Fayetteville Sideswipe Crash Attorneys
Sideswipe accidents can end in disaster depending on what happens after your vehicle has been sideswiped. These types of accidents happen far more often than we may think, despite the duty that all drivers have to follow the rules of the road and all applicable laws.
One of the major laws is that traffic is to remain in its lane until it is safe to make a lane change. It is not safe to switch lanes without being aware and alert of all traffic in the vicinity, including right next to the vehicle you may be driving. In most cases, a sideswipe accident happens when two vehicles are traveling in the same direction, but one driver swipes or hits, or grazes the side of the other car.
At the Law Office of Jason M. Hatfield, we cannot emphasize enough that it is a smart move to discuss your sideswipe accident with a skilled Fayetteville sideswipe crash attorney. We listen closely to your story, discuss the circumstances, outline your legal rights, and explain what happens if you wish to file a personal injury claim seeking compensation for any injuries you may have.
What Happens After a Fayetteville Sideswipe Car Accident
Negligence is the underpinning of all personal injury accidents, insurance claims, and litigation relating to accidents. The determination of liability or negligence is a result of investigating and gathering evidence related to your case.
After a sideswipe wreck, drivers mostly rely on their recollection at the time of what transpired, backed up wholly or partially by the physical evidence left behind. While witnesses can be helpful, there is the issue of each witness providing a different version of what they felt they witnessed. Even though a witness has good intentions, they may also add in facts that did not happen. Overall, this means it is difficult to figure out just who is liable for the crash, and what percentage of responsibility each driver may have had in causing the accident.
When the police arrive on the scene, they typically search for cameras in the area and/or dashcam evidence from drivers or local businesses at the scene. This information helps them write a report in which one or both drivers are apportioned liability for the accident. This is important to note, as the police report is something the insurance companies want and use to handle claims submitted later. Insurance adjusters would rather reduce or deny a claim than pay out too much money.
Common Causes of Sideswipe Accidents in Fayetteville
Sideswipe accidents can happen on busy highways where vehicles are traveling at higher speeds, making the force of an impact even more deadly. Additionally, the driver who realizes they are going to be hit may swerve out of the way of the other vehicle. This can cause the driver to take evasive action to avoid hitting another vehicle. This can quickly turn into a multi-vehicle crash.
There are numerous reasons for sideswipe accidents, but usually, the leading causes in Arkansas include:
- DWI/DUI;
- Road rage;
- Reckless driving;
- Unsafe lane changes;
- Distracted driving;
- Falling asleep; and
- Driving aggressively.
It is fairly clear that the driver who attempted to change lanes and did so without due care and attention is considered to be responsible, or liable, for the resulting sideswipe crash. While some accidents of this nature are clear-cut, not all of them are if there are multiple vehicles involved. This is why speaking with an experienced sideswipe accident attorney is crucial to ensuring you obtain the medical treatment you need and fair compensation for your serious injuries.
Bringing a Personal Injury Fayetteville Sideswipe Crash Claim
Here’s what you need to know about bringing a personal injury Fayetteville sideswipe crash claim. It is up to you, the plaintiff, to demonstrate, based on a preponderance of the evidence, that the other driver or drivers were negligent, which caused your accident injuries.
The evidence that needs to be submitted includes proving the presence of a legal duty, a breach of carrying out that duty, and that the breach resulted in your bodily injuries and damages. At the Law Office of Jason M. Hatfield, we explain each of the critical elements and how they work to lay the ground for your Fayetteville sideswipe crash accident.
For instance, a plaintiff needs to prove that the other driver did have a responsibility to stay in their lane, not changing lanes until the one next to them was clear. If the first premise is proven, the second follows that the other driver failed to adhere to their responsibility to follow all applicable traffic and safety rules of the road. Or in other words, their actions caused the sideswipe accident.
If the rules of the road were not followed and a crash happened, then the severity of the injuries sustained, how the accident happened, and other relevant evidence is pieced together to determine possible compensation. At the Law Office of Jason M. Hatfield, we can give you a reasonable estimate of the compensation you may receive for your claim, however, ultimately, it depends on the evidence in the case.
What’s Involved in a Fayetteville Sideswipe Crash Investigation?
You need to get a copy of the accident report, all of your medical records and receipts, and any other documents relating to the accident. The scene of the crash needs to be closely inspected to determine the real cause of the crash. This is typically done by a traffic accident reconstructionist. It also helps to find video evidence of the crash and accident scene.
It is also helpful to canvass for witnesses and once locating them, set up interviews for documenting their memories of the crash they saw. Your Fayetteville sideswipe crash attorney will work with the accident reconstruction team, contact and hire any experts needed to testify at a possible trial, and document all of your injuries and damages.
Your attorney will also spend a great deal of time analyzing physical evidence. Although a piece of a vehicle may look like a damaged side panel; it may tell other stories vital to your personal injury lawsuit.
It is important to note that there is a statute of limitations in Arkansas for filing a Fayetteville sideswipe accident claim. In Arkansas, you have three years to get started according to Ark. Code Ann. § 16-56-105. Should you miss the deadline for filing, your case can be barred from court.
Contact The Fayetteville Office of Jason M. Hatfield Today
The vast majority of Fayetteville sideswipe crashes do not go to court and are often settled as a result of negotiations led by one of the sideswipe crash attorneys at the Law Office of Jason M. Hatfield. However, if the insurance company does not wish to cooperate or make a reasonable offer, we are prepared to take your case to trial.
If you were involved in a Fayetteville sideswipe crash, call us at the Law Office of Jason M. Hatfield at (479) 361-3575. Our dedicated team of sideswipe accident lawyers is here to help.
Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: (479) 361-3575.