Who Is At Fault for a Sideswipe Accident?

Sideswipe accidents happen fast, often in a single second of inattention, and they can leave both drivers pointing fingers at each other. Because there is rarely a clear moment of impact that everyone agrees on, figuring out who caused a sideswipe collision can be more complicated than it looks.

At Mulembo Law PLLC, we are proudly serving Tucson and all of Arizona, and we regularly help injured drivers sort out fault after these exact kinds of crashes. 

Here is what typically determines liability in a sideswipe accident and what you should do if you are involved in one.

What Counts as a Sideswipe Accident?

A sideswipe accident occurs when two vehicles traveling in the same or opposite direction make contact along their sides, rather than head on or from behind. 

These crashes most often happen when:

• A driver changes lanes without checking their mirrors or blind spot
• A vehicle drifts out of its lane due to distraction or drowsiness
• Two cars merge into the same lane at the same time
• A driver crosses the centerline on a two-lane road

Because the damage is usually limited to the side panels, sideswipe accidents can seem minor. 

But at highway speeds, they can cause a driver to lose control, swerve into another lane, or roll over, resulting in serious injuries.

How Fault Is Usually Determined

The Driver Who Changed Lanes Is Often Liable

In most sideswipe cases, the driver who moved out of their lane is presumed to be at fault. 

Arizona law requires drivers to confirm a lane change can be made safely before moving, and failing to do so is a common basis for a negligence claim. 

If a driver merges into an occupied lane without signaling, checking their mirrors, or looking over their shoulder, that failure typically points to their liability.

Both Drivers Can Share the Blame

Fault is not always one sided. If both vehicles drifted toward each other, or if one driver was speeding while the other made an unsafe lane change, both parties may share responsibility. 

Arizona follows a pure comparative negligence rule under A.R.S. § 12-2505, which means an injured driver can still recover compensation even if they were partly at fault for the accident. Their final award is simply reduced by their percentage of fault. 

For example, a driver who is found 20% responsible for a sideswipe crash can still recover 80% of their damages.

This rule matters because insurance companies often try to shift blame onto the injured party to reduce a payout. 

Having an attorney who can push back on an unfair fault assignment can make a real difference in what you ultimately recover.

Evidence That Helps Establish Fault

Because sideswipe accidents happen quickly, evidence is critical to sorting out what really occurred. 

Useful evidence often includes:

• Damage location and pattern on both vehicles
• Dashcam or nearby surveillance footage
• Witness statements
• Skid marks or debris fields
• The police report and any citations issued
• Cell phone records, if distracted driving is suspected

An early, thorough investigation is often the difference between a fair settlement and a fight with the insurance company over who caused the crash.

What to Do After a Sideswipe Accident

If you are involved in a sideswipe collision, try to:

1. Move to safety and call 911 to report the accident
2. Exchange insurance and contact information with the other driver
3. Take photos of both vehicles, the road, and any relevant signage or lane markings
4. Get contact information from any witnesses
5. Seek medical attention, even if your injuries seem minor
6. Avoid admitting fault or giving a recorded statement to the other driver’s insurance company before speaking with an attorney

How an Attorney Can Help After a Sideswipe Crash

Fault disputes are common in sideswipe cases, and insurance adjusters know that these accidents can be hard to reconstruct after the fact. 

An experienced attorney can gather evidence, work with accident reconstruction experts when needed, and negotiate with insurers so that fault is assigned accurately and your recovery is not unfairly reduced. 

To learn more about how we handle these claims, visit our Auto Accident service page, part of our broader Personal Injury practice.

Talk to a Tucson Personal Injury Attorney Today

If you were hurt in a sideswipe accident anywhere in Tucson or elsewhere in Arizona, do not let an insurance company decide who was at fault without a fight. 

Call Mulembo Law PLLC today at (520) 462-5110 or schedule a consultation online to discuss your case and find out what your options are.