A sideswipe car accident may be difficult to recover from, as determining fault and liability (financial responsibility) for these types of crashes can be complicated. If you were injured or your vehicle was damaged in a sideswipe accident in Albuquerque, you may need assistance from an Albuquerque car accident attorney to seek justice and fair financial compensation for your losses.
How Can an Albuquerque Car Accident Attorney Help You?
It is important to protect yourself by hiring a car accident attorney to represent you if you suffered a serious injury or expensive property damage in a sideswipe accident in Albuquerque. Even if you have always kept up with your insurance premiums, an insurance company may not make it easy to obtain fair compensation for your costs and losses. An attorney can go up against an insurance provider on your behalf.
When you hire a lawyer, he or she can investigate your sideswipe accident, return to the scene, interview witnesses, collect evidence, determine fault and hire experts, as necessary. An attorney will know how to negotiate with an insurance carrier to achieve the best possible settlement for your claim. If a settlement cannot be reached, your lawyer can take your case to trial to pursue maximum compensation instead.
What Is a Sideswipe Accident?
A sideswipe accident is a type of motor vehicle collision that takes place when the sides of two vehicles traveling in the same or opposite directions make contact. A sideswipe accident can involve light brushing or scraping of the sides of the vehicles or more severe and damaging contact.
Sideswipes at high speeds can be catastrophic, as the contact between the vehicles could lead to one or both drivers losing control of their cars. Sideswipe accidents often occur when one driver drifts out of his or her lane, tries to merge or pass, fails to maintain proper distance, or makes an unsafe lane change.
What Do I Do After an Albuquerque Sideswipe Accident?
It is important to know what to do after getting into a sideswipe accident in Albuquerque. The actions you take (and don’t take) can affect your car insurance claim. An insurance company will check to see if you took all the correct steps that make you eligible for financial compensation.
Protect your rights by taking the following steps:
- Pull over immediately. If possible, move your disabled vehicle to a safe location out of traffic to avoid further collisions.
- Check for injuries. Check yourself first, then the people in your vehicle and finally the occupants of the other vehicle for injuries.
- Get prompt medical care. Even if you don’t feel injured, you may have injuries with delayed symptoms or your adrenaline could be masking pain.
- Call the police. Contact law enforcement by calling 911 on a cell phone from the scene of the accident. Do not admit fault.
- Exchange information. Write down the other driver’s name, license plate numbers, contact information and car insurance information.
- Take photos. Document the scene by taking photographs, including damage to the sides of both vehicles from the sideswipe collision.
- Document your medical care. Request copies of all medical records connected to the sideswipe accident, including any x-rays, tests and doctor’s notes.
- Contact your insurance company. Call your own car insurance company to report the sideswipe collision. Do not give the insurer a recorded statement.
- Keep all relevant documents. Create a folder with copies of all communications between you and an insurance company, as well as other documents connected to your case.
- Contact a car accident attorney in Albuquerque. Before you accept a settlement offer from an insurance provider, consult with an attorney about the value of your claim.
Taking these steps after a sideswipe accident in Albuquerque can help ensure your safety, collect critical information about your collision and preserve your legal interests as an injured victim. If you cannot take all of these steps, don’t worry. An experienced lawyer can take over your case at any stage.
Common Causes of Sideswipe Accidents
Sideswipe accidents in Albuquerque can occur due to a variety of driver behaviors and other factors. Common examples include:
- Unsafe lane changes
- Failing to signal
- Failing to check blind spots
- Crossing multiple lanes at once
- Speeding or racing
- Failing to yield the right-of-way
- Failing to keep an appropriate following distance
- Aggressive or reckless driving
- Distracted driving
- Drunk driving
- Drowsy driving
- Narrow roads or construction zones
- Dangerous driving in inclement conditions
If you are not sure what caused your sideswipe accident, a car accident attorney can investigate to determine the contributing factors for you.
Who Is Liable for a Sideswipe Accident?
New Mexico is a fault state, meaning the driver or party at fault for causing a sideswipe accident can be held liable for a victim’s losses. These may include medical bills, property repairs, lost wages, and pain and suffering. An investigation may be necessary to determine which driver violated a traffic law at the time of the sideswipe, such as who made an unsafe lane change.
Liability will depend on the specific circumstances of the crash. In general, whichever driver was negligent, or did not meet the required duty of care, will be held liable. Failing to exercise an appropriate or reasonable amount of care behind the wheel, leading to a sideswipe crash, will make the responsible driver’s car insurance company accountable for paying for the victim’s losses.
How Long Do I Have to File a Car Accident Claim in New Mexico?
In New Mexico, a law known as the statute of limitations gives most victims three years from the date of the crash to file a related car accident claim. It is important to take action within this statute of limitations, as failing to do so could result in your claim being time-barred by the courts.
- Section 37-1-8 – Actions against sureties on fiduciary bonds; injuries to person or reputation
- Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.
Certain circumstances could shorten or extend your filing deadline. It is important to contact an attorney as soon as possible after your sideswipe accident in Albuquerque to preserve your right to file.