Alabama Sideswipe Collision Attorneys

It happens in an instant. You are driving in your lane on I-65, I-10, or a multi-lane road like Highway 280, when a sudden, violent jolt strikes the side of your vehicle. The terrifying sound of metal scraping metal is followed by a loss of control, sending your car spinning across traffic or careening off the road. This is the chaotic reality of a sideswipe collision.

Because these crashes often happen at high speeds, the consequences can be devastating, leaving victims with serious injuries and a vehicle that is a total loss. When this happens because another driver was careless, distracted, or aggressive, the path forward to recovery can be complicated and overwhelming

What Exactly Is a Sideswipe Collision?

A sideswipe collision occurs when the sides of two vehicles traveling in the same or opposite directions make contact. While any car accident is dangerous, sideswipe impacts are particularly hazardous because they can trigger a chain reaction of more severe events.

There are generally two types of sideswipe accidents:

  • Same-Direction Sideswipes: This is the most common type. It happens when two vehicles are traveling parallel to each other, and one veers into the adjacent lane, striking the side of the other. This often occurs during unsafe lane changes, highway merging, or when a driver drifts due to distraction.
  • Opposite-Direction Sideswipes: This type of crash involves two vehicles traveling in opposite directions. One vehicle crosses the centerline and strikes the side of an oncoming car. These are often the result of driver fatigue, impairment, or a severe distraction.

The Hidden Dangers of Sideswipe Accidents

There is a common misconception that sideswipe collisions are “minor” fender-benders. This is rarely the case, especially on Alabama’s high-speed interstates. The initial impact is often just the beginning of the accident sequence.

The lateral force from a sideswipe can easily cause a driver to lose control of their vehicle. This is sometimes called a “PIT maneuver” effect, similar to the tactic police use to stop a fleeing car. The impact can cause the struck vehicle to:

  • Spin out into other lanes of traffic, leading to secondary collisions with other vehicles.
  • Roll over, which dramatically increases the risk of catastrophic injuries or fatalities.
  • Veer off the road and strike a fixed object, such as a guardrail, median, concrete barrier, or tree.

In many cases, the most severe injuries do not come from the initial sideswipe itself but from the secondary crash that it causes.

Common Causes of Sideswipe Collisions in Alabama

Most sideswipe accidents are not “accidents” at all; they are the direct result of another driver’s negligence. Identifying the root cause is a key part of building a personal injury claim.

Common causes include:

  • Distracted Driving: A driver texting, adjusting a GPS, or attending to passengers may drift out of their lane without realizing it.
  • Failure to Check Blind Spots: This is a primary cause during lane changes. A driver who relies only on mirrors without turning their head can easily collide with a vehicle in their blind spot.
  • Impaired Driving: A driver under the influence of alcohol or drugs has slowed reaction times, poor coordination, and impaired judgment, making them unable to maintain a single lane.
  • Aggressive Driving or Road Rage: An impatient driver may intentionally swerve at another vehicle or attempt to “cut off” another car, misjudging the distance.
  • Fatigued Driving: Drowsy drivers, especially on long stretches of I-65, I-20, or I-59, can fall asleep at the wheel and drift across lanes.
  • Overcorrection: A driver who drifts onto the shoulder may panic and jerk the wheel too hard to get back on the road, sending their car into an adjacent lane.
  • Adverse Weather: Heavy rain, common in Alabama, can cause vehicles to hydroplane and lose control, sliding into other cars.
  • Unsafe Merging: Drivers entering a highway who fail to yield the right-of-way or merge at an improper speed can cause a sideswipe.

Where Do Sideswipe Accidents Frequently Occur in Alabama?

These collisions can happen on any multi-lane road, but are most prevalent in specific high-traffic areas:

  • Major Interstates: I-65 (especially through Athens and surrounding areas) and I-565 near Huntsville are frequent sites of sideswipe accidents due to high traffic volume and a mix of commercial trucks and passenger vehicles.
  • Busy Urban Highways: Roads like Memorial Parkway and I-565 in Huntsville, Beltline Road and Highway 31 in Decatur, and Highway 72 through Athens and Florence often experience sideswipes caused by constant lane changes, congestion, and multiple intersections.
  • Construction Zones: Merging lanes, jersey barriers, and shifting traffic patterns in construction zones create tight quarters where sideswipes are common.
  • On-Ramps and Off-Ramps: The point where vehicles are merging onto or exiting a highway is a frequent location for these crashes as drivers negotiate for position.

What Types of Injuries Result from Sideswipe Impacts?

The violent, jarring motion of a sideswipe and the potential for a secondary crash can cause a wide range of serious injuries. The person on the side of the impact often sustains the worst harm.

Common injuries include:

  • Whiplash and Neck Injuries: The sharp side-to-side motion can tear muscles and ligaments in the neck and upper back.
  • Traumatic Brain Injuries (TBIs): A victim’s head can strike the side window, B-pillar, or even the other vehicle, leading to concussions or more severe brain damage.
  • Shoulder, Arm, and Hand Injuries: The driver and passengers on the impact side often suffer rotator cuff tears, arm fractures, or crushed hands as the door and side panel are pushed inward.
  • Spinal Cord Injuries: If the sideswipe results in a rollover or a high-speed impact with another object, the forces can be strong enough to fracture vertebrae and damage the spinal cord, potentially leading to paralysis.
  • Fractures: Broken hips, legs, and ribs are common from the blunt force trauma of the impact.
  • Lacerations and Abrasions: Broken glass and twisted metal can cause deep cuts and permanent scarring.

How Is Fault Determined in an Alabama Sideswipe Case?

To recover compensation, the injured party must prove that the other driver was negligent and that their negligence caused the accident. In a sideswipe case, liability often hinges on which driver failed to maintain their lane.

However, the other driver’s insurance company will fight to prove otherwise. They may claim:

  • You were the one who drifted into their lane.
  • You were speeding, preventing them from merging safely.
  • You were in their blind spot and are therefore partially responsible.

These arguments are especially dangerous in Alabama due to one of the harshest laws in the country.

The Major Hurdle: Alabama’s Contributory Negligence Rule

This is one of the most important factors in any Alabama personal injury case. Alabama is one of only a few states that still follows the rule of “pure contributory negligence.”

This rule states that if you are found to be even 1% at fault for the accident that caused your injuries, you are legally barred from recovering any compensation from the other party.

This means the at-fault driver’s insurance company does not have to prove you were the main cause of the accident. They only need to convince a jury that you contributed to the crash in any small way—perhaps by going 2 MPH over the speed limit or by not reacting fast enough. This “all-or-nothing” rule makes fighting a personal injury claim in Alabama exceptionally difficult and is why having a skilled legal team is so essential.

What Evidence Is Key to Proving Your Claim?

Because of the contributory negligence rule, building a strong case requires overwhelming evidence that proves the other driver was 100% at fault. An experienced attorney will work to gather and preserve all available evidence, which may include:

  • The Alabama Uniform Traffic Crash Report: This report, filed by the responding police officer, contains the officer’s initial assessment of fault, diagrams, and witness information.
  • Photos and Videos from the Scene: Pictures of the vehicles’ final resting positions, the damage to both cars, skid marks, and any debris on the road are essential.
  • Witness Statements: Independent witnesses who saw the crash can provide an unbiased account of which driver left their lane.
  • Dashcam and Surveillance Footage: This is often the most powerful evidence. Footage from a dashcam or a nearby business’s security camera can definitively show what happened.
  • Vehicle “Black Box” Data: The Event Data Recorder (EDR) in modern cars can provide data on speed, braking, and steering inputs just before and during the impact.
  • Cell Phone Records: If distraction is suspected, phone records can show if the other driver was texting or talking on the phone at the time of the crash.
  • Accident Reconstruction Experts: In complex cases, a professional reconstructionist can analyze the physical evidence to scientifically determine the sequence of events and establish fault.

What Compensation Can Be Recovered After a Sideswipe Crash?

If you successfully prove the other party was entirely at fault, you may be entitled to recover compensation for all of your accident-related losses. This is known as “damages.”

Damages are typically split into three categories:

Economic Damages: These are the tangible, calculable financial losses, including:

  • All past and future medical bills (emergency room, hospital stays, surgery, physical therapy, medications).
  • Lost wages for the time you were unable to work.
  • Loss of future earning capacity if your injuries prevent you from returning to your job.
  • Property damage to your vehicle and other personal items.

Non-Economic Damages: These compensate you for the intangible, human losses, such as:

  • Physical pain and suffering.
  • Mental and emotional anguish.
  • Permanent scarring or disfigurement.
  • Loss of enjoyment of life (inability to participate in hobbies or activities).

Punitive Damages: In rare cases where the at-fault driver acted with extreme recklessness or malice (such as a drunk driver causing the crash), Alabama law may permit an award of punitive damages. These are not meant to compensate the victim but to punish the wrongdoer.

Steps to Take After an Alabama Sideswipe Accident

What you do in the moments and days after the crash can significantly impact your health and your ability to protect your legal rights.

  • Prioritize Safety and Health: Your first priority is health. Check yourself and passengers for injuries and call 911 immediately to report the crash and request medical assistance.
  • Move to a Safe Location: If you can do so safely, move your vehicle to the shoulder to avoid being hit again. If not, turn on your hazard lights.
  • Document the Scene: If you are able, use your phone to take pictures and videos of the damage to both cars, their positions, license plates, and the surrounding area.
  • Exchange Information: Get the other driver’s name, contact information, driver’s license number, and insurance details.
  • Do Not Admit Fault: Be polite, but do not apologize or say anything that could be interpreted as admitting fault (e.g., “I didn’t see you”). This is especially important in a contributory negligence state.
  • Seek Medical Attention: Even if you feel fine, get a full medical evaluation. Many serious injuries, like TBIs or internal bleeding, may not have immediate symptoms.
  • Decline Recorded Statements: The other driver’s insurance adjuster will likely call you quickly. Politely decline to provide a recorded statement until you have spoken with an attorney. Their goal is to find information to use against you.

Contact Our Alabama Sideswipe Collision Attorneys Today

Facing the aftermath of a serious sideswipe collision is overwhelming. While you focus on your physical recovery, the at-fault driver’s insurance company is already building a case to deny your claim or blame you for the crash. The legal team at Hodges Trial Lawyers is prepared to handle the complexities of your case. We will conduct a thorough investigation, gather the evidence needed to prove fault, and stand up to the insurance companies to fight for the full compensation you deserve.

Your family’s financial security and future well-being are at stake. Call us at 256-826-4129 or fill out our online contact form to schedule a free, confidential consultation. Let us listen to your story and explain how we can help.