Driving in Jersey City can be fun and exciting and offers an opportunity to explore local sights and other attractions. However, mistakes like a lack of concentration, a miscalculation, or negligent actions can lead to serious accidents.
A sideswipe accident in Jersey City can cause devastating injuries and have profound legal and financial implications. These types of accidents frequently occur on multi-lane highways.
Many accident victims make the mistake of working with the first lawyer they consult. It’s vital to work with a Jersey City car accident lawyer who has experience in cases similar to yours and a thorough understanding of personal injury laws and traffic rules in New Jersey. The lawyer can help determine if a valid and viable case exists and the extent of damages.
What Is A Sideswipe Accident?
A sideswipe accident occurs when the side of one car strikes the side of another. These accidents often involve vehicles travelling in the same direction, but in adjacent lanes. Occupants of a car involved in a sideswipe accident are at an extreme risk of further collision, whether hitting a guardrail or other vehicle, or leaving the roadway. Sideswipe crashes can also result in rollovers.
Improper lane change, distracted lane switching, unsafe merging of lanes, failure to monitor blind spots, or drifting into another lane elevates the risk of a sideswipe. Other reasons for a sideswipe include speeding, operating a vehicle under the influence of drugs or alcohol, reckless driving, road rage, inadequate vehicle maintenance, defective tires or brakes, inclement weather, and improper road design.
Efforts By New Jersey Legislature To Curb Unsafe Lane Changing
There are specific laws in New Jersey that drivers must adhere to while executing lane changes. These laws are in place to reduce traffic congestion, prevent reckless driving, and enhance highway safety.
New Jersey’s left lane law designates the left lane for passing. New Jersey drivers must stay in the right lane unless they are overtaking another vehicle or preparing for a left turn. Sudden or unsafe lane changes can attract fines and penalties.
Determining Liability In A Jersey City Sideswipe Accident
The primary cause of sideswipe accidents is negligence. In most sideswipe accidents, the car driver making the unsafe lane change or breaking a traffic rule is at fault for the accident. Every driver owes other road users a duty of care in New Jersey. Drivers must follow traffic rules and operate their vehicles responsibly.
The lawyer will gather crucial evidence for your car accident claim that includes a copy of the police report, eyewitness statements, video footage and photographs, medical reports and records, and testimonies of expert witnesses.
The lawyer must establish the following four main elements to prove the at-fault party’s liability:
- The defendant (the at-fault party) owed you a reasonable duty of care.
- The defendant breached their duty of care.
- The breach of duty by the defendant caused the accident
- The accident caused compensable damages that may include physical injury, property damage, lost wages, pain and suffering, mental anguish, emotional distress, and loss of quality of life
Under New Jersey’s modified comparative negligence rules, you can recover compensation even if you are partially at fault for an accident. However, you can recover damages only if your contribution to the occurrence of the accident is fifty percent or less.
The Critical Steps To Take In The Aftermath Of A Sideswipe Crash
Even if you believe that your injuries are not severe, call the police immediately after a minor crash and seek immediate medical care. Insurance companies will use any delay in receiving treatment against you in your personal injury claim or personal injury lawsuit. After seeking prompt medical care, you should take the following steps to protect your best interests and right to compensation:
- Stay at the accident scene and exchange contact and insurance information with other involved parties
- Report the accident to the law enforcement authorities and notify your insurance company
- Do not admit fault or blame anyone for the accident
- Document the accident scene and note down the details of the accident. Use your smartphone to take images of road conditions, property damages, and your injuries, if any
- Contact a car accident lawyer. One of the biggest impacts on the value of a car accident settlement is whether the accident victim has the effective guidance of an experienced car accident lawyer
Injured in a sideswipe car accident? Contact a lawyer
If you or someone you know has suffered injuries in a sideswipe auto accident in Jersey City or anywhere in New Jersey, do not try to handle your claim alone.
Omni Injury & Accident Law can accurately demonstrate your injuries with evidence and expert testimony to ensure you receive fair and just compensation for your injuries, lost wages, and other damages. Reach out to our lawyer for a free case review.