Swerving away from an imminent collision may seem the safest option when faced with dangerous driving situations. However, even when taking safety precautions, you could still be held liable if swerving results in a collision.
A swerving collision can lead to expensive medical bills, lost wages, and property damages. Yet, determining liability isn’t always easy, which can make it more difficult to pursue compensation.
Navigating these types of accidents may require the services of a skilled car accident lawyer. You may still be eligible to seek compensation if you experienced or caused damages due to someone else’s negligence.
Negligence in Car Accidents
Negligence is a critical component of determining blame in a car accident. Proving negligence requires four key elements: duty of care, breach of duty, causation, and damages.
All drivers have a built-in duty of care owed to other drivers on the road, meaning they will follow traffic laws and drive safely. To establish fault, there must be evidence that the responsible driver breached the duty of care. This might include speeding, driving recklessly, ignoring traffic laws, or failing to maintain a safe vehicle.
The negligent behaviors of the at-fault driver must also be what caused you to swerve. Finally, there must be actual damages that can be compensated through legal action to qualify for a claim.
Determining Fault
A negligent driver may be at fault when they cause an accident. Determining fault usually involves the following factors:
- Traffic Laws: Traffic laws determine liability because drivers are expected to follow them. Speeding, driving while distracted, driving under the influence, or changing lanes without signaling violate most laws. An at-fault driver could be the person who breaks these laws.
- Road Conditions: Road conditions can also cause an accident. Slippery or snowy roads could lead to the driver involved and other vehicles colliding. Improperly maintained roads could also be responsible for swerve accidents. The driver may have swerved to avoid hitting potholes or construction equipment.
- Driver Actions: Driver actions can also be blamed for a swerving accident. If drivers fail to check their rearview mirrors or fall asleep at the wheel, they may unintentionally cause other parties involved to swerve and crash.
Factors Affecting Liability When Swerving
A car accident involving a driver who swerved for safety reasons may affect liability. Every car accident case is different, and a few key details that may be considered include the following:
- Emergency Response: The insurance company or jury may consider the emergency and circumstances leading to the swerving accident. For example, a driver who swerves to avoid hitting a crash in front of them may not make them the at-fault driver. However, a driver swerving due to intoxication may still be to blame.
- Driver’s Reaction: The driver’s reaction may also be considered, specifically whether it was a reasonable response.
- Alternative Responses: A jury may also consider what alternative options were available.
Various factors determine liability in a swerving accident. The best way to explore these factors and determine liability is to work with an experienced lawyer.
Common Scenarios and Potential Liability
There are many reasons why a driver may swerve, even if it causes a separate car accident, including the following.
Swerving to Avoid a Collision with Another Vehicle
One of the most common reasons for swerving is to avoid a collision with another vehicle. A driver may swerve into a nearby lane if another driver attempts to turn into their lane. A driver may swerve to avoid a head-on collision if another driver goes the wrong way on a one-way road.
Drivers could also swerve to prevent a rear-end crash if the driver in front of them slams on their brakes. Finally, drivers may swerve out of the path of a collision that has already occurred in front of them.
Swerving car accidents can also lead to phantom driver accidents. A phantom driver car accident occurs when one driver loses control of their vehicle or crashes due to the other driver’s actions.
For example, a driver may change lanes without first checking for existing vehicles. As the other driver begins pushing into your lane, you may swerve to avoid them hitting you, only to lose control of your vehicle and crash into a tree or pole.
A phantom driver doesn’t collide with the original drivers involved but may still be subject to expensive damages due to negligence. In this case, the driver fails to operate their vehicle safely.
Yet, the insurance company may question what caused you to swerve, especially if their vehicle never touched yours. A law firm familiar with phantom driver accidents can help prove the phantom driver’s fault in such a case.
Swerving to Avoid an Animal or Object in the Road
Some drivers may also swerve to avoid collisions, such as with an animal or object on the road.
The sudden emergency doctrine is a defense that may limit driver liability if the driver is presented with a potential emergency. The doctrine requires the emergency to have been unexpected and not caused by the driver. It also requires that the driver respond in a realistic reaction, such as by swerving to avoid a car accident.
Witness statements and copies of police reports are essential when utilizing the sudden emergency doctrine.
Swerving and Losing Control of the Vehicle
The sudden movement of swerving can cause a driver to lose control of their vehicle, which could result in a car accident. The action of swerving does complicate liability in a car accident. Losing control of the vehicle could also lead to a phantom driver collision.
Gathering Evidence to Support Your Claim
Evidence is crucial to supporting a car accident claim involving a swerving driver. If evidence shows the driver swerved for a good reason, the driver may be able to minimize liability.
Key evidence includes witness statements from passengers or other drivers on the road. It may also include police reports from the accident scene. Because a copy of the police report may be essential for your case, it’s crucial always to report a car accident when it occurs. Always request a copy of the police report for your records.
Dashcam footage is useful when it’s available. Additionally, footage from street signals or other driver dash cams could be valuable to your case.
Many states follow comparative negligence laws, which means multiple drivers can be liable when a car accident happens. The right evidence, however, can help minimize your liability.
Accident Reconstruction and Expert Testimony
Sometimes, sufficient evidence isn’t available when a car accident occurs. Proving your claim through accident reconstruction and expert testimony may still be possible. Working with a personal injury lawyer, your situation can be recreated to determine the available options.
Witness statements and scene recreation can be especially beneficial when dealing with a phantom driver accident. If a phantom driver caused the crash, a scene recreation can help the insurance provider or jury members understand the situation better.
Why You Need a Personal Injury Lawyer
A car accident lawyer helps drivers navigate personal injury cases, especially ones that involve complex details, such as swerving. Here are a few great reasons to consider working with a lawyer for your personal injury claim.
Analyzing Liability and Building a Strong Case
Determining liability in a car accident case involving swerving can be difficult. A skilled personal injury attorney can review the specific details of your case and choose the best defense.
No two car accidents are the same, which requires a thorough investigation of the details. Gathering as much evidence as possible when filing an insurance claim is always a good idea. Your law firm can help track down critical evidence, including a local witness statement, police report, photographs, videos, or the license plate number of liable drivers.
An accident attorney can also be helpful when navigating non-traditional claims, such as those involving an uninsured motorist. Any car accident, including one involving a phantom driver or swerving, can result in expensive medical bills and property damage.
Accessing uninsured motorist coverage through your auto insurance policy can be difficult, especially if the provider attempts to blame you for swerving. Our law firm has the experience to access and successfully file your uninsured motorist coverage claim.
Negotiating with the Insurance Company
The insurance company may attempt to minimize your settlement offer if they believe you are partially to blame. Since swerving could indicate liability in some car accidents, it’s not uncommon for the insurance company to redirect blame.
If you swerved to avoid a car accident and unintentionally caused further damage, you may still have a right to compensation. A car accident attorney from Rosenfeld Injury Lawyers can help you negotiate a fair settlement offer from insurance providers, including those who have swerved to avoid a car accident. We also offer a free consultation.
Depending on the details of your insurance coverage, you may be subject to compensation for damages, medical bills, and lost wages. Drivers who swerved to avoid a car accident may want to seek fair compensation, mainly when serious injuries occur. Working with a lawyer when seeking fair compensation can lead to a more favorable outcome.
Representing You in Court
In car accident cases where the provider denies your insurance claim or doesn’t offer a fair settlement, it may be necessary to go to court. In this case, a personal injury attorney can build your case and represent you in court.
A personal injury lawsuit may help show proof of a no-contact car accident (phantom driver accidents).
It’s also important to note that depending on your insurance coverage, the full extent of your injuries may not be covered. Seeking immediate medical attention and taking time off from work can get expensive. A lawyer can also help represent you in court as you seek compensation from the at-fault phantom driver.
Secure Expert Legal Representation!
If you unintentionally swerved to prevent a collision but caused or experienced damages as a result, you need the expertise of a lawyer.
Financial recovery from a personal injury won’t remove the fact that the accident happened, but it can help you cover the resulting damages. Claim compensation for medical treatment costs, low wages, and property damages. Receive the medical attention you need without worrying about cost.
Contact Rosenfeld Injury Lawyers today at (888) 424-5757 for a free consultation. You can also use our online form to submit your contact details and have our Chicago car accident lawyers contact you.