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Lane
Change and Side Swipe
In
addition to rear-end collisions and intersectional collisions,
personal injuries oftentimes result when one vehicle makes
an improper lane change and makes contact with the vehicle
in the adjacent lane. There may be a presumption of negligence
on the part of the lane-changing vehicle. Before a lane change
is attempted, the driver has a duty to make sure it is safe
to do so. Liability may arise when a driver side swipes another
vehicle and fails to accomplish the lane change in a safe
and prudent manner.
The offending driver’s insurance company may attempt
to minimize any injuries suffered by the other vehicle arguing
that the impact forces are low since the vehicles were traveling
in the same direction. This argument is made even when there
is significant property damage to the vehicles involved. Insurance
adjuster’s routinely decline these claims or try to settle
them for unreasonably low amounts.
The offending driver’s insurance company will try to
use the fact that the emergency room x-rays are negative and
therefore justify a low or no settlement. What the insurance
adjuster will not tell you is that an x-ray can be perfectly
“normal” and the victim will have suffered a bulging
or herniated disc in the spine. A quick settlement based on
a strain or sprain should be avoided if the victim is still
experiencing difficulty. A Magnetic Resonance Imaging (MRI)
test may be the best diagnostic tool for evaluating injuries
to the spine.
In reality, the victims of these accidents may experience
a significant jolt or jerking motion that can cause significant
neck and low back injuries. Just because the x-rays done at
the emergency room are normal does not mean a significant
injury has not occurred. X-rays can not identify injuries
such as bulging or herniations to disc and other structures
of the spine. |
