the Law Offices of Mickey Fine today at (661) 333-3333.