Fort Wayne Sideswipe Accident Lawyers

Filing a Claim After Another Driver Drifts into Your Lane

A sideswipe crash happens fast. One driver drifts across the center line or into your lane during a merge, a pass, or a lane change, and the vehicles scrape or slam together before either driver can react. Because the cars are moving in the same direction, the other driver often claims you drifted first, even when the opposite is true.

An adjuster may already be pointing to your lane position as proof you caused the crash. At Shaw Law, our Fort Wayne sideswipe attorneys examine paint transfer patterns, dashcam footage, damage patterns, and other evidence to determine which car left its lane.

If a sideswipe crash left you hurt in Fort Wayne, call (260) 777-7777 or contact us online to discuss your lane-change accident claim.

Why a Sideswipe Claim Often Comes Down to Word Against Word

Unlike a crash at a stoplight or stop sign, a sideswipe collision usually has no rule that got broken. Nobody wants to admit they drifted first. That’s why these claims turn into a dispute over which driver’s tires crossed the line.

A sideswipe collision on a Fort Wayne road usually starts with one of the following:

• Failing to check a blind spot – A driver merges or changes lanes without checking mirrors, drifting into a car they never saw.
• Texting or handling a phone – A driver glances at a text and drifts across the lane line before looking up.
• Merging onto I-69 or US-30 – A driver entering the highway misjudges the gap and sideswipes the car beside them.

Whichever one caused your crash, our attorneys document it while the marks on each vehicle still tell the story.

The Evidence That Shows Who Left Their Lane

Because sideswipe crashes rarely have a witness to the whole sequence, physical evidence usually carries the case. We gather it before it disappears from the road, the vehicles, or a security camera.

Evidence in a sideswipe claim typically includes:

• Paint transfer analysis
• Dashcam footage
• Scene photographs
• Witness statements
• Police reports and accident reconstruction

This evidence does the talking, so it isn’t your word against theirs.

The Trial Record Behind Every Sideswipe Claim We Take

When you call about a sideswipe crash, JJ Shaw or Sky Shaw takes your case and stays on it through resolution. The same team has tried more than 100 cases before Indiana juries and judges, recovered more than $18,000,000 since 2012, and includes Sky Shaw, named to The National Trial Lawyers Top 40 Under 40. 

You can review our case results before you call. Our EZ Case app shows your claim’s value as the investigation moves forward.

What You Can Recover After a Sideswipe Accident

A sideswipe crash can total a car and cause injuries that don’t show up for weeks, from whiplash to a herniated disc.

Compensation in a sideswipe injury claim can include:

• Medical expenses
• Lost income
• Pain and suffering

We build each category into your claim as your losses become clear.

The Two-Year Window to File Your Sideswipe Claim

Indiana Code 34-11-2-4 gives you two years from the date of your crash to file a personal injury lawsuit, and the court won’t hear your case once that window closes, no matter how clear the evidence is.

Indiana’s fault-sharing law under Indiana Code 34-51-2-6 also applies. Your compensation gets reduced by your percentage of fault, and you’re barred from recovering anything once your share reaches half the blame or more.

Fortunately, most sideswipe claims resolve through the other driver’s insurance company before a lawsuit becomes necessary. If a fair settlement isn’t offered, we file suit.

Frequently Asked Questions About Sideswipe Accident Claims

Sideswipe crashes raise fault questions other crashes don’t. These are the ones we hear most from injured drivers.

Who Is Usually at Fault in a Sideswipe Accident?

Fault usually falls on the driver who drifted out of their lane during a pass, a merge, or a lane change. Paint transfer patterns and damage angles often show which car crossed the line first.

What If the Other Driver Says I Caused the Crash?

It’s common for drivers to blame each other in a sideswipe crash since there’s rarely a clear violation to point to. That’s why we gather dashcam footage, scene photos, and witness statements before that evidence disappears.

Can I Still Recover Compensation If I Was Partly at Fault?

Yes, as long as you’re found less than half at fault under Indiana’s comparative fault law. Your compensation drops by your share of the blame unless your fault crosses that threshold.

How Long Do I Have to File a Sideswipe Injury Claim in Indiana?

Indiana’s statute of limitations gives you two years from the date of the crash to file a personal injury lawsuit. Waiting too long can also make it harder to gather the evidence that proves fault.