Side Swipes and Lane Changes
Intersection and rear end collisions are two very common types of auto accidents. But there is one other situation to consider. And this is the mishap that happens during a lane change when a driver side swipes another vehicle.
Often, significant damage vehicles occurs as they collide. The occupants can experience significant side to side jolts. Also, heads will sometimes slam into the passenger windows. Sometimes brains get damaged and spinal cords are twisted. Discs can even burst. When this takes place, medical and legal help are key. They assist in healing and financial security as you recover.
Ehline Law Firm has received numerous awards and the respect of insurance companies and adjusters. Also, the firm has recovered multiple millions of dollars for the clients. Learn below about how we can help you with your vehicle sideswipe claims.
Duties of Drivers.
Any traffic mishaps can result in serious personal injuries. And in a side swipe collision it is no different. Often it happens during an improper lane change. But due to the sudden impact of a sideswipe, side to side neck injuries are very common.
Obviously, avoiding the wreck altogether is the key. And drivers have a duty under traffic laws to ensure it is safe to make a lane change prior to pulling out of their lane. So if the driver side swipes another vehicle, then they have failed this duty to make the lane change safely. And this will bring up the presumption of negligence and liability. The silver lining here is that the plaintiff can argue a Vehicle Code violation. Therefore, liability is presumed as a matter of law.
Low Balling By the Adjuster.
But when a driver causes damage and injuries, their carrier will attempt to minimize it. So typically, the adjuster will claim it was a low impact force. And this argument may get tactically used by the insurance company. And this is true even when there has been significant damages and injuries.
So what this does is lower the amount the insurer will pay the injured party. And almost always it is less than what the person actually deserves. So they will use the claimants medical x-rays as a tactic to refuse a claim.
Basically, they may say the x-rays were negative in showing any harm. Or they could say there were no x-rays taken at all. Either way, they will usually try and blame another event and say the plaintiff is a “liar.” You just can’t win. Or can you?
Evidence Wins the Case.
Evidence or lack thereof, can provide vicious, hostile adjusters with ammunition. This is just what they want to refuse the claim. Or at least it becomes an impetus for them to offer a low-ball settlement. And the adjuster is not going to tell the claimant that normal x-rays don’t mean there can’t be injuries. So for example x-rays don’t always show things like a herniated disc in the spine or a bulging disc.
So the individual could have suffered strain, sprains or other injury that does not show up on an x-ray. And no matter what, they should not consider settling with the insurance company. They need to get checked out and make sure they are not still having problems.
Valuable Medical Tests for Evidence Gathering
One test more effective in diagnosing spinal injuries is a Magnetic Resonance Imaging (MRI) test. And this is one test that can be helpful in battling the insurance company. So it is always smart to have one for a fair recovery from the insurance company.
No matter what, the insurance company is out to settle for the lowest amount possible. And it has no concern about ongoing health issues or treatments. Furthermore, the faster they can settle the claim and have the claimant sign off, the more they can save.
As discussed, x-rays are not able to detect some injuries or other harm done to the spine. But these non-detected injuries are common types of harm that befall individuals. In fact, someone that had their vehicle side swiped is a candidate for severe injuries. So if another driver does an improper lane change, the impact can be significant.
And this can cause the jolting and jarring of the driver and other passengers. And as discussed, sudden jolts or jerking motions lead to injuries that an x-ray may not show. Most damage that harms the spine needs a CT Scan or MRI to be detectable.
In closing, sideswipes are terrible accidents. They require medical evidence to prove a personal injury. Sometimes x-rays are not enough. If hurt in a lane change or sideswipe accident, contact Ehline Law Firm. (213) 596-9642.