The road is a dangerous place, and millions of people are hurt in auto accidents every year, often through no fault of their own. The dangers of the road are compounded when people engage in dangerous behaviors like running another car off the road. In a case like this, a lawsuit may be the best way for a person to secure redress for their injuries and damages.
What Were the Damages?
Filing a lawsuit from being run off the road will center on the damages involved. Many of these damages can be handled with an insurance claim. Unless the accident is a hit and run, you’ll need to exchange contact information with the other driver. You will also want to call the police to have an accident report created, even if it’s a minor accident.
In cases with no witnesses and no significant evidence, a police department will most often file a report and do little else. However, if there is serious damage to a person’s car or their body, the police and a lawyer will do a more in-depth investigation. They will go through a significant effort to find witnesses and take samples from each car in order to find out who was responsible.
Who Was Responsible?
Another key part of lawsuits is the culpability of both parties. Not every instance of someone being run off the road is exactly the same. In some situations, a person is run off the road as retaliation for some reckless behavior that they had previously engaged in.
While unsafe driving is illegal in any circumstances, it is much more difficult to build a case if a person who was hit was the instigator in the incident. There are also misunderstandings that can occur on the roadway. One car could merge to the right, not see another car in their blind spot, and inadvertently run them off the road.
A lawsuit, in that case, would be somewhat difficult. If one driver claimed that they did not mean to run the other driver off of the road, witness and tire track evidence can be helpful in determining the truth.
The clearest situation for a lawsuit would involve one car deliberately driving another off of the road as the result of a road rage incident. Distracted driving and drunk driving are also reasons a driver may run another driver off the road without meaning to. However, just because it wasn’t intentional doesn’t mean they aren’t liable.
What You Should Do Next
If you are run off the road, you should immediately make sure that you have not been injured. You should seek safety and, if it’s possible and your local laws permit it, move your vehicle out of the way of traffic. Here are some questions you will need to answers before you file a lawsuit:
- Do you know who ran you off the road?
- Were there any witnesses?
- Can any part of the police report help you piece together what happened?
Your lawyer will want to know the answers to these questions. Attorneys will often start off talking to the insurance companies and will seek a settlement. They may also talk to the responsible party. If a settlement can’t be reached through negotiations, they will move to a lawsuit and eventually take it to court.
Running another individual off of the road is a serious offense that could be considered attempted manslaughter in some cases. People who go through this stressful situation often have to pay thousands of dollars in car repair and medical bills.
When another driver is responsible, your insurance company should not have to cover all of the losses. If possible, you should enlist the help of an attorney and law enforcement to bring the unsafe driver to justice. Follow this link if you need more information about what it takes to file a personal injury case.