Being involved in a car accident can be one of the most traumatic experiences of your life. This is especially true for people who sustain severe injuries after a crash. Sideswipe car accidents are an example of situations where an unsuspecting driver can get hit by a negligent driver. In these types of accidents – and depending on your particular circumstances – it may be difficult to determine who may be at fault and who will pay for your losses. Our Fayetteville, AR car accident attorney Ken Kieklak invites you to keep reading as we explain who is at fault after this type of accident in Arkansas.
Who Is Responsible for a Sideswipe Car Accident in Arkansas?
All car drivers have a duty to drive following traffic laws and rules. All drivers are required to stay in their lane and refrain from switching until it is safe to do so. When a driver fails to make sure their path is clear during a lane change, they may risk hitting another vehicle. This is known as a sideswipe accident. Typically, this kind of accident occurs when two vehicles travel in the same direction, and one driver hits the side of the other. It is easy for most people to recognize that the driver changing lanes is the one liable for a sideswipe car crash. However, when thousands of vehicles are fighting for the same space on the road, it can be challenging to determine who is legally liable for a sideswipe car accident.
In sideswipe car crashes, the parties involved rely mostly on their recollection of the events and the physical evidence left by the impact. Other times, the parties involved can also rely on witness testimony. Even having different witnesses in your accident can be problematic. For instance, every witness can have a different version of what they think happened or add facts that are not simply there. This makes accurately determining liability difficult.
Liability in sideswipe car accidents can often be determined by video surveillance on the road or through evidence recorded from witnesses. Typically, a police officer will arrive to the crash scene and write a report based on their investigation and their interviews with witnesses. This report may also help establish liability and hold the responsible party accountable for your losses.
What Are the Leading Causes of Sideswipe Car Accidents in Arkansas?
All drivers must pay attention to the road and drive safely to prevent an accident. However, not all drivers abide by the rules, often engaging in behavior that leads to otherwise preventable crashes. Sideswipe car accidents in Arkansas can happen for a number of reasons. However, some causes seem to be more prevalent than others. Some of the leading causes of sideswipe car crashes in Arkansas include:
Drunk driving has been one of the leading causes of vehicular accidents in Arkansas for many years. Despite stringent laws punishing individuals engaging in this type of conduct, drivers continue to take on the road while under the effects of alcohol. A drunk driver may not have the same reflexes and ability to keep control over their car on the road, which is why they may change lanes without noticing, causing an accident.
Road rage has been another common cause of many sideswipe car accidents for many years. This commonly happens during peak hours, when thousands of cars are fighting over the same road space. No matter the reason or circumstances, all drivers should refrain from engaging in this kind of conduct that can easily lead to a preventable accident.
Reckless driving is another cause of many sideswipe car accidents in Arkansas. Reckless driving entails operating a vehicle with willful disregard for the safety of other drivers on the road. Common examples of reckless driving include speeding, excessive lane changing, and improper passing. Sideswiping can also be categorized as reckless driving, depending on the circumstances of your crash.
Getting Compensation from a Liable Party in a Sideswipe Car Accident in Arkansas?
Getting compensation after a sideswipe car accident in Arkansas is possible. However, there are specific requirements you must meet beforehand. First, it is essential to hire a skilled, experienced Arkansas car accident attorney who understands how to deal with your case. With the assistance of our Fayetteville, AR car wreck lawyers, you can file your claim and prove all of its elements with the court.
As a plaintiff, it is up to you to show through the preponderance of the evidence that the other party acted negligently. Typically, the court will require you to prove four main elements, which are common in all personal injury lawsuits – especially in car accident claims. These elements are the legal duty, breach, causation, and damages. The evidence must support each of these elements before the court can grant compensation for your medical expenses, lost wages, and pain and suffering.
The facts of your case will determine the amount of compensation you can expect from your claim. For instance, the court will look at things such as the extent of your accident, the severity of your injuries, and your pain and suffering before assigning a value to your claim. There is no way to determine precisely how much compensation you can expect before going through the court’s process. However, an experienced Harris, AR car accident attorney can help you estimate your case’s worth based on their previous experience.
Arkansas Sideswipe Car Accident Lawyer Offering Free Consultations
If you or a loved one was injured in a sideswipe car accident caused by a negligent, reckless driver in Arkansas, we can help. Our Fayetteville, AR personal injury attorneys understand how challenging dealing with the liable parties can be. We will dedicate our efforts and resources to fighting aggressively and strategically for the compensation you deserve for your losses. Thanks to decades of experience, we can guide you and help you understand what you can expect from your case. To learn more about our services in a free, confidential consultation, call Ken Kieklak, Attorney at Law today (479) 316-0438.