After a sideswipe accident, you are left with more than just vehicle damage. You now face the challenge of determining fault, documenting injuries that may not be immediately apparent, and pursuing a claim for compensation. In Arizona, the process involves specific laws and rules that may directly impact your recovery.
Proving who is responsible in a sideswipe is not always straightforward. The other driver may have a different version of events, and the legal system creates nuances that insurance adjusters may use to reduce or deny a claim. These are not issues you should have to decipher while managing your medical care and daily life.
You have the right to seek compensation for your medical treatments, lost income, vehicle repairs, and the disruption this has caused. At Gallagher & Kennedy, our experienced car accident lawyer in Phoenix, Arizona, team takes on these complex tasks for you, allowing you to focus on healing and moving forward.
For a clear understanding of your options, call Gallagher & Kennedy at (602) 530-8400 for a no-cost consultation.
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The First Question on Your Mind: Who Was At Fault?
After a collision, the responding officer’s report provides an initial summary of the event. It contains important details, including driver statements, a diagram of the scene, and the officer’s opinion on contributing factors. However, this report is not the final word on legal liability.
Sometimes, factors arise that lead to an incomplete or contested report. Witnesses may give conflicting accounts of what happened. Physical evidence like tire marks might be minimal. In some cases, the officer may not have had enough information to make a definitive conclusion about fault. An attorney is able to help investigate further to build a more complete picture of what happened during the accident.
How Arizona Law Defines Responsibility in a Sideswipe
In any personal injury case, the central legal concept is negligence. It means one driver failed to act with the reasonable care that another person would have in the same situation, and this failure caused the accident and your injuries. In sideswipe cases, this often comes down to a specific rule of the road.
Arizona Revised Statutes § 28-729 is frequently at the heart of these claims. A violation of this statute is strong evidence of negligence. Common negligent actions we see in sideswipe cases include:
- An unsafe lane change performed directly in front of another vehicle.
- Drifting or swerving into an adjacent lane because of a distraction, such as texting or adjusting the radio. According to the Arizona Department of Transportation (ADOT), distracted driving is a persistent and dangerous problem on our roads.
- Failing to properly check a blind spot before merging or changing lanes.
- Overcorrecting after drifting onto the shoulder, causing the vehicle to swerve back across traffic.
What if Both Drivers Share Some Responsibility?
Insurance companies may sometimes argue that you also played a part in causing the accident. They might suggest you were speeding, not paying attention, or had an opportunity to avoid the collision. In Arizona, this brings up the legal rule of “pure comparative fault.”
Think of total fault for the accident as a pie chart. Under this rule, a jury assigns a percentage of fault to each party involved. If you are found to be 10% responsible for the collision, you can still recover compensation, but your final award will be reduced by your percentage of fault. In this example, you could recover 90% of your total damages.
Our team at Gallagher & Kennedy have years of experience in obtaining evidence to build your case. From traffic camera footage and witness statements to accident reconstruction analysis, we ensure this percentage of fault is assigned accurately. We work to protect your right to fair compensation by presenting a clear and fact-based account of the other driver's negligence.
The Hidden Story: Understanding Sideswipe Injuries
Why "Just a Sideswipe" Can Cause Serious Harm
The term "sideswipe" sounds minor, suggesting a simple scrape between two vehicles. However, the physics of this type of impact tell a different story. The sudden, violent sideways jolt twists the body in unnatural ways, leading to injuries that are not always immediately obvious. Your body is propelled toward the point of impact, creating significant rotational forces on your neck and spine.
While advanced safety features like side-curtain airbags and reinforced door frames are designed to mitigate these forces, no car is completely accident-proof. The energy from the collision still transfers to the vehicle's occupants.
Injuries That Can Surface Days or Weeks Later
The adrenaline that floods your system during a crash usually masks pain signals. This is why feeling fine immediately after the accident is not a reliable indicator of your physical condition. Seeking a thorough medical evaluation is a practical step to protect your health. It also acts as a crucial record connecting any subsequent medical issues back to the collision and is fundamental to building a strong claim.
Some of the most common delayed-symptom injuries we see after a sideswipe include:
- Whiplash and Soft Tissue Damage: The rapid side-to-side motion of the head and neck can cause strains, sprains, and tears in the muscles and ligaments. The pain, stiffness, and headaches associated with whiplash may not peak until 24 to 48 hours after the accident.
- Spinal Cord Injuries: The rotational force from a side impact could cause discs in the spine to shift, bulge, or herniate. This may lead to radiating pain, numbness, or weakness in the arms or legs, with symptoms that may worsen over time.
- Traumatic Brain Injuries (TBIs): Even without a direct blow to the head, the violent jarring motion could cause the brain to strike the inside of the skull. A concussion or a more severe TBI may result, with symptoms like confusion, memory problems, and sensitivity to light that might not appear right away.
- Shoulder, Hip, and Knee Injuries: The side of your body that absorbs the impact is vulnerable to significant harm. Torn rotator cuffs in the shoulder, labral tears in the hip, and ligament damage in the knee are common as these joints are violently pushed against the car's interior.
The Financial Ripple Effect: Accounting for Every Loss
It’s More Than Just the Car Repair Bill
An unexpected accident immediately introduces financial stress into your life. The initial focus is often on the vehicle damage, but the true costs quickly multiply. Medical bills start arriving in the mail, and if your injuries prevent you from working, the loss of income creates another layer of anxiety.
The Two Types of Damages You Can Pursue
In an Arizona personal injury claim, the compensation you seek is divided into two main categories. A knowledgeable attorney will be able to help ensure every loss is accounted for in your demand for compensation.
Economic Damages (The Tangible Costs):
These are the specific, calculable financial losses resulting from the accident. They include:
- Medical Bills: This covers all related costs, from the initial emergency room visit and ambulance ride to any future surgeries, physical therapy, chiropractic care, and prescription medications.
- Lost Wages: This is the income you lost during the time you were unable to work while recovering from your injuries.
- Loss of Future Earning Capacity: If your injuries are permanent and affect your ability to perform your job or earn the same living you did before, you may be compensated for this long-term loss.
- Property Damage: This includes the full cost to either repair your vehicle to its pre-accident condition or, if it is declared a total loss, its fair market replacement value.
Non-Economic Damages (The Intangible Impact):
These damages compensate you for the non-financial ways the accident has affected your life. Though they don't come with a receipt, their impact is very real:
- Pain and Suffering: This is compensation for the physical pain, discomfort, and emotional distress caused by the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, recreational activities, or family routines that you once loved, this seeks to compensate for that loss.
How We Build Your Case: A Disciplined, Methodical Approach
The Investigation: Gathering the Facts
Building a strong personal injury claim begins with a prompt and thorough investigation. Our firm conducts its own independent inquiry to gather all the facts needed to establish liability and document the full extent of your damages.
Our Process Includes:
- Securing Evidence: We act quickly to preserve important evidence that could disappear over time. This includes sending official spoliation letters to demand that trucking companies preserve driver logs or that businesses save security camera footage before it is recorded over.
- Interviewing Witnesses: We identify and speak with anyone who saw the accident. Capturing their recollections while the memory is still fresh is key to securing strong evidence for your claim.
- Analyzing the Scene: When liability is contested or the crash is complex, we may work with accident reconstructionists. These professionals use physics and engineering principles to scientifically determine vehicle speeds, impact angles, and the sequence of events that led to the collision.
The Demand: Presenting Your Story to the Insurance Company
Once you retain our firm, all communication from insurance adjusters is directed to us. You will be able to focus on your recovery without the pressure of providing recorded statements or fielding questions designed to minimize your claim.
It is not uncommon for an insurance company to make a quick settlement offer. This may feel like a lifeline when bills are piling up. However, an early offer to close a claim before the full extent of your injuries and financial losses is known will not be beneficial for you.
We do not enter into negotiations until we have a complete understanding of your case. We compile all the evidence including your complete medical records, reports from medical and economic professionals, income loss statements, and a detailed legal argument into a formal demand package.
The Deadline: Arizona's Two-Year Statute of Limitations
The statute of limitations is a law that sets a time limit for filing a lawsuit. For most personal injury cases in Arizona, you have two years from the date of the accident to file your claim in court.
If a lawsuit is not formally filed within this two-year period, your right to seek compensation is typically lost forever, regardless of the severity of your injuries or the clarity of the other driver's fault. While two years may seem like a long time, building a thorough and compelling case requires a significant portion of it. It is important to consult with an attorney well before the deadline approaches to protect your rights.
Frequently Asked Questions About Sideswipe Accidents in Arizona
What if the other driver has no insurance or not enough to cover my bills?
This is a common concern. If the at-fault driver is uninsured or their policy limits are too low to cover your damages, you may be able to make a claim through your own insurance policy, provided you have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This is optional coverage in Arizona that we recommend to all drivers. It effectively allows your own insurance company to step into the shoes of the at-fault driver's insurer to pay for your damages.
The other driver’s insurance company offered to pay for my car repairs right away. Should I accept it?
You typically resolve the property damage portion of your claim separately from your injury claim. Accepting payment for your vehicle repairs does not usually prevent you from pursuing compensation for your medical bills and other damages. However, it is important to be cautious. Never sign any release or settlement agreement without reading it carefully, as it may contain language that terminates all of your rights, including your injury claim. It is wise to have an attorney review any document before you sign.
How much does it cost to hire an attorney from Gallagher & Kennedy?
We handle personal injury cases on a contingency fee basis. This means you do not pay any attorney's fees upfront. We only receive a fee if we successfully recover compensation for you, either through a settlement or a court verdict. Our fee is a percentage of the total recovery. This arrangement allows you to have dedicated legal representation without worrying about out-of-pocket costs while you are recovering.
My sideswipe happened on a busy Phoenix freeway like the I-17 or Loop 202. Does the location change my case?
While the fundamental laws of negligence apply everywhere, the dynamics of a high-speed freeway accident can make a case more complex. Higher speeds often lead to more severe injuries and more complicated accident reconstruction. Freeways like the I-17 and Loop 202 often have traffic cameras, and our investigative team knows how to request this footage from ADOT or other relevant authorities. The location does not change the law, but it may impact the type of evidence needed to prove your case.
The police cited the other driver for reckless driving. How does that impact my personal injury claim?
A citation for a serious traffic violation like reckless driving could be very powerful evidence in your personal injury claim. It serves as a strong indicator of the other driver's negligence. While a guilty plea or conviction for the traffic offense can be used to support your civil case, the insurance company may still try to contest liability. We will be able to use this citation as a key piece of evidence in negotiations to demonstrate the strength of your claim.
Let Gallagher & Kennedy Straighten Things Out for You
A sideswipe accident has the potential to veer your life off its intended course. The confusion over fault, the delayed onset of pain, and the pressure from insurance companies are burdens you do not have to carry alone while you recover. Let our team handle the legal complexities so you are able to concentrate on what matters most: your health and your family. With the guidance of an experienced Phoenix personal injury lawyer, you can pursue the compensation you deserve while focusing on your recovery.
Call Gallagher & Kennedy today for a free, confidential consultation at (602) 530-8400.