If a Car Cuts Me Off and I Hit Them, Am I Liable?
Aggressive driving causes numerous problems on today’s roads. If another driver cuts you off, you likely didn’t have enough time to stop to avoid striking them. Who is responsible, then? Often, the other driver, but there are limitations to this. At Rocky McElhaney Law Firm, we can offer insight into your rights in this situation.
The other driver failed to ensure safety
When a driver switches lanes in front of you, they must ensure they can do so in a safe manner. If they cannot, they should not move. If another driver’s actions cause you to strike them, it remains their fault, and they should be held accountable for the losses you incur in the car accident.
There are limitations to this
There are a few limitations to this. If you are driving at a rate of speed above the posted speed limit and the other driver cuts you off, it could be your fault for striking them. Because you are speeding, the other driver may not have been able to gauge a safe distance. There are other reasons you could be held responsible, too. For example, if you were following the car too closely or you were moving between lanes yourself, you could be held accountable for the resulting accident.
How is fault determined in a Nashville car accident case?
When an accident like this occurs, it often comes down to your word against the other person’s. Ultimately, a police officer reporting to the scene will determine who is at fault based on the evidence available. This does not always mean the police officer is right, though.
If you were blamed and feel you should not have been, contact a Nashville car accident attorney for immediate help. We can use other evidence, including witness statements and accident recreation software to help demonstrate the accident was not your fault. This is not always an easy process and, in some situations, there may not be any evidence to support your claim.
How to prove that another driver cut you off prior to a crash
Proving that the vehicle you rear-ended in a crash cut you off is not always easy. However, it can be done if you provide the right evidence in the case. Evidence that can help you prove the other driver cut you off and should be held responsible includes:
- Photographs of the crash scene
- Photographs of damage to both vehicles
- Witness statements
- Video of the crash (security cameras on traffic poles, from local businesses, or from residences)
- Documentation of the injuries you suffered
The increased availability of vehicle dash cameras can make these types of accidents much easier to prove when filing a claim. If you have a dash camera in your car, be sure to provide the recording to your attorney, as this could wind up being the only piece of evidence you need to prove the other driver was responsible for the crash.
What to do when you are the victim of reckless driving in Tennessee
In an accident caused by someone cutting you off, it is critical to document what occurred as quickly as possible and to ensure the police officer on the scene gets a full explanation. Stay calm and provide the details. This can help you to show you were not at fault.
Our Nashville car accident attorneys will ensure you receive comprehensive support in your case. We look at factors such as the evidence at the scene, any traffic cameras, or other data that can indicate that the other driver was operating in an unsafe manner. Do not wait to reach out for legal help.
At Rocky McElhaney Law Firm, we take pride in fighting for our clients when they are wronged due to the actions of other people. If that happened to you, do not wait to contact one of our offices to discuss your case. Our car accident attorneys provide comprehensive legal support from the start. Set up a free consultation at one of our offices in Nashville, East Nashville, Hendersonville, Clarksville, and Murfreesboro to get the support you need now. Call our office or submit our contact form to schedule a free consultation.