Sideswipe Accidents: Your Guide to Legal Representation by a Lawyer in Oregon
If you’ve been the victim of a sideswipe accident in Oregon, you are likely dealing with the sudden physical, emotional, and financial fallout, including mental anguish. Sideswipe collisions, where two parallel-moving cars make contact, are a specific type of car accident, and car accidents in general can have serious consequences for everyone involved. Navigating the aftermath—from vehicle repairs and medical bills to dealing with insurance companies—can be overwhelming. At the Law Office of Clay J. McCaslin, we understand the stress you’re under, and we are here to help you recover the compensation you deserve.
As experienced personal injury attorneys, we specialize in sideswipe accident cases and have extensive experience handling car accidents of all types, ensuring that victims receive fair compensation for their medical expenses, lost wages, and pain and suffering. This guide will walk you through the essential steps to take after an accident occurs, including what to do after a sideswipe crash, how fault is determined under Oregon law, and why hiring a dedicated sideswipe collision lawyer can make a significant difference in the outcome of your case.
Sideswipe Accidents in Oregon: The Sobering Facts
While a sideswipe might seem minor, they are a frequent and dangerous type of collision on Oregon’s roads. Sideswipe accidents are one of the common types of car accidents, along with other common types such as rear-end and head-on collisions. In a single year in Portland, sideswipes accounted for over 25% of all commercial truck accidents, illustrating just how common these incidents are in traffic.
Many of these accidents happen on Oregon’s busiest and most dangerous roads. In Portland, a staggering 71% of traffic fatalities occur on the city’s designated “High Crash Network.” An improper lane change or a moment of distraction on one of these corridors can easily lead to a devastating sideswipe collision, which is among the most common types of car accidents on busy highways. Understanding the different types of car accidents can help drivers improve their defensive driving skills.
Types of Sideswipe Accidents in Oregon
Sideswipe accidents in Oregon can take several forms, each presenting unique risks and challenges for drivers. The most common type is the same-direction sideswipe, where two vehicles traveling parallel in the same direction collide—often the result of reckless driving, distracted driving, or a failure to check blind spots. These accidents frequently occur during lane changes or in heavy traffic, and even a brief lapse in attention can lead to serious injuries and significant property damage.
Opposite-direction sideswipes are less common but can be far more dangerous. These collisions happen when vehicles traveling in opposite directions make contact, sometimes due to a driver crossing the center line or losing control in poor weather conditions. The force of these impacts can cause traumatic brain injuries and other serious injuries, especially at higher speeds.
Multi-vehicle sideswipes involve three or more vehicles and often occur on busy highways or in chain-reaction crashes. When one vehicle is struck and pushed into adjacent lanes, it can set off a domino effect, resulting in extensive property damage and mounting medical bills for everyone involved. Understanding these types of sideswipe accidents is essential for developing defensive driving habits that help prevent collisions and keep Oregon’s roads safer for all motorists.
What to Do After a Sideswipe Accident in Oregon
The moments following a sideswipe accident are crucial. Taking the right steps can protect your health and your legal rights. Here’s what to do:
- Move to a Safe Location: If you can, move your vehicle out of the flow of traffic to prevent further collisions. Turn on your hazard lights.
- Seek Medical Attention Immediately: Even if you feel fine, injuries from the jarring motion of a sideswipe may not be immediately apparent. See a doctor as soon as possible to get a full evaluation. Documenting your injuries from the start is critical for any future personal injury claim. Victims of car accidents may suffer a range of serious injuries that can require weeks and thousands of dollars in medical treatment.
- Call the Police and File an Accident Report: Report the crash to the police. An officer will create an official accident report, which is vital evidence for establishing liability. In Oregon, you are required to file a report with the DMV within 72 hours if damage exceeds $2,500 or if there are any injuries.
- Document the Scene: Use your phone to gather evidence by taking photos and videos of the accident scene. Capture the damage to both vehicles, their final positions, skid marks, and any relevant road signs or traffic signals. Be sure to document if your vehicle or a parked car was hit.
- Contact a Sideswipe Accident Lawyer: Before giving a recorded statement to an insurance adjuster, consult with a sideswipe accident lawyer who understands Oregon’s specific traffic laws. At the Law Office of Clay J. McCaslin, we offer a free consultation to evaluate your case.
- Dealing with the Other Driver: Exchange your name, contact information, and insurance details with the other driver. Remain calm and avoid admitting fault. Stick to the facts of what happened.
Determining Fault Under Oregon Law
In Oregon, fault is determined by proving another driver was negligent. For sideswipe accidents, this negligence often involves violating specific traffic laws:
- ORS 811.370 – Failure to Drive Within a Lane: This is the most critical statute for sideswipe cases. It requires drivers to operate their vehicle “as nearly as practicable entirely within a single lane” and to ensure a lane change “can be made with safety.” When changing lanes, drivers must signal and check their blind spots to avoid drifting into other lanes and causing a collision.
- ORS 811.375 – Unlawful or Unsignaled Change of Lane: It is a violation to change lanes without signaling continuously for the last 100 feet. Failing to signal or check for vehicles in other lanes increases the risk of sideswipe accidents.
- ORS 811.135 – Careless Driving: Any driving that “endangers or would be likely to endanger any person or property” can be deemed careless. Drifting out of your lane or unintentionally entering other lanes is a classic example.
An experienced attorney will use the police report, witness statements, and evidence from the scene to prove the other driver violated these statutes, such as by entering other lanes without proper care—a common cause of sideswipe accidents—thereby establishing their fault.
Common Causes of Sideswipe Collisions in Oregon
Distracted Driving: This is a primary cause of collisions and a common cause of sideswipe accidents. The scale of the problem in Oregon is significant. According to the Oregon Department of Transportation (ODOT), from 2017-2021, distracted drivers caused over 26,000 crashes, resulting in 194 fatalities and more than 24,000 injuries. A driver who is texting, talking on the phone, or otherwise not paying attention can easily drift from their lane and cause a sideswipe. Another significant risk factor is driver fatigue, which can impair reaction times and lead to unintentional lane drifting, increasing the likelihood of sideswipe accidents.
Failure to Check Blind Spots: Many sideswipes occur when a driver changes lanes or merges without properly checking their blind spot, moving directly into the path of an adjacent vehicle. Failure to check blind spots is one of the most common causes of sideswipe collisions. Drivers should always check their blind spots before changing lanes to avoid collisions and ensure the safety of all road users.
Reckless or Aggressive Driving: Driving recklessly, such as speeding, weaving through traffic, or making abrupt lane changes without signaling, significantly increases the risk of a sideswipe.
Impaired Driving: A driver under the influence of alcohol or drugs has impaired judgment and coordination, making it difficult to stay within their lane. Impairment is a factor in over 56% of traffic deaths in Portland.
Poor Weather Conditions: Rain, ice, or fog can make Oregon roads slick and reduce visibility. Drivers who fail to adjust their speed can easily lose control.
New drivers are also at higher risk for sideswipe accidents. Due to inexperience, new drivers may misjudge distances, fail to signal properly, or struggle with lane changes and merging, making them more likely to be involved in sideswipe collisions.
Injuries Resulting from Sideswipe Accidents
The injuries sustained in a sideswipe accident can range from minor to life-altering, depending on the speed limits involved, the size of the vehicles, and the circumstances of the collision. Common injuries include broken bones, back injuries, and head injuries, which can be particularly severe if the initial impact causes a vehicle to lose control and crash into other cars or barriers. Additionally, sideswipe accidents can result in whiplash, internal organ damage, spinal cord damage, and traumatic brain injuries, further highlighting the potential severity of these collisions. In some cases, the force of a sideswipe can lead to fatalities, especially when other drivers are involved or the accident occurs at high speeds.
Many sideswipe accidents happen because drivers fail to check their blind spots or misjudge the distance between vehicles, leading to sudden and unexpected collisions. The initial impact can cause a chain reaction, resulting in additional crashes and increasing the risk of serious injuries for everyone involved. Motorists should always be vigilant, maintain safe distances, and be mindful of their surroundings to reduce the risk of these common injuries and protect themselves and others on the road.
How Oregon’s Comparative Fault Law Affects Your Claim
It is crucial to understand that Oregon uses a “modified comparative negligence” system (ORS 31.600). This means:
- You can still recover damages even if you were partially at fault for the accident.
- However, your total compensation will be reduced by your percentage of fault.
- If you are found to be 51% or more at fault, you are completely barred from recovering any compensation.
Insurance companies know this rule well and will try to shift as much blame as possible onto you. Having a lawyer to fight back against unfair blame is essential.
Dealing with the Insurance Company After a Sideswipe Accident
Navigating the insurance process after a sideswipe accident can be overwhelming, especially when you’re dealing with injuries and property damage. Many drivers find that insurance companies may try to minimize compensation or shift fault onto other drivers, making it essential to be prepared. Start by gathering evidence at the scene—take photos, collect witness statements, and obtain a copy of the police report. This documentation will be crucial when filing your insurance claim and proving the extent of your injuries and property damage.
When communicating with the insurance company, be honest and provide clear, accurate information about the accident and the actions of all drivers involved. If you encounter challenges or feel pressured to accept a low settlement, consider seeking a free consultation with a lawyer who understands sideswipe accident claims. Legal guidance can help ensure your rights are protected and that you receive fair compensation for your injuries, lost wages, and property damage. By being proactive and informed, motorists can navigate the insurance process with confidence and focus on their recovery.
The Role of a Sideswipe Collision Lawyer in Oregon
After a sideswipe accident, having a skilled lawyer on your side is critical. At the Law Office of Clay J. McCaslin, we have extensive experience handling car accident cases, including sideswipe car accidents. We are committed to handling every aspect of your case so you can focus on your recovery. We will conduct a thorough investigation, handle all communications with insurance companies on your behalf, and fight for a settlement that covers all of your damages, including the types of compensation available to victims of sideswipe car accidents. It is also important to note that every state has statutes of limitations that set deadlines for filing lawsuits after a car accident. Acting promptly ensures you do not miss the opportunity to seek justice and compensation.
Why Choose Law Office of Clay J. McCaslin?
At the Law Office of Clay J. McCaslin, we understand the challenges you face after a serious accident. Our firm is committed to providing compassionate, experienced, and aggressive representation for victims in Oregon.
- Experience in Oregon Personal Injury Law: We have years of experience handling sideswipe collision cases and a deep understanding of Oregon’s specific traffic and liability laws.
- Free Consultation: We offer a no-obligation, free consultation to discuss your case and help you understand your legal options.
- Personalized Service: We take the time to get to know you and your case, developing an individualized legal strategy tailored to your specific needs.
Get the Legal Help You Deserve
If you or a loved one has been injured in a sideswipe crash caused by a negligent driver, you don’t have to face the aftermath alone. Holding the at-fault driver accountable is crucial for securing the compensation you need to move forward. Contact the Law Office of Clay J. McCaslin today for a free consultation. We are ready to listen to your story, evaluate your case, and fight to get you the justice and compensation you deserve.