If you swerved to avoid a car accident but caused another, your goal is to prove you swerved for good reason. If you can prove this, the driver who made you swerve should be liable for damages resulting from the accident. If you can’t prove this, you (or your insurer) may be liable for an accident victim’s losses.
Swerving is, in many cases, the right response to a near accident. However, insurers and anyone whose vehicle you struck may hold your decision to swerve against you and may file an insurance claim or lawsuit against you. If so, you could talk with a personal injury lawyer about your legal options.
Proving Your Defensive Driving Is Key After You Swerved and Caused a Collision
When you swerve and strike another vehicle or object, many questions arise. The answers to these questions could determine who pays for accident-related losses, and those questions include:
- Is there video footage of the accident?
- Did the motorist who caused you to swerve remain at the scene (and provide their personal and insurance information)?
- Did the motorist who caused you to swerve admit to their dangerous driving actions in a recorded statement?
If you know who the at-fault motorist is, it could make your circumstances far more favorable. Your priority is to prove you did not swerve without good reason. We could prove this by:
Securing Video Footage of the Accident
Video footage is among the most powerful pieces of evidence you can secure. We will seek video footage from:
- Dash cameras
- Traffic cameras
- Security cameras
- Cell phone cameras
Video footage may show how another motorist veered toward you, causing you to swerve.
Citing Eyewitness Accounts
Eyewitness accounts are another form of powerful evidence. This is especially true if the witness has no reason to give a biased or incomplete account of events. We will review any existing witness testimony (such as that recorded by a police officer) and may re-interview witnesses for additional details.
Reconstructing the Accident (with an Expert’s Help)
We may hire an expert to reconstruct your accident. The expert will rely on all available evidence to reconstruct the collision, perhaps using digital software.
Our attorneys will use all available evidence to create a picture of an accident. This picture may show that a driver (whether they left the scene) led you to swerve and cause a collision.
If You Cannot Prove You Swerved for Good Reason, You Will Likely Be Liable for an Accident Victim’s Damages
You would likely admit that any motorist you struck did not contribute to the accident. If you swerved into their lane and hit their vehicle (even with a good reason for swerving), the person you hit should not have to pay for vehicle damage, medical bills, or other accident-related losses.
The question then becomes:
- Will you have to pay for their losses? or
- Will the motorist who caused you to swerve pay for their losses?
The Texas Department of Insurance (TDI) explains that an at-fault motorist must pay for any injuries and property damage they cause others. Therefore, proving another motorist caused you to swerve could determine whether you must pay for another person’s losses.
Our firm will work hard to prove that you swerved justifiably and that the motorist who caused you to swerve should cover your losses and the losses of any motorist you struck.
What If the Driver Who Caused My Collision Left the Accident Scene?
If law enforcement officials have not located the motorist who caused you to swerve, you may access any uninsured motorist (UM) insurance coverage within your auto policy. We will assess your policy and communicate with insurers, seeking the most favorable outcome.
Expect Insurers to Fight Against Paying for Accident-Related Losses
Policyholders hope their insurance company will act in good faith in the case of a swerve-related car accident. Too often, though, insurance companies blame their policyholders and employ other bad faith tactics to avoid paying for accident-related losses.
Our team will combat any bad faith tactics by insurers, fighting for the entire amount of insurance coverage you are entitled to. Such tactics may include:
- Denying your claim
- Contesting specific losses
- Undervaluing your losses
- Delaying your claim
- Offering a lowball settlement
- Initially refusing to adjust a lowball settlement offer
Keep in mind that by accessing all the insurance coverage you’re entitled to, you may protect yourself from a potential lawsuit from anyone whose vehicle you struck. Our firm will demand that liable insurers compensate you fairly, relieving the financial burden of your accident.
Damages You Could Seek From a Motorist Who Caused Your Collision
If you can identify the motorist who caused you to swerve and cause an accident, you deserve fair compensation from that motorist (or other liable parties). Our firm will consider all your accident-related damages, including:
- Vehicle repairs
- Repair or replacement of other damaged property
- Lost income
- Diminished earning power
- Temporary transportation
- Pain and suffering
- Treatment for pain and suffering
The more serious a person’s injuries are, the more expensive damages generally are. Our team will determine exactly how much compensation you deserve and won’t settle for anything less.
Our Team Will Lead Your Fight for Fair Compensation—Here’s How
Our lawyers, paralegals, and experts will handle every detail of your insurance claim(s) or lawsuit(s), including:
- Securing evidence to establish your position
- Leading all case communications
- Completing and filing paperwork
- Documenting your damages
- Calculating your settlement (or judgment) value
- Leading settlement negotiations
- Taking your case to trial (if necessary)
There is no time frame for completing a car accident case, and your case could be unusually complex. Our firm will take this process off your hands, freeing you to focus on your health and recovery.
Call Loncar Lyon Jenkins Today for a Free Consultation About Seeking Fair Compensation for Your Car Accident
Loncar Lyon Jenkins offers formidable financial resources and a client-friendly fee structure. We don’t ask for any upfront compensation; we only receive a fee if we win your case. Call in the Strong Arm to fight for your financial recovery.
Call us today for your free consultation. We may face a filing deadline, so contact us as soon as possible.
