If a Car Cuts Me Off and I Hit it, am I Liable?

We’ve all been there: you’re cruising down I-65, minding your own business, when someone suddenly cuts you off. Even under the best of circumstances, this kind of traffic interaction can be stressful and frustrating. Under the worst of circumstances, however, suddenly being cut-off in traffic can lead to a catastrophic collision with major physical, psychological and financial consequences.

If a driver cuts you off and you end up hitting them, you might be left wondering who’s really to blame and whether you have a right to recover damages. Under Alabama law, determinations of fault in these cases can be complex and generate confusion on all sides. Here’s a brief explanation of how the state assigns fault in rear-end collisions and how an experienced car accident attorney can help victims of these crashes protect and preserve their rights under the law.

How Alabama determines fault

The state of Alabama uses a fault-based insurance system in car accident cases, meaning a driver who directly causes a crash is generally held financially responsible for any resulting damages. In some accidents, these determinations are straightforward and simple. In cut-off accidents, however, things aren’t always as clear.

As the saying goes, “it takes two to tango,” and this is often the position taken by insurance companies in car accidents involving cut-offs and rear-ends. That’s because – in theory – drivers who are maintaining a safe distance between themselves and the cars in front of them should have enough time to brake in the event of a sudden cut-off, thus avoiding a collision. If a driver collides with a vehicle that just cut them off, insurance adjusters are likely to claim that the trailing driver is at least partially to blame for failing to maintain an adequate distance.

Who’s really to blame?

Unfortunately, these preconceived notions of shared responsibility don’t always take into account all of the other factors that could contribute to a rear-end collision. For example, if another driver darts into your lane without checking their surroundings, brakes suddenly, or fails to signal, the trailing driver may have a better leg to stand on when defending themselves.

Due to all of the nuances involved in these crashes, investigators must look closely at everything that occurred before, during, and after a crash in order to make the most informed determination of fault possible. Some of the important factors drivers, law enforcement, and insurers must consider in these cases include:

• Traffic laws: Did the other driver change lanes in accordance with established traffic laws in the moments leading up to the crash? Given that using signals before a lane change or in other required circumstances could avoid roughly 2 million accidents each year. Even seemingly minor traffic violations can make a big difference in determining who is at fault in a cut-off accident.
• Driver behavior: Was the other driver behaving recklessly prior to the crash? Was the other driver under the influence of substances at the time of the accident? If witness testimony or surveillance footage indicates that the driver who cut you off had been engaging in reckless behavior leading up to an accident, it might be easier to argue that they were at fault.
• Speed and following distance: Were you maintaining a reasonable gap and speed prior to being cut off? If you were trailing another vehicle too closely or violating the posted speed limit at the time of the accident, you may be out of luck when it comes to recovering compensation.
• Road and weather conditions: Did rain, fog, heavy traffic or a roadway hazard make it impossible for you to avoid the crash? If swerving to avoid the other driver was not safe or feasible at the time of an accident, you may be able to argue against claims of full or partial fault.

In order to determine whether/how the above factors may have influenced a crash, insurance companies, law enforcement, and personal injury attorneys must conduct thorough investigations that consider all available evidence. Police reports, dashcam video, eyewitness accounts, and photos can all help build a clearer picture of what transpired before, during, and after a crash and help you defend against unsubstantiated claims of fault.

Understanding contributory negligence

In some states, just demonstrating that you were not solely responsible for a crash would be enough to safeguard your right to at least partial compensation. Unfortunately, this is not the case for motorists in the state of Alabama due to our strict contributory negligence statute. Under our pure contributory negligence system, if a driver is shown to have contributed to an accident in any way, they will be barred from recovering any compensation (with limited exceptions).

Even 1% of fault on the part of the plaintiff can bar recovery on a negligence claim in Alabama (this does not apply to wantonness claims or where subsequent negligence/last clear chance is proven). Alabama’s system is one of the strictest in the nation and makes it particularly difficult for drivers involved in cut-off accidents to hold the other driver financially responsible for the fallout of a crash.

How to protect yourself after a cut-off accident

If you are involved in a collision caused by another driver’s sudden lane change, everything you do from that point on matters. Here are a few crucial things you should do after a cut-off accident:

• Get to safety: If it is safe and possible to do so, you should try to move your vehicle out of the lane of travel after a crash.
• Check for injuries: Once you’re in a safe location, you should immediately check yourself and/or your passengers for any signs of injury. If anyone involved in the crash is severely injured, you should attempt to render medical assistance to them to the best of your ability.
• Call law enforcement: Alabama law requires you to immediately notify law enforcement if a crash involves injury or death. Separately, if anyone is injured or killed or there is property damage over $250 to any one person, the driver must file a written SR-13 accident report with the state within 30 days.
• Document the scene: You should immediately attempt to take photos and/or videos of the vehicles, road conditions, property damage, signs of injury, roadway debris or skid marks that might help you offer a clearer picture of the crash.
• Talk to witnesses: Witness testimony can be vital in cases involving complex determinations of fault. If anyone witnessed the accident, you should speak to them about what they saw and collect their contact information in case insurance adjusters or legal professionals wish to consult with them later.
• Get medical care: Even if you feel fine or think your injuries are minor, it’s important to seek prompt medical care to avoid potentially dangerous complications. Many crash injuries like whiplash and concussions take time to develop, so it’s always best to seek early intervention. Medical records can also play a central role in a personal injury case, and documentation of prompt medical assessment can add veracity to your claims of injury.
• Speak to an attorney: Prior to giving any statements to insurance adjusters, accident victims should consult with an experienced personal injury attorney who can advise them of their rights under state law. You don’t want to say something that could be used against you, but an attorney can help you avoid inadvertently admitting fault or offering other information that might compromise your claim.

Following all of these steps can help you ensure your personal safety and leave you in a better position to argue against erroneous claims of contributory negligence. The more evidence you have, the better, so don’t hesitate to take advantage of any and all resources available to you in the days and weeks following a crash.

Next steps

Whether we like it or not, cut-off accidents are rarely straightforward and can lead to long, complicated legal disputes. Thanks to Alabama’s strict contributory negligence rules, insurance companies, and other drivers are often incentivized to assign blame to accident victims and fight against having to pay their fair share.

With all of this in mind, it is important for Alabamians injured in cut-off accidents to seek immediate, reliable legal counsel who can help them cover all of their bases after a crash. At Prince Glover Hayes, we have over four decades of firsthand knowledge and experience in supporting victims of complex accidents and know exactly what it takes to fight back against common insurance defense tactics.

If you were injured due to someone else’s reckless driving, don’t be intimidated into silence. Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We are standing by to take your call, hear your story, and join in your fight for justice.