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Do You Know Your Legal Rights After a Sideswipe Collision in Maryland?

Posted on behalf of Peter T. Nicholl in Car Accidents Published on January 20, 2025 and updated on January 22, 2025.

30-ish male insurance adjuster examining side crash damage of a white car.A sideswipe collision can leave you uncertain about your legal rights and the next steps to take. In Maryland, you need to know the law to ensure you get the compensation you deserve after an accident involving lane changes or side impacts.

In this blog, we dive into how lane-change responsibility is defined in Maryland law, what makes proving fault difficult in sideswipe cases, and whether both drivers can share liability. We also discuss when it is time to consult an attorney after a sideswipe collision to protect your rights.

At The Law Offices of Peter T. Nicholl, our skilled car accident attorneys in Maryland are committed to supporting you throughout the legal process and fighting for the compensation you deserve.

Request your FREE case review today. Call: 410-297-0271

How Does Maryland Law Define Lane-Change Responsibility in Sideswipe Cases?

Under Maryland law, drivers are required to exercise reasonable care when changing lanes on any roadway. Reasonable steps drivers can take to avoid causing harm during a lane-change or merge include:

  • Checking blind spots
  • Properly using turn signals
  • Maintaining a safe following distance

If a sideswipe collision occurs during this maneuver, Maryland courts closely examine the incident to determine if the merging driver fulfilled their duty to ensure they could complete the lane change safely. Maryland Transportation Code § 21-309 states that drivers must stay within their lane unless or until they have verified that changing lanes can be done without creating a hazard.

What Makes Proving Fault Difficult in Sideswipe Collision Claims?

Proving fault in sideswipe collision claims is often challenging due to the complexity of the circumstances surrounding the accident. Several factors make it harder to determine who is responsible for the crash, but some of the most factors that contribute to a sideswipe car accident, include:

Limited Visibility and Blind Spots

One of the biggest challenges in sideswipe cases is that drivers often can not see other vehicles in their blind spots. This situation can occur if drivers forget to check and adjust their mirrors before setting off. It can also be a consequence of drivers not looking over their shoulders to check for traffic in their blind spot before changing lanes.

Conflicting Testimonies from Drivers and Witnesses

Sideswipe accidents often come down to conflicting “he said, she said” stories. Drivers and witnesses may have significantly different versions of events. Some drivers may claim they were cut off while others in the same incident may insist they had the right of way. These discrepancies can complicate determining fault and often require a more in-depth investigation.

Lack of Clear Evidence or Dashcam Footage

Without dashcam footage or clear video evidence, the only physical evidence is the resulting damage to the vehicles, which may not fully explain what happened. When evidence is unclear, it leaves room for doubt and disagreement.

Insurance Company Disputing Liability

Insurance companies may make proving fault more challenging by downplaying their policyholder’s responsibility. Since Maryland follows a contributory negligence rule, victims assessed with even one percentage of fault are barred from any recovery.

This rule is a definite disadvantage following a crash where fault is not clear cut. Having a knowledgeable attorney manage your case can make the difference between being eligible to file a claim or not.

When Should I Call a Lawyer After a Car Crash in Maryland?

We strongly recommend contacting an attorney as soon as possible after a sideswipe car accident. An attorney can help to protect your legal rights and best interests from day one. This is vital to help ensure you recover the compensation you deserve.

After a Serious Injury or Significant Property Damage

If you suffered injuries after a Maryland sideswipe car crash, it is important to consult a lawyer to discuss your situation. You may be eligible for significant compensation for your medical costs and other damages.

If Insurance Companies Are Disputing Liability

Maryland’s pure contributory negligence law makes it easier for insurance companies who try to shift the blame from their policyholder to you. An experience lawyer expects that to happen and knows how to dispute these arguments to ensure you are not unfairly assessed with fault.

When You Are Unsure of Your Legal Rights or Next Steps

If you are uncertain about your rights or the next steps to take after the accident, an attorney can provide clarity and guide you through the legal process.

What Could Cause Delays in a Maryland Car Accident Claim?

Insurance claims can face significant delays when medical records are incomplete, liability is disputed between multiple parties, or insurance adjusters are overwhelmed with a high volume of claims after major weather events. Often, delays occur because insurance companies need additional documentation – like detailed medical evaluations, expert witness statements, or accident reconstruction reports – to properly evaluate the full extent of your injuries and property damage.

How Can a Car Accident Lawyer in Maryland Help Me With File a Claim?

Working with an experienced attorney can help expedite this process by ensuring all necessary documentation is submitted correctly the first time. Your lawyer can maintain consistent pressure on the insurance company to process your claim efficiently, while also protecting your rights if the insurance company is deliberately using delay tactics to avoid paying your full compensation. A qualified attorney knows how to navigate these challenges and can help prevent unnecessary delays in your claim.

Reach Out to An Experienced Maryland Attorney Today

If you were involved in a sideswipe collision and are facing legal challenges, we strongly recommend seeking legal help right away.

At The Law Offices of Peter T. Nicholl, we have been helping injured victims for decades. Our highly qualified legal team understands how difficult it is to prove liability for a sideswipe collision, and we are prepared to help. We have extensive experience managing these cases and a history of securing favorable outcomes for our clients.

There are no upfront costs or fees to pay, and our firm always fight for the maximum possible compensation.

Need Legal Help? Call our trusted law firm today.: 410-297-0271