Who Is the At-Fault Party in a Fort Worth Sideswipe Crash

By Anderson, Cummings & Drawhorn, LLP on May 23, 2024

view of heavy traffic, side by side

Sideswipe crashes often happen when another driver attempts an unsafe lane change, colliding with another vehicle traveling in the same direction. The at-fault party in this situation is often the driver attempting to change lanes, but liability is not always straightforward.

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Anderson, Cummings & Drawhorn, LLP‘ Fort Worth auto accident lawyers talk about sideswipe crashes and who may be at fault for any resulting damages. We also discuss how these collisions may happen and the type of injuries that often occur as a result.

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How Is Fault Determined for a Sideswipe Crash in Fort Worth?

In a sideswipe collision, the liable party is most often the driver attempting to change lanes. That said, a crash investigation will still need to take place, because fault cannot be assumed. It must be proved.

When the Driver Changing Lanes Is At Fault

Drivers changing lanes are supposed to check the lane for traffic before making the move. They are also supposed to signal to alert other drivers of their intentions. Some drivers may signal at the last second while they are mid-changing lanes. However, this does not count as it does not give other drivers time to react.

Other ways drivers changing lanes may end up causing a sideswipe crash include:

  • Darting in and out of lanes without signaling or properly checking for traffic
  • Relying too heavily on vehicle safety features, such as lane assist
  • Failing to fully check blind spots before signaling and beginning to change lanes
  • Driving too fast for weather and losing control of his or her vehicle
  • Aggressively cutting another driver off, often because of road rage
  • Drifting into another lane without realizing it, often due to texting or other distractions
  • Failing to make sure there is enough room to safely make the lane change
  • Driving while under the influence of alcohol or other substances

Is the Driver Changing Lanes Always the At-Fault Party for a Crash?

Usually, the driver changing lanes is at fault, but not always. The driver in the destination lane can be at least partially at fault as well.

Some common ways the driver not changing lanes can be to blame include:

  • Deliberately speeding up to try to keep the other driver from getting in front
  • Not paying attention while driving in another driver’s blind spot
  • Slowing down at the same time a driver is attempting to enter the lane behind them

What Are Some Other Causes of Sideswipe Crashes?

There are a couple of other ways that sideswipe crashes may happen. Drivers merging into traffic is a very common cause of this type of crash. Drivers merging into traffic have a legal duty to check for oncoming traffic and make sure they have enough time to complete the merge.

In some sideswipe crashes, both drivers may share some fault, such as if they simultaneously switch lanes to enter a center lane.

What Injuries May Result From a Sideswipe Crash?

Sideswipe crashes can cause various injuries due to the nature of the impact. Some of the most common injuries caused by this type of collision may include:

Whiplash

The sudden impact can cause the neck to snap back and forth, leading to whiplash. Symptoms include neck pain, stiffness and headaches.

Head Injuries

Passengers may hit their heads against the window or side of the car, leading to concussions or other traumatic brain injuries.

Shoulder and Arm Injuries

The force of the impact can cause shoulder dislocation, fractures, or bruises. Arms may also suffer injuries if they are braced against the door.

Rib and Chest Injuries

The side impact can cause chest pain due to rib fractures or severe bruising. In some cases, the impact can damage internal organs like the lungs or heart.

Back and Spine Injuries

The sudden jolt can cause spinal injuries, ranging from minor sprains to serious conditions like herniated discs or spinal fractures.

Abdominal Injuries

The force can compress the abdomen, leading to injuries to internal organs such as the spleen, liver, or kidneys.

Hip and Leg Injuries

The impact may cause hip fractures or dislocation. Legs may be injured if they are braced against the side of the car, leading to fractures, sprains or bruises.

Cuts and Bruises

Broken glass or impact with parts of the car can cause cuts and bruises on various parts of the body.

Psychological Trauma

The sudden and violent nature of a sideswipe crash can lead to emotional and psychological trauma, including anxiety and PTSD.

It is crucial to seek medical attention immediately after a sideswipe crash, even if injuries are not immediately apparent, to ensure proper diagnosis and treatment.

Call Our Trusted Law Firm To Discuss Your Fort Worth Car Crash

After being injured in a collision, trying to figure out what to do next can be overwhelming, especially if you were injured. There is no reason to go through this experience alone, however.

At Anderson, Cummings & Drawhorn, LLP, we have the resources to fully manage your case. Since we take car crash cases on contingency, you pay no upfront costs or fees. This means we only get paid if you do.

Deadlines apply in Texas, so injured victims have just two years from the date of the accident or injury to file a lawsuit to recover damages from a negligent party. We recommend seeking legal help sooner than later, as your attorney needs time to build a strong case on your behalf.

Experienced lawyers you can trust. (817) 920-9000

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.

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