In most Florida sideswipe crashes the driver who left their lane is at fault, because Florida Statute 316.085(2) bars a driver from moving out of a direct course until the move can be completed safely. Fault is rarely that clean in practice, and the percentage assigned to each driver decides what share of your bills the insurance companies pay. Even a moderate injury can lead to tens of thousands of dollars in medical bills, lost wages, property damage, and pain and suffering, so the determination of fault can have serious consequences.
What Is a Sideswipe Accident?
Police officers and insurance companies categorize car accidents based on the angle of contact. A sideswipe accident is any accident where the side or corner of one vehicle impacts the side of another. Other types of vehicle accidents include rear-end collisions, head-on collisions, t-bone or intersection accidents, cars vs. fixed objects, rollovers, etc. In most cases, sideswipe accidents result from improper lane changes, but fault or liability for one is not always easy to determine.
How Do Sideswipe Collisions Occur?
There are many different ways that a sideswipe impact can occur. Here are some of the most common ones:
Failing to Check Blind Spot
Most drivers learn about the blind spots in cars when they're studying for their first driving test. Unfortunately, many drivers forget those early lessons. Most cars have a blindspot to the rear-right and rear-left of the driver. These are areas that the rearview and side-view mirrors don't cover. In order to be safe, the driver must glance over their shoulder to see if they are clear to make a lane change. Some recent cars have sensors that will warn the driver if they begin to move into an obstructed lane, but most don't. Failing to check a blind spot can lead to a sideswipe collision.
Merging
In the state of Florida, when two lanes merge into one, the driver who is merging into the lane must yield the right of way. Frequently, the merging driver mistimes their move and sideswipes a car that's already in the lane of travel.
Distracted Driving
When drivers aren't paying attention to the roadway, they tend to drift into the next lane. If there is another vehicle already there, it results in a sideswipe collision.
Evasive Action
To avoid another collision, a driver may take evasive action and cut into the next lane. If there is a car there, it can result in an angle collision.
Aggressive Driving
Not all collisions are accidents, and sideswipe collisions are common in road-rage incidents. If a driver uses their car to intentionally strike another vehicle, they may be liable for the crash and face criminal charges.
Who Is at Fault When Changing Lanes?
Florida Statute 316.085(2) says no vehicle may be driven from a direct course in any lane until the driver has determined that no other vehicle is approaching or passing in the lane or on the side the driver wants to move into, and that the move can be completed with safety and without interfering with the safe operation of any vehicle approaching from the same direction. Under Florida Statute 316.085(3), violating that rule is a noncriminal traffic infraction punishable as a moving violation, and that citation is usually the first thing an adjuster looks at. While it might seem clear that one vehicle is always at fault, there are cases when two vehicles try to change into each other's lane at the same time. There are also times when neither driver involved in a side impact will admit to changing lanes.
In order to assign fault, the investigating officer often has to try to determine the exact point of impact on the roadway. This is often difficult since the drivers may move their cars after the accident, and the debris can be scattered by the impact or by other cars.
Who Is at Fault When Merging?
The merging driver is usually at fault, because a merge is a lane change and Florida Statute 316.085(2) puts the duty on the driver leaving a direct course. A merge happens entering a highway from a ramp, moving onto an exit ramp, or anywhere two lanes converge. The car entering the lane that continues has to yield to the traffic already in it. This can be a little confusing, particularly in situations where it's not clear whether one of the lanes is ending.
How Comparative Negligence Works in Florida
Florida uses modified comparative negligence. Your damages are reduced by your own share of the fault, so a driver 30 percent at fault collects 70 percent. There is a hard ceiling on that: under Florida Statute 768.81(6), a party found more than 50 percent at fault for his or her own harm may not recover any damages at all. The one carve-out is medical negligence under chapter 766, which the subsection excludes. This is often the case in sideswipe accidents. For instance, if driver one changes lanes because they believe they're clear, but driver two reaches their location because they're driving over the speed limit, both parties may be partially at fault.
What You Should Do if Another Driver Sideswipes You
Liability in a sideswipe accident can be particularly difficult to determine, so ensure your safety first, then preserve the evidence to the best of your ability.
- Call 911. Give the dispatcher your location, vehicle description, injuries, and any other information they ask for.
- Determine whether you can safely exit your vehicle.
- Avoid moving your car if possible. If necessary, and you can do so safely, take pictures of the location of the vehicles before you move your car. The final resting position of the vehicles may be critical to your case.
- Take photos of the accident, geographic indicators, property damage, and injuries.
- Ask witnesses to remain until the police arrive. If they can't, take down their contact information.
- Allow EMTs to examine you for injuries. If necessary, allow them to transport you to the emergency room.
- Contact an auto accident lawyer in Florida before discussing your case with your insurance company.
Personal injury lawyers in Florida work on a contingency basis, which means the fee is a percentage of what is recovered and is owed only if there is a recovery. Ask how case costs are handled, because filing fees, medical records charges and expert fees are treated separately from the fee itself.
Two deadlines matter after a Florida crash. To qualify for PIP medical benefits, you generally must receive initial services and care within 14 days after the motor-vehicle crash under Florida Statute 627.736(1)(a). Other PIP benefit categories and coverage conditions should be reviewed separately. Separately, a negligence lawsuit against the at-fault driver must be filed within two years of the crash under Florida Statute 95.11(5)(a) for crashes on or after March 24, 2023.
Frequently Asked Questions About Sideswipe Accidents
These are the questions people ask most often about sideswipe car accidents. If you have been hurt in a crash in Broward or Palm Beach County, contact Weinstein Legal Team to discuss your case.
Who is Liable For a Sideswipe Wreck in Florida?
In most cases, the person changing lanes is liable. If both cars were simultaneously changing lanes, the insurance companies might have to determine who is primarily at fault. This is why it's important to preserve as much evidence as possible in the moments after the accident.
Why Do I Need an Attorney to Make an Insurance Claim?
If you go directly to an insurance company, they will move quickly to settle your claim. That's because they would rather not have to negotiate with a personal injury law firm in Florida. The adjuster will offer to cut you a check for your property damage, your medical bills, and even a little extra for your pain and suffering. But they'll also require you to sign a release, which will prevent you from pursuing further damages. If your injuries are more substantial than you anticipated, your money will run out.
Should I Go to the Doctor If My Injuries Are Minor?
Go, and go quickly. Under Florida Statute 627.736(1)(a), personal injury protection pays medical benefits only if you receive initial services and care within 14 days of the crash, so waiting can cost you the coverage outright. Injuries that look minor in the first days also turn into more serious conditions, and an early exam gives you a dated baseline to compare against.
Can I Collect Damages if I'm Partially At Fault?
Yes, as long as you were not more than 50 percent at fault. Florida uses modified comparative negligence (Florida Statute 768.81(6)): your damages are reduced by your share of the fault, and a driver found more than 50 percent at fault recovers nothing.
How Can I Afford an Attorney?
Plaintiffs in personal injury cases don't pay legal fees up front. Personal injury lawyers collect their fees at the end of the case as a percentage of the recovery only if they're successful. You will not owe attorney's fees or costs unless we recover for you.
Car Accident Lawyers of Florida
For years, Attorney Justin Weinstein of Weinstein Legal Team has been helping accident victims seek justice. Mr. Weinstein will review your case on a contingency basis, and if he believes that it's viable, he will pursue damages on your behalf. You can work on your physical recovery while Weinstein Legal Team fights for your rights. Call today for a free consultation.
