Sideswipe Accident Lawyer in Utah
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Utah Sideswipe Accident Attorney Helping Injured Drivers
Sideswipe accidents can happen in seconds when other drivers change lanes without checking or merge too closely. But even a brief collision between two vehicles can force the driver off the road or even cause a chain-reaction crash.
Undoubtedly, it leaves the driver and travelling passengers dealing with painful injuries. However, if another driver’s actions caused your accident, Utah law gives you the right to pursue a claim against responsible drivers for your medical expenses and lost income.
At Cockayne Law, we help all motorists understand their available legal actions and state laws that best represent their situations. Our expert attorneys also investigate the accident circumstances relevant to the crash and gather relevant evidence.
Call For a Free Consultation: (801) 268-2491
How Sideswipe Accidents Happen in Utah
Sideswipe accidents happen when two vehicles travel alongside each other, and one of them moves unexpectedly. These accidents are common on busy highways, merging lanes, and crowded intersections. Distracted driving is another major cause of sideswipe accidents.
Unsafe Lane Changes and Merging
A driver who changes lanes without checking whether the adjacent lane is clear or not. These abrupt turns mostly lead to sideswipe accidents and happen when someone tries to reach an exit suddenly or accelerates to avoid slow traffic.
Distracted or Inattentive Driving
Drivers on the road must stay aware of their surrounding vehicles, traffic conditions, road markings, and, of course, the intentions of other drivers’ signals who are trying to change lanes.
Common Examples:
Common examples include:
- Looking at a phone or reading messages while driving
- Adjusting navigation systems or entertainment controls
- Eating or reaching for objects inside the vehicle
- Turning attention toward passengers instead of surrounding traffic
- Driving while tired or failing to notice changing traffic conditions
Blind Spot and Failure to Yield Accidents
Almost every vehicle has some areas that are difficult to see through car mirrors alone. These blind spots can become especially dangerous when changing lanes because the driver may cause a sideswipe accident if he fails to yield or even fails to notice other vehicles moving signals.
Sideswipe Collisions Involving Commercial Trucks
Sideswipe accidents involving commercial trucks can be especially dangerous because of their size and large blind spots. These accidents mostly happen when a truck fails to notice a passenger car traveling along the trail or may begin when both vehicles change lanes without leaving enough room.
Who Is at Fault in a Utah Sideswipe Accident?
Determining fault in a sideswipe accident mostly requires quite more effort than just looking at which vehicle has more damage. In these situations, both drivers mostly claim that they were travelling within their own lanes. So, here’s how Utah investigators determine who is at fault.
Driver Who Changes Lanes Without Checking
A car driver who tries to move into an occupied lane without checking, even if it is safe to manoeuvre. For example, you are travelling to I-15, and another driver unexpectedly moves into your lane without checking their blind spot.
The vehicles may strike the side of your car, forcing you toward the shoulder. Investigators see that the other driver failed to check the lane before moving over and decide the liability for the accident.
Driver Who Fails to Yield While Merging
According to Utah Law, drivers who are entering a highway or moving from an ending lane must follow applicable traffic laws and make sure their movement is safe.
Sideswipe accidents mostly happen when drivers try to merge into traffic without leaving enough space for approaching vehicles. However, fault is still determined by considering the actions of every driver involved in the accident.
When Both Drivers Share Fault
Not every sideswipe accident involves only one careless driver. Sometimes both drivers contribute to the collision, and this is exactly why Utah follows a comparative negligence fault rule.
For example, one driver makes an unexpected lane change, colliding with a vehicle that was already driving too close to the vehicle ahead. So Utah law determines which driver contributed how much to the accident, and their compensation is also reduced by the percentage of their shared fault.
When a Sideswipe Causes a Secondary Collision
Sideswipe accidents rarely just end with an initial contact accident; a driver may lose control, cross into another lane, hit a guardrail, or even collide further with more vehicles. In these situations, Utah investigators consider the entire sequence of events that lead to a secondary collision to determine liability.
Injuries Caused by Sideswipe Accidents
Some sideswipe collisions appear less severe than head-on or rear-end crashes. They can still cause significant injuries, like:
Neck, Back, and Whiplash Injuries
The sudden movement of a vehicle during a sideswipe can cause the head, neck, and upper body to move unexpectedly. This may strain muscles, ligaments, and other soft tissues.
Common problems include:
- Whiplash and neck stiffness.
- Lower back pain.
- Muscle and ligament strains.
- Herniated or damaged spinal discs.
- Limited movement and persistent discomfort.
Head and Traumatic Brain Injuries
A driver’s head may strike a window, door, steering wheel, or another part of the vehicle during a sideswipe collision. Sudden movement can sometimes cause a concussion or other traumatic brain injury.
Common symptoms may include
- Headaches
- Dizziness
- Memory problems
- Difficulty in concentrating
- Nausea
- Sensitivity to light or noise
Shoulder, Arm, and Fracture Injuries
The force of a sideswipe accident may push occupants against the vehicle’s doors or windows. Drivers may also brace themselves against the steering wheel during impact.
Possible injuries include:
- Shoulder dislocations and rotator cuff injuries
- Broken arms, wrists, and collarbones
- Rib fractures
- Hand and finger injuries
- Cuts and bruising caused by broken glass
Serious and Long-Term Injuries
When a sideswipe causes a vehicle to roll over, leave the road, or collide with another vehicle, the consequences can be severe.
Injured motorists may experience
- Spinal cord damage
- Permanent mobility limitations
- Nerve injuries
- Lasting complications from traumatic brain injuries
Compensation Available After a Sideswipe Accident in Utah
If another driver’s negligence caused your sideswipe accident, you may be entitled to pursue compensation for the losses connected to your injuries.
Medical Expenses and Future Treatment
A personal injury claim may include eligible medical expenses such as:
- Emergency transportation and hospital bills.
- Doctor visits and specialist appointments.
- Diagnostic tests and medical imaging.
- Prescription medication.
- Surgery and rehabilitation.
- Future treatment and ongoing medical care.
Lost Wages and Reduced Earning Capacity
An injury may prevent you from returning to work immediately or make it difficult to perform your regular job duties. Cockayne Law can help you seek compensation for income lost during recovery.
If your injuries affect your ability to work in the future, your claim may also include reduced earning capacity. Your employment records, pay statements, tax documents, and medical opinions can help you establish how the accident has affected your income.
Pain and Suffering
The consequences of a sideswipe accident are not limited to financial expenses. Physical pain, emotional distress, and changes to everyday life may also be relevant to your claim.
You may be able to pursue general damages such as pain and suffering, depending on Utah’s applicable PIP requirements and qualifying exceptions.
The severity of your injuries, recovery period, lasting symptoms, and effect on your daily activities can all influence the evaluation of these damages.
Vehicle Repair or Replacement Costs
A sideswipe can leave long scratches, damaged doors, broken mirrors, dented panels, and other costly vehicle damage.
So your compensation, depending on the circumstances and available coverage, may include:
- Vehicle repair expenses
- Replacement costs if the vehicle is declared a total loss
- Reasonable rental vehicle expenses
- Other eligible property-related losses
Call For a Free Consultation: (801) 268-2491
How Utah Law Affects Your Sideswipe Accident Claim
We help you understand Utah insurance and personal injury laws so injured motorists can make informed decisions about their next steps.
Utah’s Modified Comparative Fault Rule
Utah applies a modified comparative fault rule under Utah Code § 78B-5-818. According to this rule, an injured person may recover compensation when the combined fault of the other responsible parties exceeds their own percentage of fault. Any compensation awarded is reduced based on the injured person’s share of responsibility.
Personal Injury Protection (PIP) and Injury Claims
Utah is a no-fault auto insurance state for certain initial injury benefits. Most qualifying auto insurance policies must include Personal Injury Protection (PIP), which helps cover eligible medical expenses and certain income losses regardless of who caused the accident.
As per Utah Code § 31A-22-309, an injured person covered by the applicable PIP requirements generally must meet a legal threshold before pursuing general damages against an at-fault driver.
Qualifying exceptions include:
- Medical expenses exceeding $3,000
- A bone fracture
- Permanent disability or impairment supported by objective findings
- Permanent disfigurement
- Dismemberment or death
Filing Deadlines for Utah Sideswipe Accident Claims
Utah generally allows four years to bring a personal injury action under its applicable statute of limitations, including Utah Code § 78B-2-307(4), where no more specific deadline applies. However, certain circumstances can change the filing period. Claims involving government entities, for example, may have shorter notice requirements and deadlines.
How Cockayne Law Proves a Sideswipe Accident Claim
At Cockayne Law, we focus on examining the available evidence and building a case around the facts. Our approach includes investigating the collision, documenting injuries, and addressing disputes with insurance companies.
Investigating Lane Positions and Vehicle Damage
Our investigation examines:
- Which areas of each vehicle were damaged.
- The direction and length of impact marks.
- Available photographs of the vehicles.
- Lane markings and roadway conditions.
- Skid marks, debris, and nearby barriers.
- The positions of vehicles after the collision.
Gathering Dashcam Footage and Witness Statements
Video footage can be especially useful when drivers disagree about who entered the other vehicle’s lane. We may look for dashcam recordings, nearby business surveillance, traffic camera footage, and other available video sources.
Witness statements can also help clarify what happened before, during, and immediately after the collision. Someone traveling behind the vehicles may have seen the lane change, while another motorist may have witnessed the impact.
Reviewing Police Reports and Accident Evidence
Police reports often contain important information about the accident, including the drivers involved, reported injuries, road conditions, and the responding officer’s observations. We can review the available report alongside photographs, witness accounts, medical records, and other evidence.
A police report can help you explain the circumstances of the crash, but it does not necessarily settle every question of civil liability.
Handling Insurance Disputes and Settlement Negotiations
Insurance companies may question liability, dispute the severity of injuries, or argue that another factor contributed to the accident. Cockayne Law can help you manage communications with insurers, organize supporting documentation, and challenge the arguments that are inconsistent with the available evidence. Our team evaluates the available damages and negotiates for a settlement that reflects the losses supported by your claim.
What to Do After a Sideswipe Accident in Utah
The steps you take after a sideswipe collision can affect your health, insurance claim, and ability to preserve important evidence. So even if the damage appears minor, take the situation seriously and avoid making assumptions about your injuries or who caused the accident.
Seek Medical Attention
Get emergency assistance if you or anyone else has serious injuries. If you feel relatively fine, you should still consider getting a medical evaluation. It is important because whiplash, concussions, and other injuries may not produce obvious symptoms immediately.
So follow your healthcare provider’s recommendations and keep copies of medical records, prescriptions, treatment instructions, and related expenses.
Document the Accident Scene
If it is safe to do so, collect photographs and other details from the accident scene. Try to document:
- Damage to all vehicles involved
- Vehicle positions and nearby lane markings
- Skid marks, debris, and road conditions
- Traffic signs and signals
- Visible injuries and damaged property
Preserve Evidence and Report the Accident
Every Utah citizen needs to report the accident to the appropriate authorities and notify your insurance company as per your policy. You should also keep copies of your police report, repair estimates, medical records, dashcam footage, and communication with insurance companies.
Avoid Premature Insurance Settlements
An insurance company may contact you shortly after the accident and offer a quick settlement. While resolving a claim quickly may seem convenient, if you accept an offer before understanding your injuries and financial losses, it can create problems.
Additionally, some injuries require ongoing treatment, and their long-term effects may not be clear immediately. So, before signing a release or accepting a final settlement, you should consider having the offer reviewed by an attorney.
Why Choose Cockayne Law for Your Utah Sideswipe Accident Claim?
At Cockayne Law, we understand the challenges injured motorists usually face when dealing with medical expenses, missed work, vehicle damage, and insurance companies.
Here is what you can expect from our firm:
- Direct Attorney Involvement: Chris Cockayne personally leads and oversees cases, providing clients with direct attorney involvement throughout the legal process.
- Thorough Case Investigation: We gather relevant records, review accident evidence, and examine the circumstances that led to the collision.
- Personalized Legal Strategies: Every sideswipe accident has different facts. We evaluate the details of your situation rather than relying on a one-size-fits-all approach.
- Insurance Claim Assistance: Our team handles insurance communications and settlement negotiations while working to protect your interests.
- No Fee Unless We Win: We work on a contingency-fee basis, which means you do not pay any attorney fees upfront. Our fee is collected only if we successfully recover compensation for you, subject to the agreed fee arrangement.
Cockayne Law represents injured motorists across Utah, including West Jordan, Salt Lake City, Orem, Ogden, and surrounding communities.
Speak With a Utah Sideswipe Accident Lawyer Today
You should not have to deal with the financial and physical consequences of someone else’s careless driving without understanding your legal options.
Whether another driver made an unsafe lane change, merged into your vehicle, or caused a sideswipe involving a commercial truck, Cockayne Law can review your accident and explain how we may be able to help you.
We can investigate the collision, evaluate the evidence, and handle discussions with insurance companies while you focus on recovery.
Call For a Free Consultation: (801) 268-2491
FAQs
The driver who makes an unsafe lane change or merges into an occupied lane may be held responsible for a sideswipe accident. However, fault depends on the specific circumstances of every collision.
Yes, Utah law allows an injured person to recover compensation when the combined fault of the other responsible parties exceeds their own percentage of fault.
Yes, even when the initial impact seems minor, a sideswipe can cause
- Whiplash
- Back injuries
- Concussions
- Fractures
- Shoulder damage
You may still have a valid claim even if the other driver denies responsibility. Because their statement does not automatically determine who was at fault.
There is no fixed settlement amount for a sideswipe accident in Utah. Compensation depends on factors such as the severity of your injuries, medical expenses, lost income, future treatment needs, vehicle damage, and the effect of the accident on your life.
You are not legally required to hire a lawyer after every sideswipe accident. However, legal representation can be helpful when the other driver disputes fault, you have significant injuries, or the insurance company challenges your claim.
[Legal Disclaimer]
This page provides general information about sideswipe car accident claims in Salt Lake City, West Valley City, West Jordan, Provo, St. George, Orem, Lehi, Sandy, Ogden, South Jordan, Layton, Millcreek, Herriman, Eagle Mountain, Taylorsville, Saratoga Springs, Logan, Murray, Draper, Spanish Fork, American Fork, Holladay, Midvale, Cottonwood Heights, Magna, and the Rose Park neighborhood of Salt Lake City, Utah, and surrounding communities. This information is for educational purposes only and does not constitute legal advice. Every sideswipe accident case is unique. For legal guidance specific to your situation, consult a qualified Utah attorney.
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6671 S Redwood Rd Ste 110, West Jordan, UT 84084, United States
574 E 1400 S, Orem, UT 84097, United States
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