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How Do You Prove Fault in a Sideswipe?


Sideswipes are among the most common types of car accidents. Just because they are common, though, doesn’t mean that it will be easy to prove who sideswiped who. In these types of accidents, both drivers tend to blame each other because even they aren’t sure what happened.

Proving liability for a sideswipe will rely on figuring out who changed lanes incorrectly or unsafely. Usually, the driver who did not attempt to change lanes has no or reduced liability. The vehicle that is moving from one lane to another must only do so when it is safe and won’t cause a collision. Even if another driver in the adjacent lane rudely refuses to make space for the driver who is merging or changing lanes, they will probably not be mostly or solely liable if a sideswipe happens.

Drivers can be at fault for a sideswipe if they:

  • Didn’t use their turn signal.
  • Didn’t check their mirror.
  • Didn’t look in their blind spot.
  • Drove at night without their headlights.
  • Change lanes forcibly when there was no space for their car (cut someone off).
  • Were using their smartphone while driving.
  • Were intoxicated or impaired by drugs.
  • Were speeding and sideswiped someone else.

Proof in Sideswipe Cases

To prove that the other driver did one or more of these mistakes to cause your sideswipe, you will have to think about what tangible evidence can be used to improve your claim and prove your argument. Typically, the best evidence in a sideswipe accident case will come in the form of dashcam footage. If you have a dashcam in your car, then you should save and review what it recorded at the time of the sideswipe right away. If it shows that you were driving in your lane without straying across the lines and dividers, then you could be absolved of any liability.

Eyewitness testimonies are your next best bet if you don’t have a dashcam. Other drivers or pedestrians on the street might have seen what happened. The more people you can quote as saying that you did nothing wrong, the more likely your side of the story will be believed.

For help after a sideswipe in Waco, Texas, talk to the attorneys at the Law Offices of Vic Feazell, P.C. We know how to carefully construct a claim with convincing evidence. For example, if the other driver had a dashcam but you didn’t, we can take steps to retrieve a copy of what that camera recorded. To learn more, contact us online now.