Understand who’s at fault in a South Carolina sideswipe accident and what to do to maximize your compensation in a personal injury claim
If you’ve been in a sideswipe car accident in Columbia, you probably have lots of questions. Fortunately, the attorneys at Chappell, Chappell, and Newman have the answers. Our team of experienced Columbia injury attorneys specializes in car, truck, and motorcycle accidents.
For over 30 years, we’ve helped accident victims who are suffering from serious injuries—including spinal injuries, brain injuries, musculoskeletal injuries, and other medical challenges—recover the compensation they deserve.
You don’t have to handle a car accident claim on your own. If you need help or have additional questions about sideswipe accidents and lawsuits after reading this article, contact Chappell, Chappell, and Newman today to schedule a free consultation.
Are sideswipe accidents dangerous?
Sideswipe accidents are increasingly common on South Carolina’s roadways, largely due to the rise in distracted driving and heavier traffic in recent years. These collisions can be especially dangerous because the sides of vehicles offer less protection compared to the front or rear.
According to the National Safety Council, sideswipe crashes accounted for about 8.2% of all vehicle-related deaths in 2022, with 1,600 deaths reported.
While many sideswipe car accidents result in only minor damage or injuries, that’s not always the case. When these collisions occur on highways or on crowded roads at high speeds, they can trigger a series of events that lead to severe and devastating injuries and wrongful death.
Common causes of sideswipe car crashes
A sideswipe accident happens when two or more vehicles traveling next to each other collide, often due to one driver attempting to change lanes or veering into another lane. These accidents frequently occur when a driver neglects to check their blind spot before changing lanes or merging.
Below are some other common scenarios that lead to sideswipe crashes:
- A driver drifts out of their lane due to distractions (like texting or adjusting music).
- A driver is under the influence of drugs or alcohol.
- A driver exhibits reckless behavior or road rage.
- A vehicle hydroplanes on wet or snowy roads.
- A driver fails to signal while changing lanes.
- Two drivers merge into the same lane without checking traffic.
- Multiple vehicles attempt to merge simultaneously.
Regardless of the cause, the impact of a sideswipe collision can be catastrophic. If you or a loved one have sustained serious injuries from such an accident, it’s important to seek help from a legal professional.
During an initial consultation with Chappell, Chappell, and Newman, we’ll listen to your experience, answer your questions, and outline your options. There’s no pressure to make a decision or hire us immediately; our goal is to provide you with the information you need so you can choose what’s best for you and your family.
Head-on sideswipe car accidents
A particularly hazardous type of sideswipe collision occurs when two vehicles travel toward each other and one or both drivers make a last-minute maneuver to avoid a head-on crash. While these head-on sideswipes are rare on highways due to medians, they are more common on rural roads where vehicles approach at slower speeds in opposite directions.
Despite advancements like side airbags and blind spot warning systems in newer cars, these accidents can lead to serious injuries or fatalities, particularly on busy highways or interstates.
South Carolina’s signaling, turning, and lane change laws
South Carolina law requires that drivers signal before changing lanes, merging, or turning onto another road. According to South Carolina Code Section 56-5-2150(a):
“No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal as provided for in this section.”
This thorough section of the law also requires that drivers provide a proper and timely turning signal. A “signal of intention to turn or move right or left … shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.”
Unfortunately, many drivers act as if they are the only vehicle on the road. When a driver fails to warn other drivers with their blinker that they intend to make a lane change or intend to merge into traffic, this can lead to a dangerous sideswipe car accident. In these cases, the driver who violated South Carolina’s driving laws should be held liable.
How is fault determined in a sideswipe accident?
Determining fault in a sideswipe accident can be complex, especially if multiple parties share in the blame. According to the state’s modified comparative negligence law, if you’re 50% or less at fault, you may be eligible for compensation for personal injuries and property damage.
However, if you are found to be more than 50% at fault, you won’t qualify for any compensation.
For instance, if you’re driving down I-26 around Columbia and the car in front of you suddenly brakes to avoid stopped traffic, forcing you to swerve into another lane where you sideswipe another vehicle, who is at fault?
The driver who braked abruptly might bear some responsibility, but you could also be partially at fault for following too closely. Determining fault relies on police reports, eyewitness accounts, and other critical evidence, such as traffic camera footage or accident reconstruction reports.
At Chappell, Chappell, and Newman, our skilled Columbia sideswipe attorneys know how to thoroughly investigate your case and work with accident reconstruction experts to determine exactly what happened and who is at fault.
By leveraging expert analysis and solid evidence, we can minimize your liability and help you get the full compensation you need to pay for medical expenses, lost income, pain and suffering, and more.
How To Prove You’re Not at Fault for a South Carolina Car Accident
Learn what elements are needed to prove negligence and the types of evidence that can support your claim.
What to do if you’ve been sideswiped
If you’ve experienced a sideswipe collision, whether as the victim or the driver at fault, the first step is to maintain control of your vehicle and stay calm. You have only seconds to react, and the best way to minimize damage is to avoid overreacting.
Instead of jerking the steering wheel, make gradual adjustments until you can safely distance yourself from the other vehicle. Abrupt corrections can lead to swerving into another lane or colliding with another vehicle. Apply your brakes smoothly to slow down and guide your vehicle toward the road shoulder.
Once you’ve safely stopped, follow these steps:
Step 1: Pull over and call 911
As soon as it’s safe, pull over to the side of the road. Once you’ve come to a complete stop, check yourself and your passengers for injuries, then call 911. Inform the dispatcher about what happened, your location, and whether anyone is injured.
Step 2: Gather evidence and witness information
While you wait for the police and EMS to arrive, check if the other driver has also stopped. If there are no injuries, collect the other driver’s contact and insurance information, and take photos of the damage to both vehicles and the accident scene. If there are witnesses, kindly ask them to stay until the police arrive to provide their statements and collect their contact information.
Step 3: Notify your insurance company
Before leaving the accident scene or shortly thereafter, inform your auto insurance company about the accident. Avoid giving a recorded statement or admitting fault—just share the basic facts of the incident.
Step 4: Seek medical attention
If you sustained serious injuries, you may have been taken to the nearest hospital by ambulance for emergency care. However, even if you feel fine and weren’t treated on-site, it’s essential to visit your doctor for a thorough medical evaluation. Adrenaline can mask injuries, and symptoms may not appear until later. Failure to seek immediate medical attention can also make it more difficult to prove your injuries were caused by the crash.
Step 5: Contact a local Columbia car accident attorney
If you’ve been seriously injured or are unsure how to deal with the insurance company, reach out to an experienced Columbia personal injury attorney for guidance. They can handle negotiations with the other party’s insurance company and ensure that all personal injury damages are accurately calculated and included in your claim.
Is there a deadline to file an auto accident claim in SC?
Yes. The city of Columbia, Richland County, and the entire state of South Carolina have a time limit (known as the “statute of limitations”) that applies to all personal injury cases. In most auto accident lawsuits, you only have 3 years to file an injury claim.
If you fail to file your lawsuit before this deadline, you will most likely lose your ability to recover compensation for your damages. Talk to an accident attorney as soon as possible if you have questions so they’ll have ample time to build a strong case before the statute of limitations expires.
Looking for the best Columbia car accident attorney near you?
Over the last several decades, the experienced Columbia car accident attorneys at Chappell, Chappell, and Newman have built a solid reputation in our local community for our dedication, excellence, and compassion. Allow us to leverage this reputation on your behalf by securing the highest possible settlement and advocating for your rights in court, if necessary.
At Chappell, Chappell, and Newman, we’ve successfully represented clients who have been seriously injured in sideswipe car accidents involving other cars, trucks, vans, SUVs, semi-trucks, and motor vehicles of all kinds. We’ve also represented the families of those who have tragically lost their loved ones in fatal car accidents.
Contact Chappell, Chappell, and Newman today for a free consultation to learn how we can help you maximize your claim.
References
Code of Laws – Title 56 – Chapter 5 – Uniform Act Regulating Traffic On Highways. (2015). scstatehouse.gov. https://www.scstatehouse.gov/code/t56c005.php
Type of Crash. (n.d.). Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/overview/type-of-crash/