A sideswipe accident in Fallon resulted not only in death and injury but also in a reduction in natural gas supply and the loss of power for more than 1,400 customers. The accident occurred on U.S. 50 when a minivan driver pulled out in front of a tractor-trailer. The driver of the truck swerved to avoid the minivan but wound up striking it anyway as well as sideswiping a sedan.
This caused the truck to lose control, crashing into a power pole and a gas line before going down an embankment where it subsequently exploded. The truck driver was either ejected or forced from the cab due to the explosion and died at the scene. The mini-van driver suffered moderate injuries. The driver of the sedan was uninjured.
A sideswipe accident is a type of accident that occurs when the side of one vehicle scrapes against the side of another vehicle. The vehicles can be traveling in the same direction in adjacent lanes or in opposing directions. A driver can also cause a sideswipe accident involving a parked car. Often regarded as a minor accident, sideswipe collisions can actually result in serious injury or even death.
According to recent statistics provided by the Insurance Information Institute, there were 940 fatal sideswipe accidents in the United States in a year’s time. The National Safety Commission reports that about 27,000 people are injured each year due to sideswipe collisions.
How Do Sideswipe Collisions Occur?
Sideswipe accidents almost always occur due to one driver failing to maintain his or her travel lane. Failure to keep in the proper lane was the precipitating event in 3,826 accidents in the United States in one recent year. The reasons why someone would fail to stay in their own lane include:
- Attempting to change travel lanes at the same time that someone else is also attempting to enter the same lane of travel.
- Alcohol impairment or fatigue, which both decrease a driver’s ability to maintain a single lane of travel, causing him or her to drift between lanes.
- Aggressive driving or road rage, which include dangerous driving behaviors such as speeding and threading traffic. Road rage also produces behaviors such as intentionally ramming or sideswiping another vehicle in an attempt to run it off the road.
- Swerving into another driver’s lane of travel in an attempt to avoid an unrelated accident.
- Failing to check one’s blind spot before changing lanes. The blind spot is an area alongside the back of the vehicle that the driver is unable to see using a rear view or side mirrors. All vehicles have a blind spot, but the blind area is much bigger on large vehicles such as tractor-trailers or full-size pickup trucks.
- Driver distractions such as texting or other cell phone use, adjusting vehicle controls, eating or drinking, or visiting with passengers, which draws a driver’s attention away from the task of driving may cause them to drift in and out of their lane.
- Merging lanes on the roadway such as those experienced when entering the highway may lead to a sideswipe accident if a driver fails to wait for a large enough gap in traffic before attempting to merge.
- An unrelated accident which causes one of the vehicles to lose control and enter another lane of travel.
- Icy road conditions which can cause a vehicle to slide out of its lane and into other vehicles that are traveling or are parked on the side of the road.
- Improper turns when there is more than one turn lane and two vehicles turning at the same time. If one vehicle turns too wide or too tightly, it could cause a sideswipe event with the vehicle alongside it. This is a particular risk with tractor-trailers, which require wide turns to accommodate the size of the truck.
- Failing to move over one lane when driving past a previous accident or emergency vehicles on the side of the roadway.
Who Is Liable for the Sideswipe?
Drivers are required by law to maintain their own lane of travel unless turning or making a lane change. To change lanes, one must first use the appropriate turn signal and ensure that the lane they’re moving into is free of traffic and that changing into the lane will not pose an impediment or hazard to traffic. In sideswipe accidents liability generally falls on the driver who fails to maintain his or her lane. The exception to this rule may be when two vehicles attempt to enter the same lane of travel at the same time or when the sideswipe occurs as a result of an unrelated accident.
To prove liability in a sideswipe or other type of traffic-related crash, you must be able to show that:
- The liable party owed you a duty of care. The duty of care that one driver owes to another is generally the safe and lawful operation of a motor vehicle.
- There was a breach in this duty of care. This would be the negligent behavior that the driver exhibited that led to the crash, such as distracted driving, alcohol impairment, or failure to properly maintain his or her lane.
- This breach caused the accident, which resulted in the injuries and expenses incurred by the victim.
Accident victims in Nevada can obtain compensation for expenses incurred through a legal claim against the at-fault party’s insurance policy either via a settlement or a personal injury lawsuit.
Can Sideswipe Accidents Be Prevented?
Good driving behavior will reduce your chances of a sideswipe accident. Examples of good driving behavior include:
- Always using a turn signal when changing lanes to communicate your intentions to other drivers.
- Always checking your blind spot and your mirrors before changing lanes.
- Avoiding driving when you’re fatigued, distracted, or impaired by alcohol.
- Taking measures to alleviate road rage and not driving aggressively.
That said, yes, if everyone pays close attention to the road, we can prevent all sideswipe accidents.
If someone else failed in their duty to drive safely and injured you in a sideswipe accident, you likely have many legal questions. A car accident lawyer can help you understand the options available to you.
Frequently Asked Questions
1. Who is typically at fault in a sideswipe car accident lawsuit in Nevada?
Usually, the driver who left their lane is the one on the hook. Nevada law requires everyone to stay in their designated lane until it is safe to move. So, if someone drifted into you because they were texting or forgot to check their blind spot, they are liable. However, sideswipes can get complicated if both drivers were trying to merge into the same middle lane at the same time. In those messy “he-said, she-said” scenarios, physical evidence like tire marks and paint transfer becomes critical to proving who actually crossed the line first.
2. Can I still get a settlement if I was partially to blame for the sideswipe?
Yes, but you have to be careful with the math. Nevada follows a “modified comparative negligence” rule. This means you can still recover damages as long as you were not more than 50% at fault. For example, if a jury decides you were 20% responsible because you didn’t honk or swerve in time, but the other driver was 80% responsible for drifting into you, you can still win. You just lose 20% of the final payout. If you are found to be 51% at fault, though, you get zero.
3. What is the deadline for filing a lawsuit after a sideswipe accident?
You are working against a strict clock. In Nevada, the “statute of limitations” gives you exactly two years from the date of the crash to file a personal injury lawsuit. It is easy to think you have plenty of time, especially if your injuries seem minor at first, but insurance negotiations can drag on for months. If that two-year window closes before you file, the court will almost certainly throw your case out, and you will lose your right to compensation permanently.
4. Can my spouse receive compensation if I was seriously injured in a crash?
Yes, they often can. If a sideswipe accident leaves you with severe injuries that change your relationship—like a traumatic brain injury or spinal damage—your spouse can file a “loss of consortium” claim. This recognizes that the accident didn’t just hurt you; it robbed your partner of your companionship, affection, and the help you used to provide around the house. It’s a way for the legal system to acknowledge the impact on your family unit, not just your physical body.
5. What if I didn’t feel pain immediately after the sideswipe?
This is extremely common in sideswipe collisions. Because the impact is from the side, your body often gets jerked sideways or whipped around, causing soft tissue injuries or spinal trauma that adrenaline masks in the moment. While Nevada has a “discovery rule” that might extend the filing deadline if you genuinely couldn’t have known about the injury, relying on that is a legal gamble. It is always smarter to see a doctor immediately to catch those hidden injuries early and document them right away.
6. What types of damages are included in a Nevada car accident settlement?
A fair settlement should cover much more than just fixing the scratches on your car. You are entitled to “economic damages” for your medical bills, physical therapy, and any wages you lost while recovering. But you can also seek “non-economic damages” for the human cost—pain and suffering, anxiety behind the wheel, and the inconvenience of dealing with a wrecked vehicle. If the other driver was doing something egregious, like road raging or driving drunk, you might even be able to pursue punitive damages.
