Fort Wayne
Side-Swipe Driving Accident
ATTORNEY

DELVENTHAL LAW

INDIANA CAR ACCIDENT ATTORNEY ASSISTING CLIENTS WITH SIDE-SWIPE CRASHES IN FORT WAYNE

Side-swipe accidents can happen quickly and without any warning when another driver attempts to change lanes and crashes into your car. These types of collisions can vary greatly in terms of severity, and it can be difficult to determine fault in some of these cases. If you were involved in a side-swipe collision, it is extremely important to discuss your case with a Fort Wayne side-swipe driving accident attorney. An advocate at Delventhal Law Office LLC can gather evidence to help prove that the other driver was responsible and to help you seek the financial compensation you deserve.

COMMON CAUSES OF SIDE-SWIPE ACCIDENTS

There are many different causes of side-swipe accidents, including but not limited to the following:

• Texting while driving;
• Distracted driving in other forms, including talking to a passenger or even eating in the car;
• Drunk driving;
• Drowsy driving, or falling asleep at the wheel;
• Failing to check a blind spot and changing lanes;
• Aggressive driving, including weaving between lanes;
• Inclement weather; and
• Roadway hazards, such as potholes or other obstacles.

PROVING FAULT IN A SIDE-SWIPE MOTOR VEHICLE COLLISION

As we noted, side-swipe accidents usually happen when motor vehicles are traveling next to one another, and one of the vehicles attempts to change lanes or drifts into the other lane as a result of distracted driving, intoxicated driving, or impaired driving. In many cases, side-swipe accidents happen when one driver does not see the other vehicle because it is in his or her blind spot, as we mentioned above.

Proving fault in a side-swipe accident can be difficult, but it is certainly not impossible. First, if you called the police after the crash, the police may have issued the other driver a citation. Even if there was no citation, police reports can be extremely helpful in proving fault. At the same time, a car accident lawyer can use photographs and other materials from the collision to work with an accident reconstruction expert to show that the other driver was negligent and is responsible for the collision.

HOW DO I FILE A SIDE-SWIPE CLAIM?

For car insurance purposes, Indiana is a “fault” state. Generally speaking, this means that anyone who gets hurt in a car crash caused by another driver’s negligence has one of two options:

• File a first-party claim, which involves filing a claim through your own insurance company; or
• File a third-party claim, which involves filing a claim through the negligent driver’s insurance company.

There are pros and cons to both approaches. If you file a first-party claim, you may be able to obtain compensation sooner, but you will have to pay your deductible up front. When you file a third-party claim through the negligent driver’s insurance company, you will not have to pay your deductible, but you could run into difficulties if there are insurance limits or other issues that prevent you from obtaining compensation in full.

If you are not able to obtain complete compensation through an insurance claim, you may be eligible to file a side-swipe driving accident lawsuit against the negligent driver and any other liable party in order to obtain the damages to which you are entitled.

WHAT HAPPENS IF I AM PARTIALLY TO BLAME FOR A SIDE-SWIPE ACCIDENT?

Even if you are partially at fault for the accident, it is important to know that you may still be eligible to receive compensation. Under Indiana’s comparative fault law, if a plaintiff is 50 percent or less at fault, she recovers compensation but the compensation is reduced by her percentage of fault. The plaintiff is barred from recovery only if she is 51 percent or more at fault.

Statute of Limitations for Filing a Side-Swipe Car Accident Lawsuit

Under the Indiana statute of limitations, an injured person has two years from the date of the side-swipe accident to file a claim for compensation. Even if you were not injured in the collision but sustained significant property damage, you still must file a lawsuit within two years from the date of the crash in order to remain eligible for compensation.

If you fail to file your side-swipe accident lawsuit within two years from the date of the crash, your claim can become time-barred. By speaking with a car accident lawyer in Fort Wayne as soon as possible, you can ensure that you remain eligible to file a lawsuit.

CONTACT A FORT WAYNE CAR ACCIDENT ATTORNEY

Were you injured in a side-swipe crash? You should reach out to a side-swipe driving accident attorney in Fort Wayne as soon as possible to get started on your claim. An advocate at Delventhal Law Office LLC can speak with you today about your options for seeking financial compensation. Contact us to learn more about how we can help with your car accident case.