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Can I be at fault for an accident if my car was not actually hit in the accident?

Dallas, TX |

I checked my blind-spot, used my blinker, and when I went into the left lane, another car that was in the left lane swerved to avoid an accident. They overcorrected, swerved right across 2 lanes (almost hitting me), and then overcorrected again back over both lanes, and ran into a median totaling their car. I had no contact with their car. No damage. Can I be at fault for their damage to car and personal injury?

Attorney Answers 6


Possibly. If they claim that your driving actions caused the crash, they may be able to bring a claim. I would report the incident to your insurance carrier.

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If you it were determined that your negligence caused the damage, then you would be help liable, regardless of whether there was contact between the cars. Your insurance company will handle it on your behalf, so just tern it over to them.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

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Yes, if the other driver had to swerve to avoid making contact with your car, then they could make a claim for all of their property damage and personal injuries. Depending on the facts, there might be a comparitive responsibility argument to reduce the amount your insurance should have to pay. You should report the incident to your insurance company as soon as possible.

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Possibly. Just turn it over to your insurance company and let them handle it. Good luck.

I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general informational purposes only. If you desire legal advice, please consult a lawyer and form an attorney client relationship.

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Whether your driving was negligent and whether it was the cause of the collision you described would, if it were to proceed all the way through the judicial system, be a question of fact to be decided by a jury based on all of the evidence. It is difficult to forecast what the outcome would be based on the information provided here, but it seems like at a minimum, the other driver would be partially at fault for overreacting.

Good luck.

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Perhaps, but turn it over to your insurance company to resolve.

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