California Sideswipe Collision Demand Letter - Lane Change Accidents

📋 Sideswipe Collision Overview

Sideswipe collisions occur when two vehicles traveling in the same or opposite directions make side-to-side contact. These accidents commonly happen during lane changes, when merging onto highways, or when a driver drifts out of their lane. While sometimes perceived as minor fender-benders, sideswipe crashes can cause serious injuries and often lead to dangerous secondary accidents when drivers lose control.

Common Sideswipe Collision Scenarios

Understanding how your accident occurred helps establish fault and strengthens your demand:

🚗 Unsafe Lane Change

Driver changes lanes without ensuring the adjacent lane is clear, striking a vehicle already in that lane

🚧 Merging Without Looking

Driver enters highway or merges into traffic without properly checking for vehicles in the target lane

🔄 Drifting Out of Lane

Distracted or drowsy driver gradually veers into adjacent lane, making contact with another vehicle

🚫 Blind Spot Accidents

Driver fails to check blind spots before changing lanes, not seeing a vehicle traveling alongside

Common Injuries in Sideswipe Collisions

🧬 Shoulder and Arm Injuries

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The side impact of a sideswipe collision often causes the driver or passenger to brace against the door or steering wheel. This can result in shoulder strains, rotator cuff tears, arm contusions, and wrist injuries. These injuries may require physical therapy, cortisone injections, or surgical repair depending on severity.

🧠 Head Injuries from Window Impact

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When a vehicle is struck from the side, occupants may impact their head against the side window or door frame. This can cause concussions, traumatic brain injuries, lacerations from broken glass, and facial trauma. Symptoms may include headaches, confusion, dizziness, and cognitive difficulties that persist for weeks or months.

🧬 Neck and Back Strain

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The lateral force of a sideswipe can cause the neck and spine to move in unnatural directions, resulting in cervical and lumbar strains, herniated discs, and soft tissue injuries. These injuries may cause chronic pain and require ongoing treatment including chiropractic care, physical therapy, or pain management.

💥 Secondary Crash Injuries

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Sideswipe collisions can cause drivers to lose control of their vehicles, leading to more severe secondary accidents such as rollovers, collisions with guardrails, or multi-vehicle pileups. Injuries from these secondary crashes are often more severe and can include broken bones, internal injuries, spinal cord damage, and traumatic brain injuries.

⚠ Secondary Accidents Can Be Catastrophic

While the initial sideswipe may cause minor damage, losing control of your vehicle can lead to devastating secondary crashes. If you were forced into a guardrail, another vehicle, or off the road, all resulting injuries are compensable and caused by the at-fault driver's negligence. Document all phases of the accident sequence.

⚖ Legal Basis

California law imposes specific duties on drivers making lane changes and requires all drivers to stay within their designated lanes. Violations of these duties create liability for sideswipe collisions.

Key California Vehicle Code Sections

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California Vehicle Code 21658 - Lane Straddling

A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety. This code prohibits straddling lanes and drifting between lanes without ensuring safety.

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California Vehicle Code 22107 - Unsafe Lane Change

No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal. This section requires drivers to ensure a lane change is safe before executing it.

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California Vehicle Code 22108 - Turn Signal Requirement

Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning. Failure to signal a lane change is an independent violation that supports liability.

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Negligence Per Se Doctrine

Under California law, violation of a traffic statute designed to protect others constitutes negligence per se. If the at-fault driver violated CVC 21658, 22107, or 22108, they are presumed negligent. You only need to prove the violation occurred and caused your injuries.

Determining Fault in Sideswipe Collisions

Fault in sideswipe accidents typically depends on these key factors:

Who Was in Their Lane - The driver who was established in their lane and maintaining their position generally has the right of way
Who Was Changing Lanes - The driver actively changing lanes has the duty to ensure the maneuver is safe
Signal Use - Whether the lane-changing driver properly signaled their intent
Point of Impact - Where on each vehicle the damage occurred helps establish positions at impact
Witness Testimony - Independent witness accounts of which vehicle moved into the other's lane

💡 When Both Vehicles Claim the Other Changed Lanes

In disputed sideswipe cases where each driver claims the other changed into their lane, physical evidence becomes critical. Paint transfer patterns, the angle of impact damage, dashcam footage, and independent witness statements can establish which vehicle was moving laterally at the time of contact.

Comparative Fault in California

California follows pure comparative negligence. Even if you were partially at fault (for example, if you were speeding while the other driver changed lanes unsafely), you can still recover damages reduced by your percentage of fault. However, if you were lawfully traveling in your lane when struck, you typically bear no liability.

✅ Evidence Checklist

Sideswipe cases often become "he said, she said" disputes. Strong evidence is essential. Click to check off items as you collect them.

🚗 Accident Documentation

✓ Police report (Traffic Collision Report)
✓ Photos showing point of impact on both vehicles
✓ Paint transfer evidence on vehicles
✓ Dashcam or traffic camera footage
✓ Witness names and contact information
✓ Photos of lane markings at accident scene

💉 Medical Records

✓ Emergency room records
✓ Primary care physician notes
✓ Specialist records (orthopedic, neurologist, etc.)
✓ Physical therapy records
✓ Imaging results (X-rays, MRI, CT scans)

💰 Financial Documentation

✓ All medical bills (itemized)
✓ Proof of lost wages (pay stubs, employer letter)
✓ Vehicle repair estimates and invoices
✓ Rental car receipts
✓ Out-of-pocket expenses (medications, medical equipment)

📝 Critical Sideswipe Evidence

✓ Written witness statements about which vehicle moved
✓ Documentation of signal light functionality (if claimed not working)
✓ Photos showing angle of damage (lateral scraping vs. angled impact)
✓ Evidence of secondary crash (guardrail impact, rollover)

🎥 Dashcam Footage Is Critical

Sideswipe collisions are notoriously difficult to prove without video evidence. If you have a dashcam, preserve the footage immediately. Also check for nearby traffic cameras, business security cameras, or other vehicles that may have captured the collision. Request this footage before it is automatically deleted.

💰 Calculate Your Damages

California allows full recovery for all damages caused by the negligent driver. Sideswipe damages may be significant, especially if the collision led to a secondary accident.

Category	Description
Medical Expenses	All past and future medical treatment for injuries from the sideswipe and any secondary crash
Lost Wages	Income lost due to injury, including sick days and vacation time used
Loss of Earning Capacity	Reduced ability to earn income in the future due to permanent injury
Property Damage	Vehicle repair costs, including side panel, mirror, door damage, or total loss value
Pain and Suffering	Physical pain, discomfort, and inconvenience caused by injuries
Emotional Distress	Anxiety, PTSD, fear of driving, and mental anguish from the accident
Loss of Enjoyment	Inability to enjoy hobbies, activities, and quality of life

How Pain and Suffering is Calculated

California uses two common methods to calculate non-economic damages:

Multiplier Method

Economic damages (medical bills + lost wages) multiplied by 1.5 to 5, depending on injury severity

Per Diem Method

A daily rate for each day you experienced pain, from accident date to maximum recovery

📊 Sample Damages Calculation

Example: Sideswipe with Head Impact and Secondary Guardrail Collision

Emergency room visit (head trauma evaluation) $6,200

Neurologist consultation (3 visits) $1,500

Orthopedic treatment (shoulder injury) $2,400

Physical therapy (16 sessions) $3,200

CT scan and MRI imaging $3,800

Medications and medical supplies $450

Lost wages (4 weeks) $5,600

Vehicle repair (side panel, door, mirror) $4,800

Rental car (3 weeks) $1,050

Subtotal Economic Damages $29,000

Pain and suffering (2.5x multiplier) $72,500

TOTAL DEMAND AMOUNT $101,500

💡 Include Secondary Accident Damages

If the sideswipe caused you to lose control and strike a guardrail, another vehicle, or leave the roadway, all injuries and damages from the secondary accident are the responsibility of the driver who initiated the sideswipe. Calculate and include these damages in your demand.

📝 Sample Language

Copy and customize these paragraphs for your sideswipe collision demand letter.

Opening Paragraph

This letter constitutes a formal demand for compensation arising from the sideswipe collision that occurred on [DATE OF ACCIDENT] at [LOCATION], when your insured, [AT-FAULT DRIVER NAME], negligently changed lanes and sideswiped my vehicle. Under California Vehicle Code Sections 21658 and 22107, your insured failed to ensure their lane change could be made safely, and this failure directly caused the collision and my resulting injuries.

Liability Paragraph

Liability in this matter is clear. Under California Vehicle Code Section 22107, a driver shall not move right or left upon a roadway until such movement can be made with reasonable safety. Your insured violated this statute by changing lanes into my occupied lane without ensuring the maneuver was safe. Additionally, your insured violated Vehicle Code Section 22108 by failing to signal the lane change for the required 100 feet before the maneuver. The Traffic Collision Report (Report No. [REPORT NUMBER]) confirms that your insured struck my vehicle while I was [lawfully traveling in my lane / maintaining my lane position]. The point of impact on both vehicles and [witness testimony / dashcam footage / paint transfer analysis] conclusively establishes that your insured moved into my lane.

Injury Description

As a direct result of this collision, I sustained the following injuries: [shoulder strain/sprain, head contusion from window impact, cervical strain, left arm contusions, etc.]. When your insured's vehicle struck mine, [I was forced into the side door/window, causing head trauma / the impact caused me to lose control and strike a guardrail / I was pushed into oncoming traffic]. These injuries were diagnosed by [DR. NAME] on [DATE] following my evaluation at [MEDICAL FACILITY]. I have undergone extensive treatment including [emergency care, neurological evaluation, physical therapy, orthopedic treatment, etc.] and continue to experience [ongoing symptoms such as shoulder pain, headaches, limited range of motion, etc.].

Damages Summary

My total damages are as follows: Medical Expenses to date: $[AMOUNT]; Lost Wages: $[AMOUNT]; Property Damage: $[AMOUNT]; Out-of-pocket expenses: $[AMOUNT]. Additionally, I am entitled to compensation for the significant pain and suffering I have endured as a result of your insured's negligent lane change. Based on the severity and duration of my injuries, I calculate my non-economic damages at $[AMOUNT].

Demand and Deadline

Based on the foregoing, I hereby demand the total sum of $[TOTAL AMOUNT] to fully and finally settle all claims arising from this incident. This demand remains open for [30 DAYS] from the date of this letter. If I do not receive a satisfactory response by [DEADLINE DATE], I will have no choice but to pursue my legal remedies, including filing a civil lawsuit in the appropriate California court.

🚀 Next Steps

What to do after sending your demand letter.

Insurance Claim Timeline

Days 1-15

Insurance adjuster reviews demand and supporting documentation

Days 15-30

Initial response - acceptance, counter-offer, or request for more information

Days 30-60

Negotiation period - typically 2-3 rounds of offers and counters

Days 60-90

Settlement or decision to file lawsuit before statute of limitations

Negotiation Strategy for Sideswipe Cases

Emphasize Your Evidence
Sideswipe cases often come down to evidence. Lead with your strongest proof: dashcam footage, witness statements, or paint transfer analysis showing the other driver was at fault.
Address Disputed Liability Head-On
If the other driver claims you changed lanes into them, directly refute this with physical evidence. Point of impact, damage patterns, and independent witnesses are crucial.
Include Secondary Accident Damages
If the sideswipe caused you to lose control and suffer a secondary crash, make clear that all resulting injuries trace back to the initial negligent lane change.
Document Everything in Writing
Confirm all phone conversations in writing. Keep a log of all communications with dates, names, and summaries.

If Settlement Fails

📅 Statute of Limitations Warning

California has a 2-year statute of limitations for personal injury claims (CCP 335.1). You must file your lawsuit within 2 years of the accident date or you lose your right to sue forever. Do not let negotiations drag out past this deadline.

Small Claims Court

For claims up to $12,500 ($6,250 for businesses). No lawyer required. Filing fee: $30-$75.

Limited Civil Court

For claims $12,500 - $35,000. Simplified procedures. Attorney recommended.

Unlimited Civil Court

For claims over $35,000. Full discovery and trial. Attorney highly recommended.

Need Legal Help?

Sideswipe collision cases can involve disputed liability. Get a 30-minute strategy call to evaluate your case and evidence.

Book Consultation - $125

California Resources

California DMV: dmv.ca.gov - File SR-1 report if required
CA Dept. of Insurance: insurance.ca.gov - File complaints about insurer conduct
CA Courts Self-Help: selfhelp.courts.ca.gov - Small claims forms and guides
State Bar Lawyer Referral: calbar.ca.gov - Find a personal injury attorney