Sideswipe Accident Lawyer: Lane-Change and Merge Crashes in Delco and Philadelphia

Who is at fault in a sideswipe crash

The driver who moved out of their lane without first making sure it was safe is usually at fault in a sideswipe. Pennsylvania requires drivers on marked roads to stay as nearly as practicable within a single lane and not to leave it until they have confirmed the move can be made safely (75 Pa.C.S. § 3309(1)).

The turn signal rule backs that up. Under 75 Pa.C.S. § 3334, no one may change lanes until the move can be made with reasonable safety, and never without an appropriate signal. Before a turn, the signal must run for at least the last 100 feet at speeds under 35 mph and at least 300 feet above 35 mph. A driver who signals and then moves right away has still not satisfied the safety requirement.

Common sideswipe patterns

• Same-direction lane changes, where a driver moves over into a car sitting in a blind spot.
• Highway merges, where an entering driver runs out of ramp and forces their way into the travel lane.
• Passing, where the passing driver cuts back in before being safely clear of the car they overtook (§ 3303).
• Opposite-direction scrapes on narrow streets, where one driver fails to keep to the right and give the other half of the road (§ 3302).
• Two drivers moving into the same middle lane at once from opposite sides.

When both drivers moved

Sideswipes produce more shared-fault findings than most crash types, because it is common for both drivers to have drifted or changed lanes. Pennsylvania's comparative negligence statute (42 Pa.C.S. § 7102) lets you recover as long as your share of fault is not greater than that of the drivers you sue, with your damages reduced by your percentage.

That makes the details of the claim worth arguing over. Moving an insurer's fault finding from 50/50 to 20/80 changes what you recover, and it is often evidence about lane position and timing, not opinion, that moves it.

Injuries from a glancing blow

The contact in a sideswipe is often light, but the aftermath is not. The struck car can be pushed into a guardrail, a line of parked cars, or across the center line into oncoming traffic, and a car that spins can be hit a second time. Occupants on the struck side can suffer shoulder, arm and hip injuries and cuts from broken glass, and whiplash-type neck injuries are common when the car is jerked sideways.

Motorcyclists and bicyclists are at far greater risk. A car drifting a few feet can knock a rider down. Drivers passing a bicycle must leave at least four feet at a careful and prudent reduced speed (§ 3303(a)(3)), and our bicycle and motorcycle pages cover those claims.

How the damage proves the direction of travel

Sideswipe damage tells a story. Scrape marks and paint transfer show which way each car was moving relative to the other, and where the damage starts and stops shows which vehicle was moving into the other. A reconstructionist can compare the damage on both cars to tell a lane change from a drift.

Other useful evidence includes the location of debris relative to lane lines, dash cam footage, and witnesses who saw a signal or did not. Photograph both cars before repairs, including close-ups of the scrape direction.

Where sideswipes happen around here

In West Philadelphia and older parts of Upper Darby, narrow rowhouse streets with cars parked on both sides leave little room for two-way traffic, and mirror-to-mirror scrapes are common. On Roosevelt Boulevard, drivers moving between the inner and outer lanes cross several lanes at a time. On I-476 and the Schuylkill Expressway, short merge areas push entering drivers into occupied lanes.

Parked-car sideswipes and drivers who keep going

Sideswipes are easy to drive away from. If the driver fled, uninsured motorist coverage can apply to an unidentified vehicle as long as the crash is reported to the police and you notify your insurer within 30 days or as soon as practicable (75 Pa.C.S. § 1702). Call the police from the scene and write down any partial plate or description.

Deadline, fee and next step

The general limit for filing a Pennsylvania injury lawsuit is two years (42 Pa.C.S. § 5524), subject to exceptions. Warren I. Siegel, a Pennsylvania attorney since 1992, reviews sideswipe claims at no cost.

There is no attorney fee unless we recover, and the firm advances every case cost, repaid only from a recovery. No recovery means you owe nothing. Call (267) 412-4601 or send the free case review form.