Who’s At-Fault if I Swerve to Avoid a Car Accident but Hit Another Vehicle

Common driving scenarios may force you to make a sudden decision, resulting in a collision with another vehicle. For example, whether a car pulls out in front of you, turns directly in front of you, or swerves into your lane, these actions may cause you to make decisions that will cause damage to another vehicle. However, sorting out who’s at fault when these scenarios happen is often difficult.

If you need to figure out who’s at fault when you’ve been in an accident, you should seek the advice of a car accident attorney to learn more about your circumstances. They will advise on the best course of action when dealing with your personal injury claim.

Who’s at Fault if I Swerve and Collide With Another Car?

If someone else’s negligence causes a collision with another vehicle, there are steps you may take if possible. For example, if a driver decides to make a left turn directly in front of you, they have made a negligent decision. According to Texas Transportation Code section 545.152, 

“To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle approaching from the opposite direction and in the intersection or in such proximity to the intersection as to be an immediate hazard.”

When a driver fails to yield to you when making a left turn, you must react in a split second. The three options you have available are:

1. Do nothing and collide with the negligent driver’s car
2. Swerve into another lane and hope that no other vehicle is there
3. Stop suddenly and hope that you are not hit from behind

With the first choice, you will most definitely collide, but the other two choices are a gamble. If you lose the bet, you will collide with another car.

Steps to Take After Swerving and Hitting Another Vehicle

Once a collision with another vehicle has occurred, the at-fault driver may not stop or even know that a crash has occurred and keep driving. You should notice the car’s make or model and try to get the license plate. However, with all the excitement of the collision, this may be impossible.

In this case, take the steps you would typically do in an accident. Exchange information with the other driver, take photos, and talk to witnesses. A witness or the other driver may corroborate the illegal left turn. Any confirmation that you receive that validates your claim that an illegal left turn had occurred, causing the collision, will be essential because you will have to convince your insurance company what happened. The proven facts about your case will determine how the insurance company will pay your claim.

What Is an Uninsured or Underinsured Claim in Texas?

So you and other witnesses have proven that a car made an illegal left turn that caused the collision with the other vehicle, the at-fault driver did not stop, and no further information is available about the car or driver.

Since the insurance company cannot go after the negligent driver for your compensation, they will file the accident claim under the uninsured/underinsured motorist (UM/UIM) insurance coverage in your own auto insurance policy. The UM/UIM coverage is available to cover your damages in car accidents if the other driver had no liability insurance or did not have enough insurance to cover the extent of your medical or car repair bills. This coverage is also used to compensate you when your accident involves a hit-and-run driver or a driver whose insurance company goes out of business or denies coverage. However, using this coverage to cover your damages may result in a deductible.

Some auto policies sold in Texas include little coverage for an accident involving an uninsured motorist and underinsured motorist. Still, you may want to add coverage if you have an expensive car or to help compensate for extensive injuries. You may add coverage in $5,000 increments. You may also opt out of Uninsured Motorist or Underinsured Motorist coverage, but you must do that in writing.

Gathering Evidence With the Help of a Personal Injury Lawyer After a Car Accident

Collecting evidence at the scene of a car accident is crucial for supporting your insurance claim or any potential legal action. Adequate evidence can help establish fault, document the extent of damage, and ensure victims receive adequate compensation for injuries and losses due to car accidents.

The following is a comprehensive guide on how to gather evidence effectively right after an accident:

• Photographs and Videos
  • Capture All Angles: Take photos and videos of the accident scene from multiple angles. Document the positions of vehicles, traffic signs, and any road markings.
  • Focus on Damages: Photograph all vehicles involved, emphasizing the damage. Include close-ups and wider shots to provide context.
  • Document Injuries: If it’s safe and possible, take pictures of any visible injuries you or passengers have sustained.
  • Environmental Conditions: Capture the weather, lighting conditions, and any obstacles or debris on the road that might have contributed to the accident.
• Witness Information
  • Gather Contact Details: Collect names, phone numbers, and addresses of witnesses. Independent accounts of the accident can be invaluable in corroborating your version of events.
  • Witness Statements: If witnesses are willing, record their account of the accident using your smartphone. Ask them to describe what they saw and heard, ensuring their witness statement is as detailed as possible.
• Police Report
  • Request a Copy: Always call the police to the scene of an accident. Once they’ve completed their report, ask for a copy or the report number. Police reports often include the officer’s assessment of fault, which can be critical evidence.
  • Note Officer Details: Write down the names and badge numbers of the responding officers. This information can be useful if you need to follow up for more details or clarify any part of the report.
• Exchange Information with Other Drivers
  • Basic Details: Exchange names, street addresses, cell phone numbers, vehicle insurance information, driver’s license numbers, and license plate numbers with all drivers involved.
  • Vehicle Information: Note the make, model, color, and year of the other vehicles involved in the accident.
• Document Your Account
  • Take Notes: As soon as possible, write down your detailed account of the accident. Include the time, location, how the accident happened, and any contributing factors like speeding or distractions. Memories can fade, so doing this promptly is important.
• Medical Records
  • Seek Medical Attention: Even if you feel fine, it’s crucial to see a doctor. Some injuries might not be immediately apparent. Getting medical attention ensures a link between the injuries and the accident.
  • Keep Records: Save all medical reports, receipts, and records of treatment related to injuries from the accident. This documentation is vital for proving medical expenses and the impact of injuries on your life.
• Additional Documentation
  • Road Conditions: Note any relevant road conditions that could have contributed to the accident, such as potholes, missing street signs, or faulty traffic lights.

Gathering comprehensive evidence at the scene of a car accident can significantly strengthen your position when filing a car insurance claim or pursuing a legal case. It’s a critical step that should not be overlooked. However, the process can be overwhelming, especially when dealing with the shock and stress post-accident.

Consider enlisting the help of a knowledgeable car accident attorney who guides you through the evidence collection process, handles negotiations with insurance companies, and advocates on your behalf to ensure you recover the compensation you deserve and determine fault.

Potential Compensation and Damages in Car Accident Claims

If you’ve been involved in a car accident, understanding the types of economic and non-economic damages you may be able to recover is crucial. Compensation in car accident claims is designed to cover both economic and non-economic losses, aiming to restore the injured party to the position they were in before the accident.

Medical Expenses

This includes compensation for all medical treatments related to injuries sustained in the accident. It covers past, current, and future medical costs, such as hospital stays, surgeries, medications, physical therapy, and any long-term care needs.

Lost Wages

If the injuries from the accident force you to take time off work, you can claim compensation for lost wages. This also extends to loss of earning capacity if your injuries prevent you from returning to your job or working at the same capacity as before.

Property Damage

Compensation for property damages covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident, such as electronics, clothing, and other items in the car at the time of the collision. 

Pain and Suffering

This non-economic damage compensates for the physical pain and emotional trauma suffered due to the collision. It includes compensation for ongoing discomfort, anxiety, stress, loss of enjoyment of life, and other psychological impacts.

Loss of Consortium

In cases where the accident impacts the relationship between the injured party and their spouse, compensation for loss of consortium may be awarded. This addresses the loss of companionship, affection, and support caused by the injuries.

Potential Punitive Damages

Although less common, these types of damages may be awarded in cases where the at-fault party’s actions were especially reckless or egregious. These are intended to punish the opposing party and deter similar conduct in the future.

Calculating Compensation

The process of calculating compensation involves assessing the extent of your injuries, the impact on your life, and the financial losses incurred.

Economic damages such as medical bills and lost income are calculated based on invoices, statements, and pay stubs. However, non-economic damages such as emotional pain and suffering are more subjective and require a thorough evaluation of how the injuries have affected your quality of life. Navigating the complexities of the car accident claim process and ensuring you receive fair compensation for all your losses often requires the focused knowledge of a skilled car accident lawyer.

Seek the Advice of Texas Car Accident Attorney Dale Rose About Your Case

Consult Dale Rose when you need help figuring out what to do or how to get compensated if you’ve been in a vehicle accident. He knows that an accident is a time of uncertainty and a time of financial and emotional stress.

If you have questions concerning your auto accident case, personal injury lawyer Dale Rose will consult with you and form a legal strategy tailored to your case. In addition, he will help you get compensated for your losses, as he has done for so many other clients. Contact us at (972) 634-ROSE (7673) or complete our contact form for your free consultation today.