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How Can I Prove Fault in an Illinois Sideswipe Car Accident?

Posted on in Motor Vehicle Collisions

Chicago personal injury attorney sideswipe car accident

Before an accident victim can obtain compensation, he or she must show that another driver was at fault for the crash. In certain crashes, the fault is obvious. For example, a motorist might run a red light and T-bone another vehicle, all of which may be caught on camera if the intersection has video surveillance. Establishing fault for a sideswipe collision can be more complicated in some cases. Fortunately, the personal injury lawyers at Livas Law Firm, a Division of Kralovec, Jambois & Schwartz, have brought many successful claims for sideswipe car accidents.

Situations Where Sideswipes Occur

The location of the accident can help narrow down ways for proving fault. Most sideswipe accidents occur in the following places:

  • On the highway: A vehicle might be trying to merge when it swipes another vehicle already in the lane.

  • Around corners: A vehicle might be passing around a corner illegally when it needs to get back into the lane, which leads to a sideswipe.

  • Drifting across lane dividers: One motorist might drift into oncoming traffic due to carelessness or impairment and swipe another vehicle.

Regardless of where the accident occurred, sideswipes can cause considerable damage. In many cases, motorists may suffer broken bones, concussions, and back injuries in these collisions.

Finding Evidence of Fault

Whenever confronted with a sideswipe accident, our skilled attorneys can carefully sift through all evidence to pinpoint the strongest evidence of fault. Based on our vast experience, the following has proven to be the most helpful in determining liability:

  • Eyewitness testimony: Anyone who saw the accident can explain how it unfolded, which can help establish fault. Witnesses include anyone in your car or any other vehicle who had a clear view of the incident.

  • Video evidence: Some motor vehicles have dash cams that record what happens throughout a trip. This video evidence is very useful at showing which driver departed from his or her lane or refused to yield.

  • Physical evidence: Damage to the vehicle sometimes yields clues about how the vehicles impacted. Other physical evidence includes skid marks on the road, especially if one car made a sudden defensive maneuver.

This is only some of the evidence that might be beneficial to your personal injury claim. Every case is unique, and the evidence that is appropriate for one accident might not be applicable in another depending on the circumstances.

Negligence and Sideswipe Collisions

When a motorist is negligent, he or she typically bears some or all of the fault for a crash. Negligence can consist of failing to follow a traffic rule, such as passing on a highway when there are double lines. Trying to merge with traffic when there is not enough room is also considered a traffic violation. We often see sideswipe accidents where a driver has failed to follow the rules of the road, causing a crash.

In other situations, simple carelessness or distracted driving can qualify. For example, a motorist who is trying to eat a bowl of soup while driving is not exhibiting sufficient care when seated behind the wheel of a moving vehicle. If he or she drifts into another lane and hits someone, then he or she is likely at fault for the collision. The same is true of someone who is checking his or her phone and not keeping his or her eyes trained on the road.

Contact an Illinois Personal Injury Attorney

A sideswipe car accident can have devastating consequences. In some cases, the negligent or reckless actions of another driver may have led to your injuries. For qualified legal assistance with your case, contact a skilled Chicago car accident lawyer at Livas Law Group. We can help you pursue the compensation you need and deserve. Call our office today at 312-804-6102 to schedule your free consultation.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a169.pdf

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