Who is at Fault for a Sideswipe Car Accident in Alabama?

January 23, 2025

Who is at Fault for a Sideswipe Car Accident in Alabama?

Sideswipe car accidents are a common type of collision that can happen anywhere, including the highways and streets of Alabama. Determining fault in these accidents can be challenging, especially given Alabama’s unique contributory negligence laws. These accidents typically occur when two vehicles traveling in the same direction make lateral contact, often due to improper lane changes, distracted driving, or failure to check blind spots.   

What Is a Sideswipe Accident?                

A sideswipe accident occurs when two vehicles traveling parallel to each other collide along their sides. These types of accidents are often caused by: 

  • Unsafe Lane Changes: A driver merging without proper signaling or awareness of their surroundings. 
  • Blind Spot Issues: Failing to check blind spots before changing lanes. 
  • Distracted Driving: Activities like texting, adjusting the GPS, or eating while driving can lead to errors. 
  • Speeding: Excessive speeds reduce reaction time, increasing the likelihood of a collision. 
  • Road Conditions: Poor visibility, slippery surfaces, or unclear lane markings can also play a role. 

While sideswipes might initially appear to cause minor damage, the consequences can be severe, especially at high speeds or on busy Alabama highways. 

Determining Fault in a Sideswipe Car Accident in Alabama           

Fault in a sideswipe accident often hinges on driver behavior and adherence to traffic laws. Common indicators of fault include: 

  • Failure to Maintain Lane: Alabama law requires drivers to remain in their designated lanes unless it is safe to change. A driver who drifts or swerves into another lane may be deemed at fault. 
  • Improper Lane Changes: Drivers must use their turn signals and yield to vehicles already occupying the lane they wish to enter. 
  • Negligence in Checking Blind Spots: Drivers who fail to properly check their blind spots before merging or changing lanes are often held responsible. 
  • Distracted or Impaired Driving: If one driver is found to be texting, using their phone, or under the influence of drugs or alcohol, they are more likely to be held at fault. 
  • Exceeding Speed Limits: Speeding not only increases the risk of an accident but also complicates fault determination. 

Alabama’s Contributory Negligence Rule                

Alabama is one of only a handful of states that still adheres to the strict contributory negligence doctrine. Under this rule: 

  • If you are found to be even 1% at fault for an accident, you are completely barred from recovering any damages. This applies to various types of personal injury cases, including car accidents, slip and falls, and product liability claims. 
  • Insurance companies often leverage this rule to deny claims, highlighting the critical importance of presenting strong evidence to prove the other party’s sole responsibility. An experienced attorney can help gather such evidence and build a compelling case to counter potential contributory negligence defenses. 

Consider this scenario: Driver A changes lanes without signaling and sideswipes Driver B, who is slightly speeding. Even though Driver A initiated the collision, Driver B’s speeding could be used to assign partial blame. Under Alabama’s contributory negligence law, this could potentially bar Driver B from recovering any compensation, despite Driver A’s more significant fault in causing the accident. 

It’s important to note that there are some exceptions to this rule. For instance, children under 14 and individuals with mental challenges are generally considered incapable of being contributorily negligent. Additionally, in cases of wanton behavior, where the defendant acted with conscious disregard for others’ safety, the contributory negligence rule may not apply. 

Steps to Take After a Sideswipe Car Accident in Alabama                   

If you are involved in a sideswipe accident in Alabama, follow these steps to protect your rights and build a strong case: 

  • Ensure Safety: Move to a safe location if possible and check for injuries. 
  • Call Law Enforcement: Alabama law requires you to report any accident involving significant property damage or injuries. A police report can be crucial in determining fault. 
  • Document the Scene: Take photos of the vehicles, roadway, and any visible damage or skid marks. 
  • Gather Information: Exchange names, contact information, insurance details, and license plate numbers with the other driver. 
  • Collect Witness Statements: If there are bystanders, ask for their contact information and a brief account of what they saw. 
  • Seek Medical Attention: Even minor symptoms should be evaluated, as some injuries, like whiplash, may not be immediately apparent. 
  • Contact an Attorney: An experienced Alabama car accident attorney can help you navigate the legal process and protect your interests. 

Common Challenges in Alabama Sideswipe Accident Cases         

Sideswipe accident cases in Alabama often involve disputes over fault. Here are some of the most common challenges: 

  • Conflicting Accounts: Drivers often have differing stories about how the accident occurred, making it harder to determine fault. 
  • Insufficient Evidence: Lack of dashcam footage, eyewitness accounts, or police reports can weaken a claim. 
  • Insurance Company Tactics: Insurers may use Alabama’s contributory negligence rule to deny or minimize payouts. 
  • Complex Damage Assessments: Sideswipe collisions can cause hidden structural damage that may not be immediately obvious. 

A skilled attorney can help address these challenges by thoroughly investigating the incident and gathering the necessary evidence. 

Proving Fault in a Sideswipe Car Accident in Alabama    

Determining fault in a sideswipe car accident is essential, especially in Alabama, where the state’s contributory negligence rule can make or break a claim. Proving fault often requires a thorough investigation and strong evidence. Here are the most effective methods for establishing liability in these types of accidents: 

Examine Physical Evidence 

  • Vehicle Damage: Analyze the location and extent of the damage on both vehicles. For example, scrape marks or dents on the front side of one car and the rear side of the other may suggest improper merging. 
  • Skid Marks: Tire marks on the road can indicate sudden braking or swerving, providing clues about which driver tried to avoid the accident. 
  • Road Conditions: Poor signage, unclear lane markings, or debris on the road can contribute to the accident and may involve third-party liability. 

Review Traffic Laws 

Understanding Alabama’s specific traffic laws is critical. Violations, such as failing to signal or improperly changing lanes, can demonstrate negligence and help assign fault. Police reports often reference these violations, making them a vital piece of evidence. 

Gather Eyewitness Testimony 

Witnesses can provide impartial accounts of the accident, clarifying details such as: 

  • Which vehicle initiated the lane change. 
  • Whether turn signals were used. 
  • The speed and behavior of each driver. 

Use Technology to Your Advantage 

  • Dashcam Footage: Videos from dashcams can show exactly what happened, eliminating much of the guesswork. 
  • Traffic Cameras: In some locations, footage from nearby traffic cameras may be available. 
  • Event Data Recorders (EDRs): Many modern vehicles have onboard data systems that record speed, braking, and other metrics at the time of an accident. 

Frequently Asked Questions About Alabama Sideswipe Accidents   

What should I do if the other driver denies fault? 

 Document the scene thoroughly, collect witness statements, and contact an attorney to help prove liability. 

Can I recover damages if I wasn’t wearing a seatbelt? 

Possibly, but failure to wear a seatbelt could complicate your case under Alabama’s contributory negligence rule. 

How long do I have to file a claim? 

In Alabama, you generally have two years from the date of the accident to file a personal injury lawsuit. 

Does Alabama have no-fault insurance? 

No, Alabama is an at-fault state, meaning the driver responsible for the accident is liable for damages. 

What if the other driver was uninsured? 

Your uninsured motorist coverage may help cover damages, but these cases can be complex, requiring legal assistance. 

Choose Hodges Trial Lawyers, P.C. for Your Alabama Sideswipe Accident Case  

Sideswipe accidents in Alabama require a nuanced understanding of state laws and fault determination. At Hodges Trial Lawyers, P.C., we have a proven track record of helping clients navigate even the most complex cases. Our team is dedicated to securing the compensation you deserve for medical bills, property damage, and emotional distress. Contact us today to schedule a free consultation and learn how we can help you.