What if I Swerved to Avoid a Car Accident But Was at Fault for Another?

Swerving to avoid an accident is often an instinctive reaction. However, if your quick maneuver results in another crash, you might find yourself legally responsible. In New Jersey, liability in car accidents is based on negligence, which means determining who acted carelessly or failed to uphold their duty to drive safely.

Understanding Liability in Swerving Accidents

New Jersey follows a modified comparative negligence rule (N.J.S.A. 2A:15-5.1). This means that if you are found to be more than 50% at fault for the accident, you may be ineligible to recover damages. However, if your level of fault is below 50%, your compensation will be reduced by your percentage of fault.

When assessing liability, insurance companies and courts consider factors such as:

• The reason for swerving (e.g., to avoid another car, pedestrian, or road hazard)
• Whether the driver was speeding or driving recklessly before swerving
• Road conditions and visibility at the time of the accident
• Whether the driver had enough time to react appropriately

Understanding these factors can help determine who is at fault and whether the accident could have been prevented by other means.

Common Scenarios Where Swerving Leads to Accidents

Several situations can cause a driver to swerve and unintentionally cause an accident:

• Avoiding a reckless driver – If another driver suddenly cuts you off or stops abruptly, swerving might seem like the safest option. However, if your swerve leads to a crash with another car, you could be held responsible. Insurance adjusters will examine dashcam footage, witness testimony, and traffic reports to determine whether the reckless driver initiated the dangerous situation.
  
• Dodging an animal or debris – Swerving to avoid hitting a deer or debris on the road may result in losing control and colliding with another vehicle. In rural parts of New Jersey, deer-related crashes are common, particularly during the fall. In some cases, law enforcement may determine that no party is at fault if avoiding the animal was an unavoidable act.
  
• Reacting to a pedestrian or cyclist – A sudden appearance of a pedestrian or cyclist might cause you to change lanes abruptly, possibly leading to a collision. New Jersey’s pedestrian laws under N.J.S.A. 39:4-36 require drivers to yield to pedestrians in crosswalks, but in an emergency, avoiding a pedestrian might shift liability to the driver who swerved.
  
• Inclement weather conditions – Slippery roads can cause swerving to become more dangerous, increasing the likelihood of hitting another car or object. Rain, snow, and ice often reduce tire traction, making it difficult for drivers to control their vehicles when making sudden moves. If a driver was traveling too fast for conditions, they may bear a higher percentage of fault.
  
• Mechanical failure – A tire blowout or brake failure may cause an unavoidable swerve. If mechanical failure was the cause, liability may shift to a manufacturer or maintenance provider under product liability laws.

In these cases, determining liability depends on evidence such as dashcam footage, witness statements, and accident reconstruction reports.

Legal Options If You’re Blamed for a Swerving Accident

If you are accused of causing an accident by swerving, you still have legal options to defend yourself:

• Prove another driver’s negligence – If the accident was triggered by another driver’s reckless behavior, their liability may override yours. Traffic camera footage or witness statements can help establish their role in the incident. If you were forced to take evasive action due to another driver’s reckless or illegal maneuver, this could shift the blame away from you.
  
• Demonstrate an unavoidable emergency – Under New Jersey’s sudden emergency doctrine, drivers who swerve due to an unforeseen emergency may not be fully liable if their actions were reasonable under the circumstances. This doctrine recognizes that drivers do not always have time to react perfectly in high-stress situations.
  
• Challenge fault allocation – New Jersey’s comparative negligence system allows you to reduce your fault percentage by showing that another party contributed to the accident. If you can prove that another vehicle played a role, your liability may be reduced, allowing you to recover damages even if you were partially at fault.
  
• Examine road conditions – If you swerved due to an unsafe road condition, such as an improperly maintained pothole, liability may partially fall on the municipality responsible for maintaining the road. In such cases, lawsuits may be filed against local governments under New Jersey’s Tort Claims Act (N.J.S.A. 59:4-2).

Steps to Take After a Swerving-Related Accident

If you’ve been involved in an accident due to swerving, taking the right steps can help protect your legal rights:

• Stay at the scene – Leaving the accident scene can result in hit-and-run charges under N.J.S.A. 39:4-129. Even if you believe the accident was minor, it is crucial to remain present and report it.
  
• Call 911 – Reporting the accident ensures there is an official police record, which can be useful for insurance claims and legal defense. The police report will document the circumstances of the accident and may include initial fault assessments.
  
• Gather evidence – Take photos of the accident scene, vehicle damage, skid marks, and any contributing hazards (e.g., potholes or debris). This documentation can be critical in proving the cause of the accident.
  
• Obtain witness statements – Bystanders can provide crucial testimony supporting your version of events. If possible, collect their contact information so they can provide statements later.
  
• Seek medical attention – Even if you feel fine, injuries may not be immediately apparent. Whiplash and internal injuries often take hours or days to show symptoms, and seeking treatment helps document your injuries.
  
• Notify your insurance company – Promptly inform your insurance provider of the accident, but avoid admitting fault before an investigation is complete.
  
• Consult an attorney – A personal injury lawyer can evaluate your case and help defend against liability claims. Legal guidance is crucial in understanding your rights and the best course of action.

Get Legal Help Today – Protect Your Rights After an Accident

If you were involved in a swerving-related accident, whether as a victim or someone facing liability, having legal representation is crucial. Rosengard Law Group understands New Jersey’s personal injury laws and can help you build a strong case to protect your rights.

Contact us today at (856) 284-6446 for a free consultation, and let us guide you through the legal process.