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Fault in a sideswipe accident usually falls on the driver who left their lane, but the specific facts determine who is at fault, and sometimes both drivers share blame. These crashes typically happen during unsafe lane changes, blind-spot merges, or when a distracted driver drifts. In South Carolina, you generally have three years to file, and you can still recover as long as you’re not more than 50% at fault.
A sideswipe happens in an instant. One moment you’re holding your lane on a Summerville road, the next there’s the scrape of metal and a driver insisting you caused it. Shaken and maybe hurt, you’re left unsure who’s actually responsible. Here’s how these crashes work and how to protect your rights.
In this article, our Summerville Car Accident Lawyers discuss:
– How sideswipe accidents happen
– Who is at fault in a sideswipe accident
– The injuries these crashes cause
– What compensation you can recover
– How long you have to file in South Carolina
How do Sideswipe Accidents Happen?
Sideswipe accidents occur when the sides of two vehicles make contact, almost always because one driver leaves their lane. Unlike a rear-end crash, the impact is a sideways scrape, but at highway speeds, it can still send a car spinning.
Most trace back to a few driver errors. Unsafe lane changes are the most common when a driver moves over without signaling or checking and clips the car already there. Blind spots increase risk, especially with trucks and SUVs that can hide a smaller car. Merging also causes many accidents, such as on I-26 toward Charleston when two drivers reach for the same gap. Drifting occurs when a texting, drowsy, or distracted driver crosses the line.
Injured in a sideswipe accident in Summerville? Call West Law Firm Personal Injury Lawyers at 843-483-8630 for a free consultation.
Who is At Fault in a Sideswipe Accident?
The driver who leaves their lane is usually at fault in a sideswipe accident because South Carolina law requires drivers to keep to a single lane and change lanes only when it’s safe to do so. Still, fault isn’t always one-sided, and proving it takes evidence.
A few sideswipe accident scenarios come up again and again:
– Unsafe lane change: The driver who merged into an occupied lane is typically responsible.
– Both drivers drift: When two cars ease toward the center line at once, fault may be shared.
– Blind-spot merge: A driver who fails to check before moving over usually bears the blame.
Insurers love these cases because the story is easy to muddy. With no dramatic rear-end damage, adjusters often claim you drifted as well. That’s why evidence matters. Paint transfer, the point of impact, dashcam footage, and witnesses can all show which car crossed the line.
What Injuries Do Sideswipe Accidents Cause?
Sideswipe accidents can cause anything from minor bruises to life-changing harm, and injuries are often worse when the crash triggers a spinout or a second collision. Because the force comes from the side, individuals are thrown against the door, a window, or each other.
Common injuries include whiplash, shoulder and arm injuries, broken ribs, and back or spine damage. Concussions and traumatic brain injuries can happen when a head hits the window or frame. Some of these don’t show up right away, so see a doctor the same day, even if you feel fine. It protects your health and links your injuries to the crash.
Hurt in a Summerville crash and unsure what your case is worth? Call West Law Firm Personal Injury Lawyers at 843-483-8630. Your consultation is free, and you don’t pay unless we recover for you.
What Compensation Can You Recover After a Sideswipe Accident?
You may recover money for medical bills, lost wages, future care, property damage, and pain and suffering after a sideswipe accident. How much depends on how serious your injuries are, how they’ve affected your life, and who was at fault.
South Carolina uses modified comparative negligence. Under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), you can recover damages as long as your share of the fault is not greater than the other driver’s, meaning 50% or less. Your recovery is then reduced in proportion to your share of the fault. If your damages are $100K and you’re 20% at fault, you would receive $80K. Hit 51%, though, and you recover nothing, which is why insurers work so hard to shift blame onto you.
How Long Do You Have to File a Sideswipe Accident Claim in South Carolina?
You generally have three years from the date of the crash to file a personal injury lawsuit in South Carolina, under S.C. Code Ann. § 15-3-530. Miss that deadline and the court will almost certainly dismiss your case, no matter how strong it is.
Three years sounds like plenty, but it isn’t. Evidence disappears, vehicles get repaired, and witnesses forget details. The sooner someone starts gathering proof, the stronger your claim tends to be.
Talk to Summerville Car Accident Lawyers Who Know the Lowcountry
Sideswipe cases turn on small details, and insurers count on you not having anyone in your corner to fight over them. You don’t have to face that alone. West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945, and our attorneys handle motor vehicle accident cases throughout Summerville, Dorchester County, and the surrounding area.
We’re a family-owned firm with nearly 80 years of roots here, and our Summerville office is right on West Richardson Avenue. Injured in a sideswipe accident in Summerville? Contact West Law Firm Personal Injury Lawyers at 843-483-8630 for a free consultation. You don’t pay us unless we recover compensation for you.
Frequently Asked Questions About Sideswipe Accidents
Who is at fault if both cars change lanes at the same time?
When two drivers move into the same lane at once, the fault is often split between them. Insurers will look at signals, mirror checks, and which car was more established in the lane at the moment of impact. A dashcam clip or a witness who saw the whole sequence can make a real difference. Even a small shift in the fault percentage changes what you take home under South Carolina’s comparative negligence rule.
What if I don’t feel hurt after a sideswipe accident?
Adrenaline can hide symptoms for hours or even days. Whiplash, concussions, and soft-tissue injuries often show up later, sometimes after you’ve already told an adjuster you feel fine. See a doctor the same day, keep the visit records, and don’t sign anything from the other driver’s insurer before you talk to a lawyer.
What if the other driver drove off after sideswiping me?
Hit-and-run sideswipes happen more often than individuals expect. Call 911, ask for a police report, and try to remember anything about the other car, such as color, make, model, and any letters or numbers from the plate. Your own uninsured motorist coverage may pay for your injuries and property damage even if the other driver is never identified. Our attorneys can help you work through that coverage and go after any leads on the driver who fled the scene.