Side impact collisions accounted for 22% of all car occupant fatalities in 2021, according to the Insurance Institute for Highway Safety. An estimated 5,824 people across the U.S. died in these accidents that year and many more were injured.
If you or someone you love is hurt in a sideswipe crash, you have legal rights. Call Dulin McQuinn Young at (303) 246-1111 to speak with a Denver car crash lawyer to find out how we can help you pursue a claim for compensation or read on to learn more about sideswipe crashes, how they happen, and who can be held accountable for resulting losses.
What is a Sideswipe Accident?
Sideswipe accidents happen when the side of one vehicle hits the side of another. These types of crashes can occur in many different situations including the following:
- If one car is driving in the opposite direction and veers into the wrong lane, swiping the opposing vehicle
- If two vehicles are traveling in the same direction and one moves into the other’s lane, striking the side of the vehicle next to it
- If two vehicles are turning on a road where there are multiple turning lanes and one strays from their lane and swipes the side of the other vehicle due to the wide turn
These crashes are distinct from T-bone crashes, where the front of one vehicle hits the side of another. Often, they are caused by driver distraction or by unsafe behaviors such as speeding or drinking and driving.
Who is At Fault for a Sideswipe Crash in Denver?
Generally, the driver who swiped or hit the side of the other motorist’s vehicle is the one who is responsible for causing the accident. If that driver was found to be negligent, or unreasonably careless, they can be sued for damages resulting from the crash.
If the driver violated any safety laws — such as talking on the phone in violation of Colorado’s ban on handheld cell phone use while behind the wheel — then the driver may be presumed negligent and making a case against them is simpler.
In some cases, both drivers are partly responsible for a sideswipe crash. If that occurs, it’s still possible for a victim hurt in the collision to collect compensation from the other motorist, as long as the other driver was at least 51% responsible for the incident. That’s based on Colorado’s modified comparative fault rule, found in Colorado Revised Statute § 13-21-111.
Compensation for a Denver Sideswipe Accident
If you can prove another driver caused your sideswipe crash, you should be entitled to compensation for the following types of losses:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
There is, however, a cap on non-financial loss — or losses for pain and suffering and emotional distress — which was established in Colo. Rev. Stat. § 13-21-102.5 and which changes over time.
Dulin McQuinn Young can help you to prove another driver harmed you if you were hurt in a sideswipe accident and we will fight to get you the compensation you deserve. Give us a call today at (303) 246-1111 to learn more about how our Denver injury lawyers can advocate for you.