Kaufman & Stigger, PLLC helps car accident victims throughout Kentucky. Even a relatively minor sideswipe accident, where another car collides with the side of your car, can cause serious injuries under certain conditions. Don’t let this accident impact your life more than it has to. Contact us today to set up a free consultation to talk about your options.
Do You Even Need a Lawyer After a Sideswipe Accident?
After a sideswipe accident in Kentucky, whether or not you need a lawyer depends on your injuries and other damage to your car. For minor accidents with all insurance information, filing a claim might be enough.
However, for more serious accidents, we can help you get what you’re owed. Here’s what we do:
- Review your options and recommend actions.
- Collect additional evidence like medical records.
- Talk to witnesses and check insurance policies.
- Help with filing insurance claims or lawsuits, or both if needed.
- Support you throughout the process.
The choice to take legal action is yours, but we’re here to guide you. We offer free initial consultations and work on a contingency-fee basis. This means there’s no upfront cost for you to work with us.
Who’s Liable For Your Injuries in a Sideswipe Accident?
Liability–or the legal responsibility for a sideswipe accident–isn’t necessarily that complicated. Most of the time, the driver that hits you is going to carry most of the liability. However, it’s ultimately going to come down to what actually happened.
Although the driver that hits you is going to carry most of the liability in a sideswipe, others can be involved. This usually includes:
- Other drivers not directly involved in the impact
- Passengers
- Pedestrians, motorcyclists, or bicyclists
- Third parties, like construction companies
- Car or parts manufacturers
- Government agencies in charge of road maintenance or road signs or signals that might malfunction
Any of these parties could be involved in a sideswipe accident. Liability is a key part of the process because it gives you the parties that you’ll file your claim against–and more importantly, who will have to pay for your injuries and losses. In order to get these “damages” though, you have to go through the claims process.
What Legal Options Do You Have After a Sideswipe Accident in Kentucky?
At least in legal terms, a sideswipe accident isn’t different from other car accidents in Kentucky. As a victim of someone else’s negligence, you have the right to file an injury claim to recover damages. This is where the process can fork: you can either file an insurance claim out of court, or go straight ahead with a lawsuit in civil court.
An insurance claim is a quicker way to access funds from a settlement, but it’s totally controlled by the insurance company. This means they get to decide how much they want to offer you, if they want to offer you anything at all.
A lawsuit, on the other hand, takes much more time and effort but offers a chance at a fairer evaluation of your damages. This is because it’s a much more impartial process.
Whichever option you decide to go with, you can potentially recover the following damages:
- Medical expenses
- Lost income
- Repair/replacement costs for your vehicle
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of companionship
- Wrongful death expenses
The damages you can claim from a sideswipe accident will depend on your specific injuries and losses. Keep in mind, you have one year from the date of the accident to file a claim due to Kentucky’s statute of limitations. If you miss this deadline, you won’t be able to recover any damages.
What Can You Do to Protect Your Injury Claim?
You can’t always avoid a sideswipe accident, but when you’re in one, it then becomes important to respond in the right way. This means taking certain steps to gather the evidence and information you’ll need for your claim. These steps have the added effect of protecting your claim. Here’s what you can do:
- Call 911 – Call 911 for the police so they can come to the scene and manage it. Also, ask for an ambulance. Even if you don’t feel injured, an ambulance can check for injuries that may not be apparent.
- Take pictures and videos – Visual evidence is a key piece of any car accident claim. Take photos and videos of the accident scene and any damage to preserve evidence. This helps document the damage to your vehicle and can help with reconstructing the accident.
- Collect witness information – Get contact details from any witnesses at the scene. Witness testimony can be crucial for determining fault, and eyewitnesses might also have photos or videos of the accident.
- Get further care – After the initial examination by the ambulance crew, visit a doctor within a few days to get further care for any injuries. Make sure to save any bills and receipts.
After a sideswipe accident, taking these steps ensures your insurance claim or lawsuit stays on track and strengthens your case. By documenting the scene, collecting witness information, and getting medical care, you lay a solid foundation for your case.
What Causes Sideswipe Accidents in Kentucky?
There’s nothing really unique about Kentucky that causes sideswipe accidents. Rather, the presence of negligence is what usually leads to these accidents. However, this negligence leads to a variety of different scenarios that can cause a sideswipe. Usually, though, they happen because of drivers:
- Not looking over their shoulder before switching lanes.
- Moving into other lanes because they’re focused on your phone, radio, or passengers.
- Being impaired by drugs or alcohol while driving.
- Switching lanes erratically and frequently.
- Driving aggressively or carelessly.
- Forgetting to signal when changing lanes.
- Not looking carefully before merging into another lane.
- Trying to move into the same lane at the same time.
- Losing control on wet or icy roads and drifting into other lanes.
Sideswipe accidents, especially on Kentucky’s interstates or highways at high speeds, can cause serious injuries. These usually include traumatic brain injuries (TBIs), whiplash, broken bones, and damage to the back, neck, or spine. The more serious your injuries, the higher the costs for medical care and other expenses. While the impact can be overwhelming, having the right legal representation can help ease the financial and physical burden you’re under.
Contact Kaufman & Stigger After a Sideswipe Car Accident in Kentucky
When you get sideswiped in Kentucky, it can leave you facing serious injuries and the loss of your car. It’s never ideal, but it does give you legal options. At Kaufman & Stigger, PLLC, we can figure out who is at fault, handle negotiations with their insurance company, and offer the legal support you need. Contact us today for a free consultation to begin your claim.
