When Both Parties Are Responsible for a Sideswipe Accident in Illinois

 Posted on September 25, 2025 in Car Accidents

A sideswipe crash happens when two vehicles traveling next to each other make contact. It often occurs during lane changes or when one driver drifts into another lane. In Illinois, it is not always straightforward to determine whose fault it is. Sometimes, both drivers share responsibility. If you were injured in a sideswipe accident, you will need to prove fault to seek compensation. Our experienced Chicago, IL car accident lawyers can guide you through the process and fight for a fair settlement.

Factors Contributing to Sideswipe Accidents in Illinois

Sideswipe accidents are typically the result of driver error. Some of the most common causes include:

• Changing lanes without signaling

• Failing to check blind spots before merging

• Distracted driving, such as texting or eating

• Driving too fast for the road or traffic conditions

• Fatigue, which can cause drifting between lanes

• Large trucks making wide turns or struggling with limited visibility

These situations can quickly lead to two vehicles colliding side-to-side. Chicago is full of busy highways, where traffic moves quickly and lanes are often crowded. In these conditions, sideswipes can easily cause chain-reaction crashes with multiple vehicles involved.

What To Do Immediately After a Sideswipe Accident in Illinois

If you are involved in a sideswipe accident, the steps you take afterward can drastically affect your case. To protect yourself and your rights, there are several steps you should take.

Check for Injuries and Call 911

Even if the crash seems minor, police must create an official report. Under 625 ILCS 5/11-407, Illinois requires drivers to report accidents that result in injury, death, or more than $1,500 in property damage.

Gather Evidence

Take photos of vehicle damage, skid marks, and the location of the crash. This can be useful in proving negligence.

Get Witness Details

Write down the names and contact information of anyone who saw the accident. This includes the other driver and anyone in the vehicle.

Exchange Insurance Information

Share details with the other driver, but avoid arguing about fault. You do not want to risk saying something that could implicate you.

Seek Medical Care

Even if you feel fine, you should have a doctor look at you as soon as possible. Some injuries, like whiplash or concussions, may not appear until hours or days later.

How Does Illinois Law Handle Car Accident Cases Involving Shared Fault?

Illinois uses a modified comparative negligence system. Under 735 ILCS 5/2-1116, you can still recover compensation if you are less than 51 percent at fault for the accident. However, your recovery is reduced by your percentage of fault. For example, if you are awarded $80,000 but found 10 percent at fault, you will receive $72,000.

Insurance companies often try to argue that an injured driver was more at fault than they actually were. This is especially common with sideswipe accidents, where fault is typically not obvious. For example, both drivers may claim the other drifted into the lane. Having police reports, photos, dashcam footage, or eyewitness statements can tip the balance in your favor.

Schedule a Free Consultation With a Chicago, IL Car Accident Attorney

At Winters Salzetta O'Brien & Richardson, LLC, our Chicago, IL car accident lawyers understand how Illinois law works in shared fault cases, and we know how to push back against insurance companies that try to limit payouts. Since 1997, our attorneys have drawn on their diverse backgrounds to provide clients with a well-rounded approach to personal injury law. Every case, no matter the size, will receive our direct attention. We take pride in working together as a team and keeping close communication with each client. If you were hurt in a sideswipe or other car accident, contact us today at 312-236-6324 to schedule a free consultation.