Sideswipe accidents can occur when a driver isn’t paying attention and makes a dangerous lane change. These collisions can cause expensive property damage and serious physical injuries. If you get into this type of car accident in Austin, it is important to know what to do to protect your legal rights during the insurance claims process. Consulting with an Austin car accident lawyer can help you navigate the complexities of the claims process and ensure you receive the compensation you deserve.
A sideswipe accident is a motor vehicle collision that occurs when the sides of two vehicles traveling in the same direction come into contact with each other. These accidents often involve vehicles that are traveling in two adjacent lanes on a multilane highway. If one driver attempts to change lanes without doing so safely and correctly, he or she may run into the side of the adjacent vehicle.
Sideswipe collisions are typically preventable. They occur most often when a driver does not pay enough attention when merging onto a highway or switching lanes. If one driver attempts to change lanes while distracted or without checking blind spots, he or she may hit the side of another vehicle.
Common mistakes made by drivers that lead to sideswipe accidents include speeding, misjudging the distance or speed of other vehicles, failing to signal, driving while distracted, driving under the influence, and drowsy driving.
There are specific laws in place for how lane changes must be executed to ensure the safety of all those involved. Texas Transportation Code § 545.060 states that when driving on a roadway divided into two or more lanes, a driver may not move from a single lane unless the movement can be made safely.
In general, a safe lane change requires a driver to signal his or her intent to switch lanes, scan the destination lane to make sure it is clear, and change lanes while maintaining a speed that matches the speed of other vehicles. If a driver carelessly, negligently, or recklessly makes a lane change and causes a sideswipe collision, he or she can be held liable.
Liability, or legal and financial responsibility for an accident, rests with the at-fault driver after a car accident in Texas under the state’s at-fault insurance law. In general, in a sideswipe accident case, the at-fault driver is the one who made an unsafe lane change or was otherwise breaking a traffic law at the time of the crash.
If a sideswipe accident occurs when both drivers are attempting to change lanes, liability might be shared between them. According to state law, the driver switching lanes from the right must yield to the driver switching lanes from the left. If the lane change was simultaneous, both drivers may assume a proportion of fault. Under Texas’s contributory fault law, this would reduce the victim’s financial award accordingly.
If you get involved in a sideswipe accident in Texas, get medical care for your injuries right away. Exchange information with the other driver and take photographs of the accident scene, if possible, before you leave. Call law enforcement to obtain a police report. Do not admit fault for your accident. Call your car insurance company to report the crash. Then, contact an Austin personal injury lawyer from FVF Law Firm – Injury & Wrongful Death Lawyers to help you pursue justice and maximum compensation from the at-fault driver.
After a sideswipe accident, prioritize safety by moving to a safe area if possible, and check for injuries. Call the police to file an accident report, exchange information with the other driver, and take photos of the damage and accident scene. Also, seek medical attention, even if you feel uninjured, as some injuries may appear later.
While not required, working with an attorney after a sideswipe accident can be beneficial, especially if there are disputes about fault or if you have significant injuries. An attorney can help gather evidence, negotiate with insurance companies, and advocate for fair compensation for your damages.
After a sideswipe accident, you may be eligible to recover damages such as medical bills, lost wages, property damage, pain and suffering, and other related expenses. An attorney can help evaluate your case and pursue the full amount of compensation available.
In Texas, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. Acting promptly is essential to protect your right to pursue compensation, as missing this deadline could prevent you from recovering damages.
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