Brooklyn Car Accident Attorney Samantha Kucher Discusses Sideswipe Collisions and How New York Law Assigns Fault
BROOKLYN, NY – Sideswipe collisions are a frequent occurrence on Brooklyn’s multi-lane corridors, expressways, and narrow side streets, and they often lead to disputes over which driver crossed the lane line first. Brooklyn car accident attorney Samantha Kucher of Kucher Law Group (https://www.rrklawgroup.com/what-is-a-sideswipe-car-accident/) has released a guide explaining how sideswipe crashes happen, how New York law determines fault, and how injured drivers can protect their claims.
According to Brooklyn car accident attorney Samantha Kucher, a sideswipe occurs when the sides of two vehicles traveling in the same or opposite direction make contact. Same-direction sideswipes typically arise on multi-lane highways or city streets when a driver drifts out of their lane or merges without sufficient clearance. Opposite-direction sideswipes can be more dangerous because the combined speeds of the two vehicles increase the force of impact. “Sideswipes look minor in the moment but often produce serious secondary crashes,” Kucher explains. “Both vehicles can keep moving after the initial contact, which is when the real damage often happens.”
Brooklyn car accident attorney Samantha Kucher emphasizes that the lateral nature of the impact distinguishes sideswipes from other collision types. Instead of front or rear crumple zones absorbing force, the side panels, doors, and windows take the brunt, providing less structural protection to occupants. The most common contributing factors include blind spot failures, distracted driving, lane-changing errors and failure to signal, speeding and aggressive merging, impaired driving, and adverse weather conditions that reduce visibility and road grip.
Attorney Kucher notes that sideswipe injuries can be significant. Whiplash and other neck injuries are common given the lateral motion, and spinal injuries can include herniated discs, compressed vertebrae, and in severe cases damage to the spinal cord itself. Fractures of the collarbone, ribs, arms, and legs are frequent, and shattered side windows can produce deep cuts and lacerations to the face, arms, and hands. “The kind of head trauma we see in sideswipes is often misjudged at the scene because symptoms develop later,” adds Alex Rybakov of the firm.
New York Vehicle and Traffic Law § 1128 requires drivers to stay within a single lane and prohibits moving from that lane until the movement can be made safely. Fault in a sideswipe case typically hinges on which driver deviated from their lane, whether turn signals were used, and whether blind spots were checked. Under New York’s pure comparative negligence rule in CPLR Article 14-A, an injured person can recover damages even when partially at fault, but the award is reduced by the assigned percentage.
The firm regularly confronts insurance adjuster tactics aimed at shifting fault onto the injured driver. Adjusters may argue that the claimant drifted out of their lane, failed to take evasive action, or was distracted. Because comparative negligence directly reduces the recovery, even a small shift in assigned fault can cost an injured client meaningful compensation. Having counsel handle insurer communications helps protect the claim from these tactics.
Under New York’s no-fault system, basic personal injury protection provides up to $50,000 in combined basic economic loss, including necessary medical expenses, 80 percent of lost earnings up to $2,000 per month for up to three years, and up to $25 per day in certain other reasonable and necessary expenses for up to one year. To pursue non-economic damages such as pain and suffering, an injured driver must satisfy the serious injury threshold under Insurance Law § 5102(d), which includes fractures, significant disfigurement, permanent loss of use, and 90/180-day injuries.
Strong evidence is critical in a sideswipe case. Police reports, witness statements, dashcam and security camera footage, event data recorder downloads, accident reconstruction analysis, and photographs of side-to-side contact patterns and paint transfer all help establish which driver crossed the lane line. Maintaining timely PIP applications, filing personal injury suits within the three-year deadline under CPLR § 214(5), and serving a notice of claim within 90 days where a public entity is involved are all essential to preserving a claim.
“Lane discipline cases come down to the details: turn signals, mirror checks, paint transfer, and the angle of impact,” Kucher observes. The firm represents Brooklyn residents and others injured in sideswipe crashes across the borough, including cases that arise on Brooklyn’s expressways, parkways, and busy commercial avenues.
For drivers, passengers, and others injured in a Brooklyn sideswipe collision, prompt evidence preservation and early legal evaluation can help counter insurer tactics and protect the full value of a claim.
About Kucher Law Group:
Kucher Law Group is a Brooklyn-based personal injury firm representing clients injured in sideswipe and other motor vehicle crashes throughout Kings County and the surrounding boroughs. Led by attorney Samantha Kucher alongside attorneys Michael Roitman and Alex Rybakov, the firm handles fault disputes, evidence preservation, no-fault claims, and serious injury litigation. The office is located at 463 Pulaski St #1c, Brooklyn, NY 11221. For consultations, call (929) 563-6780.
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Website: https://www.rrklawgroup.com/
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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
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Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
Country: United States
Website: https://www.rrklawgroup.com/
