05th April 2023     Sophia Hogg

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 vehicle accident case.

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 most definitely will collide, but the other two choices are a gamble. If you lose the bet, this results in a collision with another car.

Steps to Take After Swerving and Hitting Another Vehicle

Once the collision with another vehicle has happened, the at-fault driver may not stop or even know that a crash has occurred and keeps driving. In this case, 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 claim under the uninsured/underinsured motorist (UM/UIM) coverage in your own auto insurance policy.

The UM/UIM coverage is available to cover your damages 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 uninsured and underinsured motorists. 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 UM/UIM, but you must do that in writing.

Seek the Advice of Texas Car Accident Lawyer 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 after an accident is a time of uncertainty and a time of financial and emotional stress.
If you have questions concerning your auto accident case, 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.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

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