Driving is sometimes unpredictable, and one common scenario is when someone suddenly pulls out in front of you. No matter how vigilant you are about driving safely, you cannot always control what other motorists do. You may have a sudden and unexpected emergency when another driver pulls out in front, giving you practically no opportunity to do anything to avoid the accident. In that event, you may have to deal with serious physical injuries and significant financial costs.
Getting a settlement check seems like a sure thing under these circumstances, and while legal presumptions are likely working in your favor, there is no guarantee of any outcome in a car accident case. You still need to meet your burden of proof to qualify for compensation. At the same time, you may need to deal with allegations that the other driver and their insurance company make about your conduct. Then, you will have to fight for adequate compensation that fully pays for your injuries.
The best thing you can do after one of these types of crashes is call a car accident lawyer as soon as possible. You should never assume that you have the right to compensation or that the insurance company will pay you every dollar you deserve. A car accident attorney will work to prove your case and fight back if the insurance company blames you for the accident. They will then negotiate with the insurance company to help you get top dollar for your injuries. You cannot afford to wait to hire a Redding car accident lawyer because you never quite know what the other driver’s insurance company may try to do to cut its liability at your expense.
Pulling Out in Front of You Can Cause a Serious Accident
When another driver pulls out in front of you, it may result in a serious car accident. From your standpoint, there is the risk of severe injury due to the nature of the crash. In these collisions, the front of your car strikes the other, unleashing tremendous force on your vehicle. The impact is nearly as severe as your car may sustain in a head-on crash.
These accidents often occur at high speed. You are not expecting someone to pull out in front of you, so you have little chance to stop, or even slow down, in time to avoid the crash. Even a sudden braking move or attempt to prevent the accident will put you in harm’s way because another vehicle may strike you from behind, or you lose control of your car.
Additionally, suppose another driver hits you because you suddenly braked to avoid the accident. In that case, you can also suffer whiplash injuries in addition to the physical harm that you have suffered from hitting the car in front of you. Regardless, the other driver is placing you in danger when they pull out in front of you in traffic, and there may be little chance for you to stop in time to avoid a serious crash.
Never Make Any Assumptions About Liability for a Car Accident
When you have suffered an injury in one of these car accidents, your first thought (besides your health) should go to legal responsibility for the crash and whether you may qualify for compensation. You undoubtedly think the accident is automatically the other driver’s fault because of their actions. While that is often the case, it is not always true. Liability is only conclusively determined in the days after the accident once the insurance companies have had a chance to confer.
Usually, the driver who is already in traffic is the one who has the right of way. Presumably, if a car pulls out in front of you, you have the right of way. The other driver is not in position because they have pulled into traffic or changed lanes in front of you.
Factors That May Determine Liability in Your Car Accident
However, whether the driver who pulled out in front of you is liable depends on the facts and circumstances of the situation. Many variables can determine liability, including:
- The conditions in the area at the time of the accident
- The road signage and the traffic rules that were in effect at the time
- The speed that you were traveling when the crash occurred
- Whether the other driver engaged their turn signal in enough time to alert you of their intentions
The problem in your case is a presumption that you are at fault for the accident if your car struck the other vehicle. For example, in a rear-end car accident case, you are seemingly to blame if you were the driver of the rear vehicle because it is inherently unreasonable to strike the car in front of you.
You Need to Battle Any Presumptions Working Against You
If there is a presumption at play in your case that is working against you, there may be an uphill battle that you must face before receiving compensation for your injuries. In these cases, you are the equivalent of guilty until you prove innocence. Still, it is possible to overcome any presumption if you have evidence that the other driver did something negligent. Since the burden of proof is on you, you must come to the table with evidence showing what the other driver did to cause the accident.
Nonetheless, there may also be a presumption working in your favor when you are the driver with the right of way. However, you should not rely on presumption as your case’s final word. Presumptions are just the initial rule that may apply to your case, but it is always possible to have a different result.
The Insurance Company Will Try to Blame You for the Car Accident
Specifically, the other driver’s insurance company may still try to find a way to blame you for the accident so it can reduce the amount it must pay you. Insurance companies may make the following allegations against you, putting your settlement check in jeopardy:
- You were speeding at the time of the accident, and the other driver did not have adequate time to pull out in front of you.
- You were driving while distracted (perhaps because the insurance company alleges that you were looking at your phone), and you should have seen the other driver in time to avoid the accident.
- You ran a stop sign or red light, indicating that you did not have the right of way.
- You did not properly maintain the brakes on your car. Thus, you were unable to stop in time.
- There was a yield sign that gave the other driver the right of way to turn in front of you.
You must fight back if the insurance company makes any wrongful allegations against you. Insurance companies may reduce the settlement check or eliminate it altogether if they can make the accusations stick. You should already have a car accident lawyer representing you, but if you do not, now is the time to call one if the insurance company even signals that they are trying to blame you for the accident.
How a Car Accident Lawyer Can Help You Prove Your Case
You need a car accident attorney to help you compile the most persuasive case that shows why you deserve financial compensation. The other driver may deny that they were pulling out in front of you at the time of the accident. They may claim that they were the ones who were already in traffic and you were the driver who struck them. Then, you are in a position where it is your word against that of the other driver, and you must have evidence to break this standoff to qualify for a settlement check.
Your car accident lawyer will work to compile evidence that backs up your side of the story. They may use the following to prove your case:
- Testimony from witnesses who saw what both you and the other driver did
- The police report from the accident, which relates the officer’s conclusions about the accident (although you cannot use this as proof in court because the officer did not directly witness the crash)
- Pictures of the scene of the accident
- Any video or dashcam footage of the accident that shows what happened
You can use more than one source of evidence to prove your case. What may work in your case depends on the facts and circumstances.
Your Car Accident Lawyer May Work with an Accident Reconstruction
If you still have difficulty proving your case because of a lack of physical evidence, your car accident lawyer likely has other means of proof available to them. Car accident attorneys often work with an accident reconstruction expert who can give their opinion about what the other driver may have done to cause the accident. They can recreate the accident and provide a report that can accompany your claim to the insurance company. An accident reconstruction expert can also testify on your behalf if the case goes to court.
You still have further legal options even if the insurance company denies your claim. A claim denial is far from the end of your legal story. You have the option of taking your case to court since a jury is the entity that has the final say over your legal rights. Your experienced car accident attorney can file a lawsuit and continue building your case during the court process. They can present the case to a jury, which will decide whether the other driver is liable for the accident. Filing a lawsuit does not always guarantee that your case is going to trial because the insurance company may still settle the case before it reaches a hearing.
If you are up against a presumption working against you in a car accident case, you should not reach any conclusions on your own. It is best to always speak with a car accident attorney to see what they think of your case. Depending on your description of the facts, a car accident lawyer may still believe you have a valid compensation claim. They may decide it is worth investigating more to see whether there is a pathway to financial compensation for you.
Always Speak to a Car Accident Lawyer About Your Case
The worst thing is that the car accident lawyer decides they do not want to accept your case. You need to convince them you have a strong claim for compensation because their payment depends on whether you get paid for your injuries. If they do not see a viable path to a settlement check, they will not want to spend the time on your case. Still, speaking with a car accident lawyer costs you nothing because the initial consultation is always free.
If a personal injury lawyer accepts your case, they will work for you on a contingency fee basis, meaning they only get paid if they successfully secure a settlement or win your case in court. This arrangement means that you do not have to worry about upfront costs or monthly legal bills piling up. Instead, the attorney’s fee is contingent on the outcome of your case.
Car accident lawyers take on all the financial risk by working on a contingency fee basis. They invest their time, experience, and resources into building a strong case for you with the hope of obtaining a favorable outcome. If they are successful, they will receive a percentage of the settlement or judgment as their fee. However, they will not get any payment if they cannot secure a positive outcome for you.
While the driver who pulls out in front of you is typically at fault in a car accident, determining liability in these situations can be complex. Thus, it is wise to seek the assistance of an attorney with experience in personal injury cases. They can help you understand your legal options and fight for the compensation you deserve. Contact an attorney today so they can protect your legal rights while you focus on your recovery.