What Motorcyclists Should Know About Sideswipe Accident Claims and Lawsuits

Key Points:

• A motorcyclist can recover compensation for injuries sustained in a sideswipe accident caused by a negligent driver.
• Motorcyclists can use evidence, such as police reports and eyewitness testimony, to establish a driver’s fault in a sideswipe accident.
• Insurance companies use various tactics to try to reduce an injured motorcyclist’s compensation, but a motor vehicle accident attorney can help prove your case.

The aftermath of a motorcycle accident can take a huge toll on all aspects of a motorcyclist’s life—physically, emotionally, and financially. If you or someone you love has been injured in a sideswipe motorcycle accident, it’s natural to have questions about the law and what steps to take next.

Table of Contents

Why Do Sideswipe Motorcycle Accidents Happen?

Anytime a motorcyclist gets on a major highway in Atlanta, they have a chance of a car switching lanes right into them. There are numerous reasons why drivers would do this, including not seeing the motorcycle because of a blind spot, or being distracted by texting, talking on the phone, eating, or other activities. Drivers may also fail to signal when changing lanes, drive aggressively by speeding, tailgating, or weaving through traffic, or be impaired by alcohol or drugs, which impairs their judgment and reaction times. Poor weather conditions such as rain, fog, or sun glare, road hazards like debris or potholes, and inexperienced or fatigued drivers further contribute to the risk. Additionally, lane splitting, although legal in some areas, can be dangerous if drivers are unaware of the motorcycle’s presence. Understanding these factors can help identify the causes of such accidents and develop strategies to avoid them.

Why Are Sideswipe Motorcycle Accidents so Dangerous?

Sideswipe motorcycle accidents are extremely dangerous for several reasons. First, motorcyclists lack the protective barriers that car occupants have, making them more vulnerable to serious injuries. A sideswipe can easily destabilize a motorcycle, causing the rider to lose control and crash. The force of the impact can also eject the rider from their bike, leading to severe injuries upon hitting the road or other objects.

Additionally, motorcyclists may face secondary collisions with other vehicles, guardrails, or roadside obstacles after being sideswiped. Motorcycles are smaller and less visible, increasing the likelihood of such accidents, especially at high speeds on highways. Drivers may not immediately realize they’ve sideswiped a motorcycle, delaying their response and worsening the situation.

Even with helmets and protective gear, motorcyclists can’t be fully shielded from the severe impacts of a sideswipe. There’s also the risk of being run over by other vehicles if a motorcyclist falls onto the roadway. The combination of direct impact, secondary collisions, and contact with the road surface leads to complex injury patterns that are hard to treat and recover from. All these factors contribute to the high danger of sideswipe motorcycle accidents.

What Traffic Laws Are Broken When a Car Sideswipes a Motorcycle?

In the state of Georgia, several specific traffic laws may be broken when a driver sideswipes a motorcycle:

1. Failure to Signal (O.C.G.A. § 40-6-123): This law requires drivers to use turn signals when changing lanes or turning. Failing to signal can lead to a sideswipe accident.
2. Improper Lane Change (O.C.G.A. § 40-6-48): This law requires that drivers must ensure a lane change can be made safely. Changing lanes without checking for motorcycles or other vehicles can result in a violation.
3. Distracted Driving (O.C.G.A. § 40-6-241): This law prohibits drivers from engaging in activities that distract them from driving safely, such as texting or using a mobile phone without a hands-free device.
4. Reckless Driving (O.C.G.A. § 40-6-390): This law defines reckless driving as operating a vehicle with a willful disregard for the safety of persons or property. Aggressive maneuvers that lead to a sideswipe can be considered reckless driving.
5. Following Too Closely (O.C.G.A. § 40-6-49): This law requires drivers to maintain a safe distance between their vehicle and the one in front of them. Tailgating a motorcycle can lead to sudden lane changes and potential sideswipe incidents.
6. Driving Under the Influence (O.C.G.A. § 40-6-391): This law prohibits driving under the influence of alcohol or drugs. Impaired judgment and reaction times due to intoxication can cause sideswipe accidents.

How Do You Prove that the Motorcyclist Was Not At-Fault for a Sideswipe Accident?

To prove that the motorcyclist was not at fault for a sideswipe accident, various types of evidence can be used, including:

• Detailed photographs of the accident scene and the injuries sustained by the motorcyclist.
• The police report written by the responding officer, which can provide a summary of the crash and any traffic tickets issued to the other driver.
• Statements from eyewitnesses who saw the accident happen, supporting the motorcyclist’s account.
• GPS and other relevant data from the other driver’s car and cell phone, which could indicate that the driver was speeding or using their cell phone at the time of the accident.
• Dash camera footage from the other driver’s vehicle or any passing vehicles at the time of the crash, showing the other driver’s actions.
• Surveillance camera footage from local businesses or streets near the scene of the accident, capturing the incident.
• Testimony from expert witnesses or accident reconstruction specialists who can analyze the evidence and support the motorcyclist’s lack of fault.

What Excuses Will At-Fault Drivers Give for a Sideswipe Motorcycle Accident?

Some drivers refuse to admit fault for sideswipe accidents and may try to blame the motorcyclist. If this happens, the driver’s insurance company will work hard to reduce the compensation owed to the injured motorcyclist.

Insurance companies commonly use these defenses:

The Motorcyclist Could Have Prevented the Accident

Insurance companies often claim that the motorcyclist could have avoided the accident. They might argue that the motorcyclist should have seen the car coming, moved out of the way faster, or worn more visible clothing. If you face such blame, contact a personal injury attorney. They will gather evidence to show you couldn’t have prevented the accident.

The Blind Spot Defense

Insurance companies may claim the driver didn’t see the motorcyclist because they were in the driver’s blind spot. They use this defense to suggest that the accident wasn’t the driver’s fault. An attorney can prove that the driver should have seen the motorcyclist and still caused the collision.

The Motorcyclist Was Lane-Splitting

Lane-splitting, where motorcyclists drive between lanes, is prohibited in many states, including Georgia. If the motorcyclist was lane-splitting during the accident, the driver might argue that the accident wasn’t their fault. This defense can negatively impact the motorcyclist’s compensation.

To counter this, a motorcycle accident lawyer can use testimony from drivers, passengers, and other witnesses to show the motorcyclist wasn’t lane-splitting and establish the other driver’s liability.

What Injuries Are Possible for a Motorcyclist in a Sideswipe Accident?

Motorcyclists involved in sideswipe accidents can suffer various injuries, including:

Road Rash

Road rash happens when a motorcyclist’s skin scrapes against the pavement, causing painful abrasions that can lead to infections if not treated.

Broken Bones

The impact can cause fractures in arms, legs, ribs, and other bones, often needing surgery and physical therapy.

Head Injuries

Even with a helmet, motorcyclists can suffer concussions, traumatic brain injuries (TBI), and other head injuries, which can affect cognitive function and overall health.

Spinal Cord Injuries

Spinal cord injuries can lead to partial or complete paralysis, causing permanent disabilities and requiring lifelong medical care.

Internal Injuries

The force of the accident can damage organs, cause internal bleeding, or puncture lungs, which are life-threatening and need immediate attention.

Soft Tissue Injuries

Sprains, strains, and tears in muscles, ligaments, and tendons can cause significant pain and limit mobility.

Facial Injuries

Impact on the face can cause cuts, bruises, fractures, and dental injuries, often requiring reconstructive surgery and potentially causing permanent scarring.

Emotional Trauma

The psychological impact can be profound, leading to PTSD, anxiety, depression, and other emotional challenges.

Amputations

In severe cases, the accident can result in the loss of limbs, significantly impacting quality of life and requiring extensive rehabilitation.

Motorcyclists should seek immediate medical attention and consult a personal injury attorney to understand their rights and potential compensation for their injuries.

How Much is a Sideswipe Motorcycle Accident Worth?

It is clearly dependent upon the extent of the injuries but these accidents are not cheap. Even with a basic injury like a road rash these injury accidents are never less than 10k, and can easily go upwards of a few hundred thousand dollars. Once you factor in the medical expenses, the cost of missed work, the long term scarring from the scrapes, the lifestyle changes and cost of rehab you’re easily looking at 100k.

Whats the Main Challenge that a Motorcyclist Will Run Into After a Sideswipe Collision?

Several factors can weaken a case, such as a lack of evidence or the possibility that the motorcyclist was speeding. However, a common weakness in these types of cases is the lack of insurance coverage. We recommend that motorcyclists not only wear protective gear but also ensure they have ample UM/UIM coverage. Given that these accidents can be costly and Georgia’s minimum auto insurance requirements are low, lacking sufficient UM/UIM coverage can leave you at a significant loss if you get sideswiped while on your motorcycle. Even if the at-fault driver has higher insurance coverage, having substantial UIM coverage benefits a motorcycle accident victim, as these accidents can result in costs reaching into the millions.