Trying to avoid accidents is usually instinctive. If at all possible, you want to keep from crashing, both to keep yourself (and passengers in your vehicle) safe and also to protect the people in the other vehicle -- even if the accident is their fault.
Unfortunately, the aftermath of the accident may get more complicated if you swerve! This isn't to say you shouldn't try to avoid the crash, but you need to be prepared for the legal situation after the wreck.
Run Off the Road
Imagine that you're driving down a two-lane, one-way street. A car pulls up next to you and then swerves toward you, perhaps because the driver is distracted. You serve to avoid being sideswiped, which means you ram into a pair of cars parked on the side of the road. Meanwhile, the driver who just caused it isn't injured and continues driving like nothing happened.
This -- or some variation of it -- is fairly common. You now have a number of problems. For one thing, you may not have anyone on which to blame the accident. This can be problematic if the police actually think you caused it, and it can make it impossible to seek compensation. You may find yourself thinking the whole thing would have been easier if you had just let the other car hit you, and then you had both pulled over to the side of the road.
This is what makes things like dash cams so valuable. Video footage of the accident can both back up your story and help the police identify the other car. Other things that help include footage from traffic cameras or security cameras, the testimony of other people in your car, or witness testimony from uninvolved people who watched the accident take place. In a complex situation like this, it can be critical to focus on gathering as much proof and evidence as you can.
Because your case is complex and it may be hard to get compensation, this does not mean that it is impossible. You need to be aware of the legal hurdles, you need to know what evidence helps the most, and you must look into all of your legal options. It's also critical to understand police involvement, as they may be more heavily involved in a case like this than in a standard two-car accident.
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