As a driver, you’re responsible for maintaining control of your vehicle at all times. If someone else enters your lane and you swerve to avoid them, however, a subsequent accident may not be your fault. Liability for these types of accidents (commonly known as no-contact crashes) can be complex and create challenges for those involved.
If you’ve been hurt in a swerving accident in New Mexico, contact the Albuqeuerque car accident attorneys at The Fine Law Firm for a free case review to learn your rights.
What Is a Swerving Accident?
A swerving accident occurs when a motor vehicle driver crashes into another car or a fixed object after swerving to avoid a hazard. If a driver sees another car trying to switch lanes on top of them, for example, the driver may swerve to avoid the collision, only to cause a secondary accident.
Swerving accidents are also known as no-contact crashes. This is because the driver who forced another driver to swerve and crash can be held responsible, even though there was no actual contact between their car and the victim’s. In these cases, the at-fault drivers are referred to as “phantom drivers.”
Common Causes of Swerving Accidents
A driver in New Mexico may cause a swerving accident due to many negligent, careless and reckless behaviors behind the wheel. Examples include:
- Drowsy driving or falling asleep at the wheel
- Distracted driving
- Texting or cell phone use while driving
- Watching videos or movies
- Taking pictures or videos
- Driving under the influence (DUI)
- Making an unsafe lane change
- Failing to check blind spots
- Unsafe passing
- Driving the wrong way
Road hazards or defects can also cause swerving crashes. If another driver is negligent and forces you to take defensive action to prevent an accident, they can be held liable for your losses. However, proving liability can be difficult.
Common Challenges Encountered in Swerving Accident Claims in New Mexico
Under New Mexico car accident law, the driver or party at fault for causing a crash must pay for the damage they cause. Unfortunately, in a swerving accident case, proving fault can be difficult. These cases often come with unique challenges, such as the phantom driver not realizing he or she caused a crash and failing to stop at the scene (turning the case into a hit-and-run).
No Physical Contact
Another issue stems from the lack of contact between the negligent driver’s vehicle and the victim’s. With no actual contact, physical property damage evidence that is normally available in a car accident claim is not present. This can make it more difficult to prove how and why the crash occurred.
Uninsured Motorist Claims
Trouble holding the phantom driver accountable often means swerving car accident cases turn into uninsured motorist (UM) insurance claims. UM and underinsured motorist (UIM) insurance are optional, not required, types of coverage in New Mexico. If you have this insurance, you can use it to pay for your damage after a swerving accident if the no-contact driver avoids liability.
How to Prove a Swerving Accident Claim
If you were driving in New Mexico when another driver broke a traffic law or encroached on your lane, making you swerve and crash, you have legal rights. Even if your cars never touched, the phantom driver can be held liable or financially responsible for your losses. However, you must prove that he or she negligently caused the dangerous situation that led to your reaction.
Taking the correct steps after your swerving accident in New Mexico can help you build a stronger injury claim. You should always call the police to report the accident. Remain at the scene to take pictures of your vehicle damage and the surrounding roadway. Try to get information from any eyewitnesses, as well.
If the phantom driver did not stop at the scene, write down everything you can remember about his or her vehicle, including the color, make and model. If there were any unique identifiers, such as existing damage on the other vehicle or bumper stickers, report this to the police to aid in their investigation.
Comparative Negligence in Swerving Cases
A common problem encountered by drivers who file swerving accident claims is the comparative negligence defense. If you file a claim with the car insurance provider of the driver who made you swerve, they will most likely argue that their policyholder is not accountable since you are the one who swerved rather than braking.
Hiring an experienced car accident attorney can allow you to rebut this argument with proof of the other driver’s fault. If you are still assigned a percentage of shared fault for the accident, this will not bar you from recovering financial compensation. Under New Mexico’s comparative negligence law, a plaintiff’s award will be reduced but not taken away if allocated part of the blame.
Financial Compensation Recoverable for a Swerving Accident in New Mexico
Filing an insurance claim or personal injury lawsuit for a swerving accident in New Mexico could end in compensation to make up for your losses. State law allows for the recovery of economic and non-economic damages, as well as punitive damages in limited circumstances.
Punitive damages are reserved for cases involving gross negligence or serious wrongdoing by a defendant, such as driving under the influence. Economic and non-economic damages, collectively known as compensatory damages, are more common. They are designed to make a plaintiff whole again for losses suffered.
Common types of compensation include past and future hospital bills, medical care and required treatments, lost wages, lost ability to earn in the future, permanent disability, property damage, and pain and suffering. It is in your best interest to discuss the potential value of your swerving accident claim with an attorney before accepting an insurance settlement.
How Can a Swerving Accident Lawyer Help?
Hiring a lawyer to represent you during a swerving accident case can instantly increase your odds of success. A lawyer will know how these unique cases work and will be prepared to overcome potential challenges. Your lawyer can take over communications with an insurance company to protect your rights and seek a fair settlement.
At The Fine Law Firm, we recognize how much you’ve already been through as a swerving accident victim. We won’t charge you anything as our client unless your swerving accident case results in financial compensation. Contact us now to begin your case with a free consultation.