
Statistics show that New Jersey drivers experience accidents while on the road, sometimes due to no fault of their own. When a car is hit laterally by another car, side to side, it is known as a sideswipe. Sideswipe accidents most frequently occur when both vehicles are moving in the same direction, and one car invades the lane of the other, impacting the adjacent side of the vehicle. Less often, these accidents occur when cars move in opposite directions. The danger of sideswipe accidents is their ability to cause one or both cars to veer sharply, crashing into other vehicles or fixed objects such as cement barriers, road signs, trees, guardrails, and barrels.
Proactive Measures After Being Involved in a Sideswipe Accident in NJ
When you are in an accident, your first concern should be for your safety and that of your passengers. Evaluate all injuries before attempting to get out of the car. Adrenaline coursing through your veins at the time of the accident could mask a possible injury, so take your time and check everyone for injuries carefully. If possible, move your car out of traffic to the side of the road. Keep your hazard lights on, place reflecting triangles to warn other drivers, and use a fluorescent reflective vest from your car’s emergency kit.
The next step is to call for help by calling 911. If medical assistance is needed, request an ambulance as well. Wait for help to arrive. You should never leave the scene of an accident until the police are there and taken your statement.
If possible, document as much of the scene as you can. Take photos and videos of both vehicles and the damage suffered. Photograph the surrounding area, including the weather and road conditions that could have contributed to the accident. Obtain the other driver’s insurance information and take down the contact information of all potential witnesses.
Hiring a personal injury lawyer is a smart move. Our team can help you file a claim and deal with the insurance company to make sure you are treated fairly.
Prevention Strategies to Reduce Your Risk of Being in Sideswipe Crash
It is no secret that distracted driving is the principal cause of vehicle accidents. Eating, smoking, putting on make-up, texting, drowsy driving or other actions that take attention from the road can instantly lead to trouble. Driving under the influence of alcohol, prescription medications, or illicit substances is another cause. Speeding, racing, reckless driving, and aggressive driving are dangerous to everyone on the road. However, the most common driving offenses related to sideswipe accidents, in particular, involve appropriate lane changes and merging.
Failing to signal a lane change, frequently changing lanes, or crossing several lanes simultaneously can cause an accident. Road conditions such as saturated or icy roads can lead to an accident. Mechanical problems such as faulty brakes or steering mechanisms can cause an accident. But the most significant problem is a lack of courteous and defensive driving. Incidents of road rage, such as speeding up to prevent a car from entering a lane, refusing to allow a driver to change lanes, and swerving into an adjacent vehicle as a scare tactic, are all behaviors that can result in serious injury. When this happens to you and you suffer harm after being sideswiped, it is imperative to explore your legal options to recover compensation.
Typical Injuries when Cars Collide Sideways
Injuries to the head and neck, such as whiplash, a concussion, or Traumatic Brain Injury (TBI), can occur in this type of crash. Sprains and strains of muscles and other soft tissues and lacerations caused by broken glass are common. An accident involving a significant amount of force can cause broken bones in the extremities or ribs. Shoulder and hip injuries are frequently the result of being on the side of the vehicle that received the impact. Spinal cord or injured vertebrae are serious injuries that can occur as well as internal injuries caused by blunt force trauma. If the airbags are deployed, they can cause burns and other impact injuries. Many accident victims suffer from psychological trauma such as PTSD, anxiety, depression, insomnia, and panic attacks, requiring therapy to work through their trauma.
Who Bears the Financial Responsibility After a Sideswipe Accident in New Jersey?
New Jersey’s insurance program is no-fault, which means it does not matter which driver was to blame, a person’s policy will cover their medical expenses, property damage, and some economic losses based on the limits of their policy. Drivers can choose a policy with a limited right to sue based on the severity of the injuries or an unlimited right to sue for further amounts, including pain and suffering and non-economic losses.
New Jersey also has laws regarding comparative negligence (Comparative Negligence Act N.J.S.A. 2A:15-5-2), which indicate that an individual’s ability to collect damages for an accident is directly related to the amount of fault they had in causing it. The insurance company will investigate to determine each driver’s fault percentage. By analyzing police reports, witness statements, vehicle damage, and driver/passenger testimony, they will decide who was to blame and to what degree, if any.
For example, Misty is in the far-right lane of the highway, preparing to exit in a few miles during rush hour. Dimitri is merging onto the highway and sees Misty. Assuming she will slow down to let him in. Misty sees Dimitri but does not want to slow down and let him in, so she speeds up, as he moves into her lane, causing a collision. An investigation assigns 80% of the fault to Dimitri for failing to yield and 20% to Misty for not avoiding the accident by slowing down and creating the necessary room. If Misty’s total damages were $15,000, she would receive $12,000. Any losses Dimitri claims would be reduced by 80%.
Legal and Insurance Implications for Victims who get Sideswiped
If you are the victim of a sideswipe car accident, you could be entitled to monetary damages for the economic and non-economic losses you have suffered. Although not all cases are the same, most people are surprised to find they are entitled to compensation for their injuries and property damage.
The statute of limitations for a personal injury claim runs out in two years. Suppose you are unsatisfied with the insurance company’s offer. In that case, you can file a personal injury suit and possibly receive a settlement to cover your property damage, medical costs, lost wages, emotional distress, and pain and suffering.
Talk to an Attorney at Cohen & Riechelson about Your Options after Being in a Sideswipe Accident in New Jersey
Being involved in a sideswipe accident in New Jersey can turn your life upside down in an instant. The experienced attorneys at Cohen &Riechelson, can help you explore your legal options and navigate the challenges of the legal landscape while recovering from the unexpected. We would like to believe that insurance companies are there to help us when there is an accident, and to a certain extent, that is true. But when you feel they deny or undervalue your claim or blame you for the accident, and you know it wasn’t your fault, our attorneys can take up the baton and run the race for you.
Our team will analyze the accident and gather all necessary proof, such as witness statements, police reports, and photographs. We will speak with your doctors and other medical professionals to determine the severity of your injuries and the projected treatment plan for your recovery. Our dedicated car accident lawyers will also negotiate your claim and prepare legal documents for possible litigation. If need be, we will take your case to court to get you the best possible settlement.
All in all, we know how frightening having a car accident can be. There are so many factors to consider after an accident, and our attorneys are here for you after being sideswiped in Mercer County and throughout New Jersey, including Titusville, Princeton, West Windsor, Trenton, Hamilton, Pemberton, Burlington, Edison, and South Brunswick. We will meet with you and address your concerns. We have successfully helped many clients and are passionate about protecting your rights. Personal injury cases require the experience and knowledge that we provide, especially regarding something as devastating as a sideswipe accidents.
We want to get you the compensation you are entitled to. Our focus is on making you whole again as completely and quickly as possible. We work on most of these kinds of cases on contingency, which means you don’t pay if we don’t win. Contact us to learn how our firm can help you recover from your accident. Call (609) 528-2596 today for a free consultation with an attorney.