New Jersey Sideswipe Accidents
Getting involved in a sideswipe accident in New Jersey could lead to serious injuries, hospital bills and expensive property damage. Navigating the state’s no-fault car insurance law can be difficult when attempting to seek financial compensation for this type of crash. You may need help from an experienced New Jersey car accident attorney.
What Is a Sideswipe Accident?
A sideswipe accident describes a type of motor vehicle collision where the sides of two vehicles make contact when traveling next to each other in the same direction. If two vehicles are driving side by side on a multi-lane highway, for example, and one car unsafely departs its lane, it could touch or hit the car next to it.
Sideswipe collisions can cause both vehicles involved to lose control and crash into each other or collide with surrounding cars. It can also force one driver to veer off the road to try to avoid a collision, potentially striking a tree or fixed object. This is known as a no-contact crash, which can still be the fault of the driver in the wrong despite the two vehicles not making contact.
How Do Sideswipe Accidents Happen?
A sideswipe accident can result from many different driver mistakes and acts of negligence, or the failure of a driver to operate a vehicle with due care. When a driver violates a traffic law or fails to pay enough attention to the road, he or she could collide with the side of another vehicle.
Common causes of sideswipe accidents include:
- Unsafe lane changes
- Failing to check blind spots
- Unintentional lane departures
- Weaving in and out of multiple lanes
- Unsafe or illegal passing
- Speeding, racing or reckless driving
- Driving under the influence
- Distracted driving or texting and driving
- Drowsy driving
On roads that are divided into multiple lanes of traffic, drivers are required to remain in one lane and only leave the lane when it is safe for them to do so. Any unsafe maneuver that brings a driver into another driver’s lane at the wrong time could result in a sideswipe car accident.
Who Is Liable for a Sideswipe Accident?
New Jersey is unique in that it uses a no-fault car insurance law. It is one of only 12 states to do so. Under this rule, a driver’s primary source of financial compensation after a motor vehicle accident is his or her own car insurance, regardless of fault for the crash. All drivers in New Jersey are required to purchase personal injury protection (PIP) insurance to pay for their own medical costs after a car accident, whether or not the driver was at fault.
A driver can only hold another person responsible for a sideswipe accident if he or she has been severely injured and has unlimited right to sue insurance, which is an optional type of policy. With this coverage, an injured accident victim can bring a claim against the driver at fault for the sideswipe accident outside of New Jersey’s no-fault law even with minor injuries.
In addition, the injuries caused by the crash must meet the state’s tort threshold, meaning they must inflict permanent loss of a bodily function, permanent disfigurement or dismemberment, or medical expenses in excess of $3,600. Any injuries that do not meet this threshold must be addressed with a first-party PIP claim rather than a claim against a third party.
Contact an Attorney for Help After a Sideswipe Accident in New Jersey
For assistance navigating New Jersey’s car insurance laws after a sideswipe accident, contact a car accident attorney. An attorney will represent your best interests during settlement negotiations or a personal injury claim while you focus on healing from your injuries.