A Truck Cut Me Off And Caused an Accident But Did Not Hit Me. Do I Have a Case?
A truck cut you off and caused an accident. This unfortunate scenario happens all the time on South Carolina’s roads. But what if the driver did not actually hit your car? Do you still have a case?
You might — depending on the circumstances. Learn if you have grounds to pursue a claim for property damage and personal injury with this blog. Let the experienced truck collision attorneys at Whetstone Perkins & Fulda know if you have any questions.
Negligent Behavior
If the truck driver’s actions caused you to make evasive maneuvers that resulted in injury or damage to your car, you may have a case for negligence and may be able to recover from your own uninsured motorist insurance coverage. When another party abruptly cuts you off, for example, causing you to swerve to avoid a collision, the court could find that they drove their vehicle in a careless or reckless manner. Drivers owe a “duty of care” to others on the road, and breaching that duty could lead to legal liability, mainly if it results in an accident that harms others.
Evidence is Vital
South Carolina’s judges will expect you to provide clear evidence that the other driver acted negligently. Independent proof is crucial in this circumstance. If there is no physical contact at all there must be an independent witness.
By statute in South Carolina, § 38-77-170 SC Code Ann. you must be able to provide an affidavit or testimony of an independent witness verifying the negligent conduct of the trucker or there must be video proof such as from a dashcam or security video from nearby businesses. This evidence, together with physical evidence like skid marks, is vital to support your claim. Remember, the more evidence you gather, the stronger your case becomes.
Police reports can add credibility to your claim. Also, § 38-877-170 requires that the no-contact accident be reported promptly.
Injuries And Property Damage
Being injured or sustaining property damage after a truck cuts you off adds credibility to your claim Even a superficial cut or scrape that can be remedied with basic first aid should be mentioned in your claim since the other driver’s actions caused it. If you were fortunate and did not get hurt in the accident, but your car was damaged, you can still make a claim for the cost of repairs.
Even if you feel fine after a truck cuts you off, it is essential to get checked out by a doctor after any accident. You may not immediately notice signs of more serious injuries, which could require extensive care.
Get in Touch With a Car Accident Attorney Today
Contact the winning legal team at Whetstone Perkins & Fulda. We are here to answer all your questions and help you get the compensation you deserve. Remember, you have rights and we are here to help you fight for them.
