Car Accidents
How Fault Is Determined and What You Can Recover
Side swipe accidents are one of the most common types of personal injury cases I handle across Long Island. They happen fast, often without much warning, and they can leave people dealing with real injuries and a lot of confusion about what actually happened.
I see these cases everywhere. On high-speed roads like the Long Island Expressway and the Northern and Southern State Parkways. On busy commercial corridors like Old Country Road and Jericho Turnpike. Even on smaller local roads where traffic is tight and drivers are constantly merging or shifting lanes. Any place where lane changes are happening, there is a real risk of a side swipe collision.
At first glance, these cases can seem straightforward. One vehicle drifts or cuts into another lane and contact is made. But once you start digging in, they often become more complicated than people expect.
In many cases, fault comes down to one simple rule. The driver who is changing lanes has the responsibility to do so safely.
Under New York Vehicle and Traffic Law § 1128, a driver must remain within their lane and cannot move from that lane until they have first determined that the movement can be made with safety. That sounds simple, but it carries a lot of weight in these cases.
If a driver moves into another lane and makes contact with a vehicle already established in that lane, that is strong evidence of negligence.
But it is not always that clean.
New York Vehicle & Traffic Law §1128
Under VTL §1128, a driver cannot move from their lane until they have first determined that the movement can be made safely. If contact is made with a vehicle already established in its lane, that is strong evidence of negligence — regardless of what the other driver claims.
Side swipe accidents often turn into what I call credibility battles. Each driver claims the other one drifted. Each insists they were in their lane. Suddenly you are dealing with two completely different versions of the same event.
That is where the real work begins.
The Police Accident Report can be helpful, especially when it includes a diagram or notes about vehicle positioning. Those small details matter. Where each vehicle was located, how the impact occurred, and what each driver said at the scene can all shape the case.
Points of impact are critical. Damage along the side of a vehicle versus damage at the corner can tell a very different story about how the accident happened.
Witness statements can make or break a case. An independent witness who saw one vehicle drift into another lane carries a lot of weight.
And more and more, we are seeing video evidence. Dash cams and even nearby business surveillance footage can provide a clear picture of what happened. When that exists, it can cut through the noise immediately.
Photos taken at the scene also help. The final resting position of the vehicles, the angle of impact, and the damage patterns all contribute to reconstructing the event.
Not every side swipe case is all or nothing. There are situations where fault is shared.
For example, a driver may be in their lane but traveling at an excessive speed. Or they may be distracted and fail to react to a vehicle that is merging improperly. In those situations, a jury can assign a percentage of fault to each driver.
New York follows comparative negligence, which means a person can still recover damages even if they are partially at fault. The recovery is reduced by their percentage of fault.
Insurance companies look for these arguments early. They will raise issues like speeding, distraction, or failure to avoid the collision. These defenses are common, and they are part of nearly every side swipe case I see.
Pro Tip
Insurance companies move quickly after a sideswipe accident. Their adjusters are trained to ask questions that establish comparative fault — speeding, distraction, failure to avoid. A recorded statement made before you understand the full picture of your case can be used to reduce or deny your claim.
A lot of people assume that side swipe accidents are minor. That is not always the case.
Even at moderate speeds, the sudden lateral movement can cause significant strain on the body. I regularly see neck and back injuries, including herniated discs. Shoulder injuries are also common, especially when a driver braces for impact.
In more serious cases, particularly on highways, the initial side swipe can cause a driver to lose control. That can lead to secondary impacts, spinouts, or collisions with barriers or other vehicles. Those cases can involve much more serious injuries.
The reality is that the mechanism of injury is not just the initial contact. It is what happens in the moments after.
In New York, every car accident case starts with no fault insurance.
No fault coverage pays for medical treatment and a portion of lost wages, regardless of who caused the accident. That is the system set out under New York Insurance Law § 5103.
For someone injured in a side swipe accident, this is usually the first source of coverage. It allows them to get treatment without waiting for the liability issues to be resolved.
But no fault has limits. It does not compensate for pain and suffering. And it only applies up to certain monetary thresholds.
To step outside the no fault system and bring a claim against the at fault driver, you have to meet what is known as the serious injury threshold.
New York law requires that a person prove a qualifying injury before they can recover for pain and suffering. This is defined under New York Insurance Law § 5102(d).
That includes categories like significant limitation of use, permanent consequential limitation, or injuries that prevent someone from performing their usual activities for a defined period of time.
This is where medical documentation becomes critical. It is not enough to be hurt. The injury has to meet the legal standard, and it has to be supported by objective medical evidence.
When I evaluate a side swipe accident case, I am always looking at three core elements.
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01
Who Caused the Accident
Liability Who caused the accident and can it be proven. A clear lane change violation under VTL §1128 is strong evidence of negligence — but conflicting accounts and limited evidence can complicate even straightforward cases.
VTL §1128
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02
How Serious Are the Injuries
Damages What injuries were sustained and whether they meet New York’s serious injury threshold under Insurance Law §5102(d). Objective medical evidence — imaging, treatment records, prognosis — is essential to establishing value.
NY Ins. Law §5102(d)
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03
What Coverage Is Available
Insurance Even with strong liability and serious injuries, available insurance coverage shapes the outcome. Identifying every applicable policy — including underinsured motorist coverage — is part of the investigation from day one.
UM / SUM Coverage
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All three matter. You can have a clear liability case, but if the injuries do not meet the threshold, the case has limited value. You can have significant injuries, but if liability is weak, the case becomes difficult. And even with strong liability and damages, the available insurance coverage will usually impact the outcome.
My job is to investigate all three from the beginning.
| 1 | Obtain & Review the Police Report
The report is the foundation. Diagrams, vehicle positioning, driver statements, and officer observations all shape how liability is framed from the start. |
| 2 | Analyze Vehicle Damage & Photos
Points of impact tell a story. Damage along the side versus the corner of a vehicle can establish which car was in its lane and which one drifted. |
| 3 | Track Down Witnesses & Video
Independent witnesses and dashcam or surveillance footage can cut through conflicting accounts immediately. We move quickly before footage is overwritten. |
| 4 | Document the Full Scope of Injuries
We work with medical providers to gather diagnostic testing, treatment records, and long-term prognosis — building the evidence needed to meet the serious injury threshold. |
| 5 | Prepare & Submit the Demand Package
Once treatment stabilizes, we assemble a complete demand laying out liability, injuries, and the full value of the case — and present it to the insurance carrier. |
| 6 | Litigate if Necessary
If the insurer does not respond reasonably, we file suit. Discovery, depositions, and motion practice follow — and we are prepared to take the case to trial. |
These cases do not resolve overnight.
The initial investigation happens early, but the medical side of the case takes time. You cannot evaluate a case properly until you understand the full extent of the injuries.
After treatment stabilizes, the demand phase can take several months, depending on how the insurance company responds.
If litigation becomes necessary, the timeline extends further. There is discovery, depositions, and potentially motion practice. Some cases resolve during litigation, while others proceed to trial.
From start to finish, a side swipe case can take anywhere from several months to a few years, depending on the complexity.
Side swipe accidents may look simple, but they rarely are. They involve split second decisions, conflicting accounts, and often a lack of clear evidence at the outset.
What matters is how the case is built.
You need to understand the rules of the road, how to prove what happened, and how to present the injuries in a way that meets New York’s legal standards. You also need to be realistic about the role of insurance and how it impacts the outcome.
These are cases I handle every day across Long Island. And the approach is always the same. Get the facts. Build the evidence. Understand the injuries. And be prepared to push the case forward, whether that means negotiating a fair resolution or taking it into litigation when necessary.
Under New York Vehicle and Traffic Law § 1128, the driver who is changing lanes bears the responsibility to do so safely. If that driver makes contact with a vehicle already established in the adjacent lane, it is strong evidence of negligence. Fault can be shared, however, when both drivers contributed to the collision in some way.
Call the police and stay at the scene. Photograph the damage, vehicle positions, and any road markings. Get contact information from witnesses before they leave. Seek medical attention even if you feel only minor pain at the scene.
Yes. New York follows a pure comparative negligence rule, which means you can recover damages even if you were partly responsible for the accident. Your compensation is reduced by your percentage of fault. If a jury finds you 30 percent at fault, you recover 70 percent of your total damages. Partial fault does not eliminate your right to recover.
Side swipe accidents regularly cause neck and back injuries, including herniated discs, as well as shoulder injuries from bracing for impact. At highway speeds, the initial contact can trigger a spinout or secondary collision, leading to much more serious trauma. The severity of injury often depends on speed, vehicle size, and what happens in the moments after first contact.
Under New York Insurance Law § 5103, no-fault coverage pays for medical expenses and a portion of lost wages regardless of who caused the accident. It allows injured people to begin treatment immediately without waiting for the liability dispute to resolve. No-fault does not cover pain and suffering, and a qualifying serious injury is required before you can bring a claim against the at-fault driver.
New York Insurance Law § 5102(d) defines the serious injury threshold, which includes significant limitation of use, permanent consequential limitation, or an injury preventing normal activity for 90 of the 180 days following the accident. Whether your injuries qualify depends on the medical evidence in your file. Objective diagnostic findings, such as MRI results, are generally required to support the claim.
New York's statute of limitations for personal injury cases is generally three years from the date of the accident. If a government vehicle was involved, a notice of claim must be filed within 90 days. Missing these deadlines can permanently bar your claim, which is why it is important to speak with an attorney as soon as possible after the accident.
The most valuable evidence includes dash cam footage, nearby surveillance video, the police accident report, witness statements, and photographs of vehicle damage and final resting positions. The location and pattern of the damage, specifically whether the impact ran along the side or concentrated at the corner of the vehicle, can be critical in establishing which driver changed lanes and caused the collision.
Resolution timelines vary widely depending on the severity of the injuries and whether the insurance company negotiates in good faith. Straightforward cases with clear liability and defined injuries may resolve within several months of reaching maximum medical improvement. Cases requiring litigation can take two to three years or more. Rushing to settle before the full picture of your injuries is clear is rarely in your best interest.
These he-said-she-said situations are common in side swipe cases, and they require a careful analysis of the physical evidence. The damage pattern, the police report, the point of impact on each vehicle, and any available video from nearby businesses can all help establish what actually happened. Physical evidence often tells a clearer story than the other driver's account.
If you have injuries, you likely need a lawyer. Insurance companies begin building their defense from the moment you report the accident, and an unrepresented claimant is at a serious disadvantage. An attorney can preserve evidence, manage your no-fault claim, properly document your injuries, and make sure you are not pressured into accepting a settlement that falls short of what your case is actually worth.
