Brauns Law Accident Injury Lawyers, PC | | Car Accidents
Recovering Compensation From Sideswipe Collisions
The most common thought after a motor vehicle collision is “I didn’t see it coming.” This short phrase is often used to describe how an accident “comes out of nowhere.” And, it is frequently the first line of defense in deflecting fault.
As any law professional will tell you, however, most accidents don’t “come out of nowhere.” Usually, one or both drivers may do something to cause an otherwise preventable accident.
If there’s any accident where the phrase is the most conceivable, it’s a sideswipe collision. Sideswipe accidents often take both drivers involved by surprise. A sideswipe collision happens when two vehicles “swipe” each other on the side. This type of accident typically happens while the drivers are driving in the same direction. Usually one car is positioned in the other driver’s blind spot.
While these accidents may not seem as dangerous as other types of accidents, they lead tohundreds of fatalities every year. If you were in a sideswipe accident, an experienced car accident attorney may help.
What Causes Sideswipe Collisions?
Accidents don’t just happen. According to the Georgia Department of Transportation,70 percent of traffic fatalities are the result of unsafe driving practices. This is often the case with sideswipe collisions. The most common causes of sideswipe collisions include:
Distracted driving: Historically, distracted driving has been a major problem in Georgia. In one recent year, there were over 11,000 distracted driving convictions. According to the National Highway Traffic Safety Administration (NHTSA), people who drive while on the phone arefour times more likely to cause an accident. Drivers who text and drive increase the risk of accidents by 23 percent. Driving while on the phone is not only dangerous, it’s illegal. In 2018, the state passed legislation prohibiting the use of mobile devices while driving.
Driving under the influence: Alcohol and drugs can affect a driver in many ways. One of the ways an officer can recognize a drunk driver is by their erratic driving behavior. Drivers under the influence may drift in and out of their lane, potentially causing a sideswipe collision.
Reckless driving: Sometimes accidents are caused by recklessness or just poor driving behaviors. A driver in a hurry may speed down the lanes and cut in front of other drivers. Typically, the goal is to pass other slower vehicles. However, reckless driving is a dangerous behavior that commonly leads to accidents.
Merging: Merging is another common cause of sideswipe collisions. Accidents on highway off-ramps can happen when a driver feels rushed or when they are unable to observe cars in their blind spot.
Blind spots: All vehicles have blind spots. Blind spots are particularly problematic for larger vehicles. If a driver is unable to see the other vehicle, they may begin to merge into the path of oncoming traffic.
Why Are Sideswipe Collisions so Dangerous?
Sideswipe accidents are often dismissed as minor accidents. However, this is not always the case. Sideswipe accidents frequently have serious and deadly consequences. There are a few notable factors that put drivers at risk, including:
Secondary accidents: Depending on the speed of the vehicles, a sideswipe accident can cause one or both of the drivers to lose control of their vehicle. This can cause the vehicles to collide with another vehicle or a fixed object.
Inadequate protection: Vehicles are equipped to protect drivers and passengers in the event of an accident. The front and rear of cars are equipped with zones intended to absorb the force of the collision. However, drivers are more vulnerable on the side of the vehicle. Although many cars now have side airbags, this may not be enough in a serious accident.
Common Injuries After a Sideswipe Collision
Motor vehicle accidents continue to be one of the leading causes of accidental injuries in the country. The force of impact can throw the vehicle occupants against objects in the vehicle, causing serious injury. Wearing a seatbelt substantially lowers your risk of serious injury in an accident. According to the Georgia Department of Transportation, 59 percent of occupants killed in a motor vehicle accident were not wearing a seatbelt.
Some of the most common injuries include:
Traumatic brain injury (TBI): Traumatic brain injuries are the result of a substantial force to the head or a penetrating injury. In car accidents, this can happen when the head hits the window, steering wheel, or other fixed objects within the vehicle. TBIs can be life-threatening injuries and need immediate treatment. Symptoms to watch out for include headaches, dizziness, loss of consciousness, and mood changes.
Broken bones: Broken bones commonly result from car accidents. For sideswipe accidents, the force of the airbag or the other vehicle can hit the thorax, causing broken ribs, which can be dangerous if they puncture the lungs.
Spinal cord injuries: Like traumatic brain injuries, spinal cord injuries happen after a major trauma. Just a hard hit can cause permanent injury. Spinal cord injuries usually result in full or partial paralysis. Go to the doctor right away if you have trouble moving, or experience extreme pain, numbness, or tingling.
Cuts and lacerations: Cuts and lacerations don’t usually require extensive medical attention. These injuries can happen when the body scrapes across an object or comes in contact with broken glass. If the bleeding does not stop, the cut looks deep, or you have difficulty moving, seek medical treatment.
How to Prevent Sideswipe Collisions
Most accidents are caused by a driver’s negligence. The best way to prevent an accident is to drive safe and be smart. While you can’t change the actions of others, you can take steps to keep you safe, including:
Checking your blind spots: Always check your blind spots before you change lanes or merge. Don’t just rely on your mirrors. A quick glance behind your shoulder can reveal vehicles your mirror may not show.
Being alert: You always need to be aware of other drivers. Sometimes anticipate a driver’s moves before they even happen. Check your mirrors frequently to know what vehicles are around you. If you see someone driving recklessly or seemingly drunk or distracted, stay back and report and dangerous behavior.
Using turn signals: Your turn signal indicates to other drivers that you plan to change lanes. If you begin to move and the other driver does not know your intentions, they cannot respond appropriately.
How a Car Accident Lawyer Can Protect Your Rights
Accidents are scary. If you or a loved one has been in an accident, you deserve a fair and just settlement. Sideswipe accidents can be tricky. Because of the nature of the accident, the parties often dispute fault. After a sideswipe accident, then, especially if you you have questions, contact an experienced car accident attorney.
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What does an accident injury lawyer typically handle?
An accident injury lawyer typically handles cases involving personal injuries resulting from accidents, including car collisions, slips and falls, and workplace injuries, ensuring clients receive the compensation and support they need to recover.
Can accident injury lawyers help with insurance claims?
Accident injury lawyers can significantly assist with insurance claims. They have the expertise to navigate the complexities of insurance companies, ensuring you receive the compensation you deserve for your injuries and losses.
Do accident injury lawyers work on a contingency fee?
Accident injury lawyers typically work on a contingency fee basis. This means they only get paid if you win your case, allowing you to pursue your claim without upfront legal fees.
What are the benefits of hiring a local personal injury lawyer in Georgia?
The benefits of hiring a local personal injury lawyer in Georgia include their in-depth knowledge of state laws, familiarity with local courts and judges, and a strong understanding of the regional insurance landscape, all of which can significantly enhance your case's chance of success.
What types of cases do Georgia personal injury lawyers handle?
Georgia personal injury lawyers handle a variety of cases, including car accidents, slip and fall incidents, medical malpractice, workers' compensation claims, and defective product cases, ensuring victims receive the justice and compensation they deserve.
How do I find a good personal injury lawyer in Georgia?
Finding a good personal injury lawyer in Georgia involves researching local attorneys, checking their experience and success rates, reading client reviews, and scheduling consultations to ensure they understand your needs and can effectively represent you.
Do I need an accident injury lawyer for a car accident?
The need for an accident injury lawyer for a car accident depends on various factors. If you’ve sustained significant injuries or are facing challenges with insurance claims, hiring a lawyer can help ensure you receive fair compensation.
What is the role of an accident injury lawyer?
The role of an accident injury lawyer is to provide legal representation for individuals injured in accidents, guiding them through the complexities of the legal system to secure fair compensation for their losses and suffering.
How do I find a reputable accident injury lawyer?
Finding a reputable accident injury lawyer involves researching their credentials, reading client reviews, and evaluating their experience in handling similar cases. Look for firms with proven track records and a commitment to client advocacy.
What types of accidents do injury lawyers handle?
Injury lawyers handle a variety of accidents, including motor vehicle collisions, slip and fall incidents, workplace injuries, medical malpractice cases, and product liability claims. They specialize in representing victims seeking compensation for their injuries and damages.
Can an accident injury lawyer help with insurance claims?
An accident injury lawyer can significantly assist with insurance claims by leveraging their expertise to navigate the complex claims process, negotiate effectively with insurance companies, and ensure that victims receive the compensation they deserve for their injuries.
What are the fees of an accident injury lawyer?
The fees of an accident injury lawyer typically operate on a contingency fee basis. This means that clients only pay legal fees if their case is successful, usually receiving a percentage of the awarded compensation.
What is the statute of limitations for accident injuries?
The statute of limitations for accident injuries is the legal timeframe within which an injured party must file a claim. In Georgia, this period is typically two years from the date of the accident.
How do I know if I need a personal injury lawyer in Georgia?
Determining whether you need a personal injury lawyer in Georgia depends on the severity of your injuries, the complexity of the case, and the insurance company's response. If your claim involves significant medical expenses or disputes, consulting an attorney is advisable.
Can I sue for emotional distress in a Georgia personal injury case?
You can sue for emotional distress in a Georgia personal injury case if you can demonstrate that the distress resulted from the defendant's negligent or intentional actions, and you have also sustained physical injuries as a result.
What are the benefits of hiring an accident injury lawyer?
The benefits of hiring an accident injury lawyer include expert legal guidance, negotiation with insurance companies, maximizing compensation for damages, and alleviating the stress of navigating the legal process, ensuring that your rights are effectively protected.
When to hire an accident injury lawyer?
Knowing when to hire an accident injury lawyer is important. You should consider seeking legal representation immediately after an accident, especially if you sustained serious injuries, if the insurance company is uncooperative, or if your case involves significant medical expenses or liability disputes.
Can an accident injury lawyer help with medical bills?
Accident injury lawyers can assist with medical bills by negotiating with insurance companies and ensuring you receive the compensation needed to cover your medical expenses related to the accident. They work to secure the financial relief you deserve.
What should I ask an accident injury lawyer?
When consulting an accident injury lawyer, it's essential to ask about their experience with cases similar to yours, their approach to handling your case, their fee structure, and the expected timeline for resolution.
How can I prepare for a consultation?
Preparing for a consultation involves gathering relevant documents, outlining questions you have, and thinking through your case details. This ensures a focused discussion and allows your attorney to better understand your situation and provide tailored advice.
What documentation is needed for a claim?
The documentation needed for a claim includes medical records, accident reports, proof of lost wages, and any other evidence supporting your injury and the circumstances of the accident. Ensuring you gather all relevant documents will strengthen your case.
What is the average cost of legal fees?
The average cost of legal fees can vary widely based on several factors, including the complexity of the case and the attorney's experience. Often, personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
How is compensation calculated for accident claims?
Compensation for accident claims is calculated based on factors such as medical expenses, lost wages, pain and suffering, and property damage. Each case varies, and legal expertise can help maximize your potential recovery.
What common mistakes to avoid in personal injury cases?
Common mistakes to avoid in personal injury cases include failing to seek medical attention promptly, not documenting the accident and injuries thoroughly, ignoring legal deadlines, and discussing details of the case with insurance adjusters without legal advice.
How does a lawyer prove fault in accidents?
A lawyer proves fault in accidents by collecting evidence such as police reports, witness testimonies, and photographs of the scene, alongside analyzing traffic laws and accident circumstances to establish liability and support their client's case for compensation.
What role do witnesses play in personal injury cases?
Witnesses play a crucial role in personal injury cases by providing objective testimony that can support the victim's claims. Their accounts can help establish facts, clarify circumstances of the accident, and strengthen the case for fair compensation.
Can I appeal if my injury claim is denied?
You can appeal if your injury claim is denied. The appeals process allows you to contest the denial, presenting additional evidence or arguments to support your case for compensation.
How long do I have to file a claim?
The timeline for filing a claim is essential to understand. Generally, you have two years from the date of your accident in Georgia to file a personal injury claim, but it's crucial to consult with an attorney for specifics related to your case.
What types of damages can I claim?
The types of damages you can claim include economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
What factors affect my accident settlement amount?
The factors that affect your accident settlement amount include the severity of your injuries, medical expenses, lost wages, the degree of fault, insurance policy limits, and the impact of the accident on your quality of life.
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