Can Both Parties Be at Fault in a Side-Impact Accident? Various parties can be at fault in causing a side impact accident, including both parties sharing some fault.

You might think that side impact accidents occur solely due to the fault of one driver or the other. However, situations do exist in which both parties are at fault for side impact accidents. 

In some states, if both drivers are partially at fault in a side impact accident, neither driver can recover compensation for their injuries as a result of the negligence of the other driver in causing the accident. In other states, one or both drivers may be able to pursue compensation from the other through a personal injury claim.

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Overview of Side Impact Crashes

Side impact crashes often occur when one motorist fails to yield to another while entering an intersection, merging onto a road, or making a turn. Another common cause of a side impact accident is when a motorist fails to follow a traffic signal or stop sign and proceeds into an intersection, striking another vehicle proceeding through the intersection in another direction. 

However, in some instances, both drivers may share fault for a side impact crash. For example, one driver may fail to yield to another in an intersection, but the other driver may be driving while intoxicated or speeding through the intersection. These actions also could contribute to the crash.

Risks of Side Impact Accidents

Side impact accidents can cause significant injuries, some of which are fatal. In a side impact crash, the front of one vehicle often strikes directly where a driver or passenger of the other vehicle is seated. Many vehicles, especially older models without side air bags, have little protection for occupants from side impact accidents, where there is often nothing but a door between them and the other vehicle. 

The Insurance Institute for Highway Safety (IIHS) reports that in 2018, side impact crashes accounted for 23% of all vehicle passenger occupant deaths. This figure has improved slightly from 27% of all passenger deaths in side impact crashes in 2009, probably due to the addition of side impact airbags to many newer vehicle models. 

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Get Help If You Suffer Injuries in a Side Impact Accident

Since both parties can be at fault in a side impact accident, you should seek legal advice if you suffer injuries in this type of crash. You may be able to seek compensation for your injuries and other losses if the other driver was at fault for causing the crash. Even if you are partially responsible for the accident, you still may have legal remedies against other negligent parties. 

During a free consultation with a member of our team, you can discuss your case and learn your legal options. An attorney with the Law Offices of Anidjar & Levine can fight for the best possible outcome for you.

Call 1-800-747-3733 to reach the Law Offices of Anidjar & Levine and get more information about your legal rights to compensation following a side impact accident.