When two vehicles traveling side by side collide, the resulting impact can cause devastating injuries and complex liability disputes. These crashes occur in seconds but create lasting consequences for victims. Insurance companies often dismiss sideswipe collisions as minor fender-benders, ignoring the severe whiplash, head trauma, and secondary crashes that frequently follow the initial contact.
The attorneys at Kuzyk Personal Injury & Car Accident Lawyers know the truth about these accidents. With years of experience representing Bakersfield residents, we understand the serious nature of sideswipe collisions and the tactics insurers use to minimize your claim.
Our bilingual team provides comprehensive legal support on a contingency basis, ensuring you pay nothing unless we secure compensation for your injuries. Call us today for your free case evaluation.
A sideswipe accident can leave you confused about what happened and who is responsible for your injuries.
These crashes often seem minor at first, but they can cause severe damage to both your vehicle and your body. Insurance companies usually attempt to minimize these claims, arguing that the accident was too minor to have caused significant harm.
At Kuzyk Personal Injury & Car Accident Lawyers, we understand the actual impact of sideswipe collisions. We have Bakersfield residents recover compensation after these deceptive accidents. Our team offers free consultations, works on a contingency fee basis, and provides services in both English and Spanish.
What Is a Sideswipe Collision?
A sideswipe collision occurs when the sides of two vehicles come into contact while traveling. This typically happens when one driver changes lanes unsafely or drifts out of their lane. The vehicles scrape against each other, often causing damage along the entire side of one or both cars.
These accidents are common on Bakersfield’s busy highways, such as Highway 99 and Highway 58. They also occur frequently on multi-lane city streets during rush-hour traffic. While the initial contact may seem minor, sideswipe accidents often trigger dangerous secondary events.
The real danger comes after the initial impact. One driver may overcorrect their steering, causing their vehicle to spin out of control. This can lead to rollovers, head-on collisions with oncoming traffic, or crashes into guardrails and other roadside hazards.
Common Causes of Sideswipe Accidents in Bakersfield
Most sideswipe accidents happen because one driver acts carelessly or breaks traffic laws. Understanding the cause of your accident helps us build a stronger case for compensation.
Unsafe Lane Changes
The most frequent cause of sideswipe accidents is improper lane changing. California law requires drivers to make sure a lane change can be completed safely before moving over. When drivers fail to follow this rule, they put everyone at risk.
Common lane change violations include:
Blind spot failures:
Not checking mirrors and blind spots before changing lanes
Missing signals:
Failing to use turn signals to warn other drivers
Cutting off other vehicles:
Moving into spaces that are too small
Sudden lane changes:
Making abrupt moves without giving other drivers time to react
Distracted Driving
Any activity that takes a driver’s attention away from the road increases the risk of drifting into another lane. Modern vehicles are filled with distractions that can cause drivers to lose focus on their lane position.
Distracted driving behaviors that lead to sideswipes include texting while driving, adjusting GPS systems, eating or drinking, talking to passengers, and reaching for objects in the car. Even a few seconds of inattention can cause a vehicle to drift several feet out of its lane.
Impaired and Drowsy Driving
Drunk driving, drug impairment, and fatigue all affect a driver’s ability to stay in their lane. These impairments slow reaction times and reduce the fine motor control needed for safe driving. Impaired drivers often weave between lanes or drift gradually into adjacent traffic.
Drowsy driving is hazardous because drivers can experience microsleeps lasting several seconds. During these brief episodes, a vehicle can travel hundreds of feet without any driver control.
Aggressive Driving Behaviors
Some drivers cause sideswipe accidents through aggressive actions, such as speeding, tailgating, and weaving through traffic. These behaviors leave no margin for error when something unexpected happens.
Road rage incidents can also lead to intentional sideswipe collisions when one driver tries to force another off the road.
Who Is at Fault in a Sideswipe Accident?
Determining fault in a sideswipe accident requires careful analysis of the evidence. California law provides clear rules about lane changes and driver responsibilities that help establish liability.
Lane Change Laws and Liability
California law places the primary responsibility for safe movement on the driver making the lane change.
Driver’s Duty When Changing Lanes
California Vehicle Code Section 22107 requires drivers to signal before changing lanes. Furthermore, the law mandates that drivers must ensure the movement can be made with a Reasonable safety standard.
This establishes that the driver changing lanes has the primary duty to avoid collisions.
Lane Usage and Fault
Vehicle Code Section 21658 requires drivers to stay in the designated lane unless changing lanes safely. When one driver crosses lane markings and hits another vehicle, they are typically considered at fault under the Lane-crossing fault rule.
However, there are Exceptions to the fault rule.
Comparative Negligence
California follows a Pure comparative negligence system.
The Two-year statute of limitations for personal injury cases in California generally runs two years from the date of the accident.
If a government employee caused your accident, you may have only a Six-month government deadline to file a claim against the government entity.
How We Investigate Sideswipe Accidents
Building a strong case for a sideswipe accident requires a detailed investigation and the collection of evidence. We begin this process immediately to preserve crucial evidence before it disappears.
Physical Evidence Analysis
The damage to both vehicles tells a crucial story about how the accident occurred. We examine paint transfer patterns, scrape marks, and the location of damage to determine which vehicle crossed into the other’s lane of travel.
Key physical evidence includes:
Paint transfer direction:
Shows which vehicle was moving laterally
Damage location:
Indicates the point of initial contact
Tire marks:
Reveal steering inputs and braking patterns
Vehicle positions:
Help reconstruct the accident sequence
Electronic Data and Recordings
Modern vehicles are equipped with electronic data recorders that capture information about speed, steering, and braking in the moments leading up to a crash. We work quickly to preserve this data before it gets overwritten.
Many vehicles also have advanced safety systems that may have recorded warnings or automatic interventions.
Traffic cameras and business security cameras often capture sideswipe accidents. We identify and preserve any available video footage that shows how the accident occurred. Dashboard cameras from either vehicle or nearby cars can provide crucial evidence.
Witness Statements and Police Reports
Independent witnesses provide valuable third-party accounts of what they saw. We locate and interview witnesses while their memories are fresh. Their statements can corroborate the physical evidence and support our version of events.
Police reports contain the responding officer’s initial assessment of the accident. While not always admissible in court, these reports carry significant weight in insurance negotiations. We review the report carefully and challenge any inaccuracies that could hurt your case.
Injuries From Sideswipe Collisions
Sideswipe accidents can cause both immediate injuries from the initial impact and more serious injuries from secondary collisions. The sideways forces involved in these crashes affect the body differently than front or rear impacts.
Initial Impact Injuries
The first contact in a sideswipe accident often causes injuries to the side of the body closest to the impact. Passengers on the impact side face the highest risk of injury from the initial collision.
Common initial impact injuries include shoulder injuries from the seatbelt and door contact, neck strains from the sideways jerking motion, cuts from broken glass, and bruising from airbag deployment. These injuries may seem minor at first, but can develop into chronic pain conditions or even catastrophic injuries.
Secondary Impact Injuries
The most serious injuries often occur when a driver loses control after the sideswipe. Secondary impacts with other vehicles, guardrails, or fixed objects can cause catastrophic injuries.
Serious secondary impact injuries include:
Traumatic brain injuries:
Traumatic brain injuries from head impacts during rollovers or secondary collisions
Spinal cord injuries:
Can cause partial or complete paralysis
Internal organ damage:
From blunt force trauma to the chest and abdomen
Broken bones:
Especially in the arms, legs, and ribs
Burn injuries:
If the fuel system is damaged and fire occurs
The combination of initial and secondary impacts makes sideswipe accidents more dangerous than they initially appear. Even minor sideswipes can result in life-changing injuries when the driver loses control.
What to Do After a Sideswipe Accident
Taking the right steps immediately after a sideswipe accident protects your health and strengthens your legal claim. Your actions in the first few minutes and hours can significantly impact the outcome of your case.
Immediate Safety Steps
Your priority is ensuring everyone’s safety. Check yourself and your passengers for injuries, even if they seem minor. Call 911 if anyone is hurt or if the vehicles are blocking traffic.
Move your vehicle out of traffic if possible, but leave it where it stopped if anyone is injured. Turn on your hazard lights and set up flares or reflective triangles, if available. This prevents additional accidents from occurring.
Evidence Collection
Document the accident scene thoroughly while waiting for the police to arrive. Take photos of both vehicles from multiple angles, showing the damage and the position of each vehicle. Photograph the roadway, including any skid marks, debris, or traffic signs.
Get the other driver’s name, contact information, insurance company, and policy number. Also collect their driver’s license number and vehicle information, including make, model, year, and license plate. If there are witnesses, get their contact information as well.
Medical Attention and Documentation
Seek medical attention even if you feel fine immediately after the accident. Adrenaline can mask pain and injury symptoms that may not appear for hours or days. Having medical records from right after the accident strengthens your injury claim.
Follow up with your doctor if you experience any pain or discomfort in the days following the accident. Document all medical treatment and keep copies of all medical records and bills related to your injuries.
Compensation Available for Sideswipe Accidents
California law allows accident victims to seek compensation for all losses caused by another driver’s negligence. The amount of compensation depends on the severity of your injuries and their impact on your life.
Economic Damages
Economic damages compensate you for your financial losses. These damages are typically easier to calculate because they involve specific dollar amounts.
Your economic damages may include current and future medical expenses, lost wages from time off work, reduced earning capacity if you cannot return to your previous job, property damage to your vehicle and personal belongings, and rehabilitation and therapy costs. We work with medical experts and economists to calculate the full extent of your future financial losses.
Non-Economic Damages
Non-economic damages compensate you for the physical pain and emotional suffering caused by the accident. These damages acknowledge that some losses cannot be measured in dollars but are nonetheless very real.
Non-economic damages include physical pain and suffering, emotional distress and anxiety, loss of enjoyment of life activities, disfigurement from scars or other permanent injuries, and loss of consortium for your spouse. California law requires that emotional distress damages be tied to physical injuries from the accident.
Punitive Damages
Punitive damages are awarded in rare cases where the defendant’s conduct was particularly egregious. These damages are meant to punish the wrongdoer and deter similar behavior. Punitive damages might be available if the other driver was highly intoxicated, fled the scene, or intentionally caused the accident.
Dealing With Insurance Companies
Insurance companies often try to minimize sideswipe accident claims by arguing that the damage was too minor to cause serious injuries. They may pressure you to accept a quick settlement before you understand the full extent of your injuries.
Common Insurance Company Tactics
Insurance adjusters employ various tactics to minimize claim payouts. They may claim your injuries were pre-existing, argue that you were partially at fault, or rush you into a settlement before you have fully recovered.
Adjusters often request recorded statements soon after the accident when you may still be in pain or on medication. They may also request medical records dating back many years, seeking any prior injuries that could be used to blame for your current condition.
Why You Need Legal Representation
Having an experienced Bakersfield sideswipe accident lawyer levels the playing field with insurance companies. We handle all communications with the insurance company, protecting you from tactics designed to reduce the value of your claim.
Our lawyers understand the actual value of sideswipe accident cases and fight for full compensation. We thoroughly investigate to build the strongest possible case and negotiate aggressively to secure the settlement you deserve.
Why Choose Kuzyk Personal Injury & Car Accident Lawyers
Our Bakersfield sideswipe accident lawyers have decades of experience handling these complex cases. We understand the unique challenges these accidents present and know how to overcome the resistance of insurance companies.
Kuzyk Personal Injury & Car Accident Lawyers has served the Bakersfield community for over 40 years. We have Bakersfield residents recover compensation after these deceptive accidents. Our team includes dedicated professionals who live and work in the communities we serve.
We offer personalized attention to every client, treating you as a person rather than a case number. Our lawyers are available 24/7 to answer your questions and provide updates on the progress of your case.
Our Proven Track Record
Our success in sideswipe accident cases speaks for itself. We have recovered millions of dollars for clients injured in car accident cases, including these deceptive sideswipe collisions. Our verdicts and settlements demonstrate our commitment to getting maximum compensation for our clients.
We work on a contingency fee basis, which means you pay nothing unless we win your case. This arrangement enables you to obtain top-quality legal representation without incurring upfront costs or hourly fees.
Bakersfield Sideswipe Accident FAQs
Can I Still Recover Compensation If I Was Partially at Fault for the Sideswipe?
Yes, California’s comparative negligence law allows you to recover damages even if you were partially responsible for the accident. Your percentage of fault will reduce your compensation, but you can still collect the remaining amount from the other driver.
How Long Do I Have to File a Sideswipe Accident Lawsuit in California?
You generally have two years from the date of the accident to file a personal injury lawsuit. However, if a government employee caused the accident, you may have only six months to file a claim. It is essential to contact an attorney as soon as possible to protect your rights.
What Should I Do If the Other Driver Left the Scene After the Sideswipe?
If the other driver fled the scene, immediately call the police to report the hit-and-run. Document everything you can remember about the other vehicle and driver. You may be able to recover compensation through your own uninsured motorist coverage, even in a hit-and-run situation.
Contact a Bakersfield Sideswipe Accident Lawyer Today
Do not let insurance companies take advantage of you after a sideswipe accident. The experienced attorneys at Kuzyk Personal Injury & Car Accident Lawyers are ready to fight for the compensation you deserve.
We offer free consultations to discuss your case and explain your legal options. During this meeting, we will review your claim and provide honest advice on the best course of action to take. You will pay no attorney fees unless we successfully recover compensation on your behalf.
Our Bakersfield office is conveniently located at 5300 California Ave, Suite 220. Our team is available to assist you and provides services in both English and Spanish.
Call us today to schedule your free consultation. Let our experienced sideswipe accident lawyers handle the legal details while you focus on your recovery. We are here to help you get the justice and compensation you deserve.”
