Home > Research Legal Advice > Car / Auto Accident > Can I be at fault for an accident if my car was not actually hit in the ...
Asked 6 months ago - Dallas, TX
FlagI 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?
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.
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.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
