Who is at fault if someone cuts you off?
Motor Vehicles Accidents - February 1, 2024
Drivers who hit a car in front of them are often the at-fault parties in rear-end accidents. However, who is at fault if someone cuts you off? The identity of the at-fault party typically changes in these scenarios. An experienced Chicago car accident lawyer from Horwitz, Horwitz & Associates can help if you have been in an accident caused by another driver cutting you off. Your attorney will work to protect you from accusations of fault and to hold the other driver accountable for your damages.
I hit the car in front of me after being cut off. Will I be held responsible?
The rules of the road require drivers to keep a safe distance between them and the car in front of them to ensure they have enough time to stop and avoid rear-end accidents. Yet, if someone cuts you off, who is at fault?
When other drivers cut you off, they make it impossible to allow that stopping space, so you should not bear responsibility for the ensuing accident. Still, those drivers and their insurance companies will try to put fault on you to avoid making a payout. An experienced Chicago car accident lawyer can help you fight back instead of letting the insurance company try to take advantage of you.
How can I prove the other driver caused the accident?
The team at Horwitz, Horwitz & Associates has years of experience investigating car accidents, including those related to cut-off incidents. Our investigations often produce evidence showing the cut-off drivers were not following the rules of the road, perhaps by:
- Driving aggressively
- Driving while distracted
- Failing to signal before making a lane change
- Merging improperly
- Driving while under the influence
Your attorney will speak to witnesses, view any available camera footage of the accidents, and pursue other sources of valuable evidence to support your innocence and prove the other driver’s fault. Cutting someone off driving is dangerous, and you should not foot the bill for the damage the reckless or negligent drivers cause.
What if another driver slams on the brakes in front of me?
We have had distraught drivers call us and say their accident occurred when “another car cut me off and slammed on the brakes.” This driving behavior is called “brake-checking,” and it goes against the rules of the road.
A driver may “brake-check” out of road rage. Perhaps they didn’t like an earlier maneuver you made or felt you were tailgating them and were looking to scare you. By brake-checking, they cause you to panic as you have to swerve to avoid hitting them. Believe it or not, some drivers brake-check to cause accidents. The plan is to accuse you of rear-ending them so they can collect the insurance payout. A skilled car accident lawyer will be familiar with their techniques and can help you avoid being scammed.
How do Illinois laws affect my claim?
Illinois follows a modified comparative negligence system for determining compensation for car accident victims. If you hold 50% or less of the blame, you can file against the at-fault party. The amount you collect will be reduced in proportion to the percentage of fault, if any, assigned to you.
Your car accident attorney in Chicago will fight to protect you from unfair accusations of fault from the at-fault party, such as claims of tailgating or distraction.
Who can you call for help after a car accident?
Horwitz, Horwitz & Associates offers free case consultations. After ensuring your safety, call (800) 985-1819 to speak with a skilled Chicago car accident lawyer from our team. Do not discuss the accident with the at-fault party or their representatives, who may use your words against you. We will speak on your behalf, fighting to protect your interests and your rightful compensation.