Kansas City Car Accident Lawyer Handles Complex Sideswipe Collision Claims
Reeling from the sickening jolt of being pushed sideways, you can experience a terrifying loss of control in a lane change crash. Sideswipe accidents can happen unexpectedly when another driver drifts into your lane without warning. At Foster Wallace, our Kansas City car accident lawyers understand how traumatic these collisions can be. We work diligently to help Missouri car crash victims recover the compensation they deserve.
Common Causes of Sideswipe Accidents
Most lane change crashes occur due to specific driving behaviors and conditions. Here are some primary causes we encounter in Kansas City sideswipe accident cases.
Poor Lane Discipline
Many drivers weave between lanes or attempt unsafe passes, especially in heavy traffic. A driver on the I-70 during rush hour might grow impatient with slow-moving traffic and attempt to squeeze their vehicle between two cars without adequate space, striking the side of another vehicle in the process.
Distracted Driving
Just a few seconds of inattention can lead to unintentional lane drift. A driver checking a text message on I-435 might gradually drift into the adjacent lane, sideswiping another vehicle before realizing they've crossed the line. Common distractions include texting, eating, adjusting the radio, or reaching for items in the vehicle.
Impaired Driving
Driving under the influence severely impairs judgment, reaction time, and spatial awareness. An intoxicated driver leaving a downtown Kansas City bar at night might weave across lane markings multiple times, eventually causing a sideswipe accident without even realizing they've crossed into another lane.
Drowsy Driving
Fatigued drivers experience impairments similar to drunk drivers. A truck driver pushing to complete their route despite exhaustion might drift between lanes on the I-29 in the early morning hours, sideswiping a passenger vehicle in the adjacent lane.
Aggressive Driving
Some drivers intentionally make unsafe lane changes or cut off other vehicles. A driver running late for work might aggressively weave through traffic on Ward Parkway, cutting too close to other vehicles and causing a lane change crash.
Weather Conditions
Rain, snow, and other bad weather conditions can make it difficult to maintain the proper lane position. A driver on Holmes Road during a heavy rainstorm might hydroplane slightly, causing their vehicle to slide sideways into another lane and sideswipe an adjacent vehicle.
Blind Spot Errors
Failing to check blind spots before changing lanes is a leading cause of sideswipe accidents. A driver merging onto I-670 might check their mirrors but fail to look over their shoulder, missing a bicycle in their blind spot and causing a sideswipe collision while merging.
Poor Vehicle Maintenance
Worn tires, misaligned steering, or other mechanical issues can make it difficult to maintain proper lane position. A driver with badly worn tires might experience a sudden loss of traction on U.S. Route 71, causing their vehicle to slide into another lane and sideswipe another car.
Critical Steps to Take After a Sideswipe Accident
The actions you take immediately following a sideswipe collision can significantly impact the prospects of your car accident claim.
- Call 911. Remain at the scene until police arrive. Even if the damage seems minor, a police report provides crucial documentation of the crash.
- Document everything possible. Take photos of both vehicles, focusing on the areas of impact, paint transfers, and any debris on the road. These details can help prove which driver crossed the lane line.
- Get medical attention. Even if you feel okay, some injuries may not show symptoms immediately. Prompt medical documentation connects your injuries to the crash.
- Collect contact information from witnesses. Neutral third-party accounts often prove invaluable when determining fault.
Understanding Common Sideswipe Accident Injuries
While some may think sideswipe accidents are minor crashes, they can still cause serious injuries, particularly when vehicles are forced into other lanes of traffic or off the road entirely. Common injuries from these types of car accidents include:
- Neck and back injuries. The violent sideways jerking motion of impact can cause whiplash, herniated discs, and soft tissue damage.
- Head injuries. These can occur if the victim's head strikes the window or door during impact. Even with airbag deployment, traumatic brain injuries can occur.
- Shoulder and arm injuries. Especially on the side of impact, the force of the lane change crash often causes sprains, strains, and even broken bones.
How Insurance Companies Handle Sideswipe Claims
Insurance adjusters often try manipulative tactics to minimize payouts in sideswipe accident cases. They may:
- Argue that both drivers share responsibility for the crash
- Claim your injuries existed before the accident
- Offer a quick settlement before you understand the full extent of your injuries
- Pressure you to give a recorded statement that could hurt your claim
Our Kansas City car accident lawyers protect you from these tactics while building a strong case for maximum compensation.
How Comparative Fault Laws Work in Sideswipe Accidents
Missouri and Kansas handle fault differently in sideswipe collisions, which can significantly impact your compensation.
Missouri Pure Comparative Negligence Law
Missouri follows a pure comparative fault system, allowing injury victims to recover compensation even if they share responsibility for the crash. For example, if you're found 30% at fault for a sideswipe accident because you were slightly over the lane marking, you can still recover 70% of your total damages. Even if you're found 90% at fault, you can still recover 10% of your damages.
Kansas Modified Comparative Negligence Law
Kansas uses a modified comparative fault system with a 50% threshold. This means you can recover damages reduced by your percentage of fault, but only if you're found less than 50% at fault. If you're found 50% or more responsible for the sideswipe collision, you cannot recover any compensation at all.
Additionally, Kansas follows a no-fault insurance system for car accidents. This means you must first seek compensation from your own personal injury protection (PIP) insurance, regardless of fault. You can only step outside the no-fault system and pursue a claim against the other driver if your injuries meet certain thresholds or your damages exceed your PIP coverage.
Why You Need an Experienced Car Accident Lawyer
Insurance companies often try to shift blame in sideswipe accidents, claiming both drivers were partially at fault. An experienced Kansas City car accident attorney can:
- Gather and preserve critical evidence before it disappears
- Interview witnesses while memories are fresh
- Work with accident reconstruction experts
- Handle all communication with insurance adjusters
- Calculate the full value of your damages
- Negotiate for maximum compensation
- File a lawsuit if necessary
Real Case Example of a Lane Change Crash
Foster Wallace recently helped a client recover $250,000 in policy limits after a hit-and-run sideswipe collision on Interstate 49 in Cass County, Missouri. The at-fault driver improperly changed lanes and struck our client's vehicle, forcing her off the road.
Despite the client's pre-existing health conditions making the case more complex, our thorough investigation and documentation of her neck, shoulder, back, and knee injuries helped secure maximum compensation.
The Foster Wallace Advantage
If you've been injured in a sideswipe collision in Kansas City, don't face the insurance companies alone. Our Kansas City car accident lawyers understand the unique challenges of sideswipe collision cases. We work with accident reconstruction specialists to prove fault and document the full extent of your losses. Our team can handle all aspects of your claim while you focus on your recovery.
