Accidents happen, even to the best of us. One moment you’re cruising down the road, and the next, you find yourself involved in a sideswipe incident. But who’s really at fault in these situations? 

What Is a Sideswipe Accident?

A sideswipe accident occurs when two vehicles make contact with each other’s sides. This often happens when one vehicle drifts into another lane without noticing the other car, or when both vehicles try to switch lanes at the same time.

Who’s at Fault in a Sideswipe Accident?

In most cases, the driver who leaves their lane is considered at fault. For instance, if you’re driving along and decide to change lanes without properly checking your blind spot, and you sideswipe the car next to you, the fault lies with you. This is because it’s the driver’s responsibility to ensure the lane is clear before making any move.

When Determining who’s at fault gets complicated

When determining fault in accidents where both cars are changing lanes and sideswipe each other, it becomes complex due to the nuances of Australian road rules. Each state’s road authority applies general principles derived from the Australian Road Rules (ARR), along with local regulations. Here’s how fault might be assessed under these laws:

1. Obligation to Keep a Proper Lookout

Both drivers are obligated to maintain awareness of their surroundings when changing lanes. Failing to do so can lead to a breach of Rule 46, which requires drivers to give way when moving into another lane. The failure to observe the other vehicle or signal appropriately can establish partial or full fault.

2. Use of Indicators

Under Rule 48, drivers must signal their intention to change lanes with sufficient notice to alert other road users. If either driver failed to indicate their lane change, this could contribute to determining fault.

3. Who Had the Right of Way?

The right of way is not explicitly defined in lane changes but is implied under Rule 148, which states that drivers must not change lanes unless it is safe to do so. The driver already occupying the space generally has the right of way.

4. Shared Responsibility

In situations where both vehicles simultaneously attempt a lane change, fault may be apportioned. Courts or insurance investigators often assess the actions of both drivers to determine whether each fulfilled their duty of care under the ARR.

5. Specific State and Territory Variations

While the ARR provides a uniform framework, states like New South Wales, Victoria, and Queensland have additional nuances in road safety enforcement. For example:

• New South Wales: The NSW Road Rules 2014 emphasise giving way and ensuring a clear path before executing any maneuver.
• Victoria: VicRoads places particular emphasis on avoiding risky behavior, such as sudden or unsafe lane changes.
• Queensland: The Transport Operations (Road Use Management—Road Rules) Regulation 2009 outlines clear penalties for failing to exercise due care while changing lanes.

6. Use of Dashcam or CCTV Evidence

Evidence such as dashcam footage or CCTV can play a crucial role in resolving disputes, as it provides a factual account of events, highlighting whether either driver breached their obligations under the law.

7. Insurance Implications

Australian insurers typically assign blame based on adherence to road rules. In cases where fault is shared, both drivers may bear a percentage of liability for damages, depending on their level of negligence.