If a vehicle is passing you and it gets too close then forces you off the road, the driver is liable for your damages. Drivers have a responsibility to act in a manner that protects others from harm, and that includes adhering to the traffic laws.
When a driver gets too close and forces you off the roadway, they have acted negligently. When you can prove that negligence caused the accident, you will have a successful personal injury claim. If you were forced off the road by a passing vehicle, you should consult with a personal injury attorney.
If a car is passing, it should remain in the other lane of traffic and far enough away from your vehicle, so you can both go on your way. However, sometimes cars get too close or cut over too quickly, causing an accident to result.
There are four elements of negligence. The first element is always easy to prove. That element is that the other party has a duty. Any driver has a duty to drive in a safe manner and adhere to traffic laws to keep others from harm. The second element is showing that duty was breached. In this case, that duty was breached when the driver crossed the line and got too close to your vehicle.
The third element was when that breach of duty caused an accident. In this case, it caused you to swerve or run off the road to avoid a collision with the other car. Then fourth, damages. You must show that your damages were a result of the crash caused by the breach of duty.
As an example, your car wouldn’t have been damaged if the driver had stayed on his side of the road. You wouldn’t have whiplash if the driver hadn’t forced you off the road and you hit the guardrail. When all four elements of negligence have been proven, you will have a successful personal injury claim.
What to Do
If you are forced off the road by a passing vehicle, try to get as much information as you can about the other vehicle. While the driver might stop, he might try to continue traveling on his way if no contact was made with your car.
Try to get a license plate number. Also, try to note the make, model, and color of vehicle. Always stay on the accident scene until the police arrive. Make sure you tell them the other vehicle’s direction of travel. Ask any witnesses to stay on the scene and give their accounts as well.
Consult With a Personal Injury Attorney
If you have been involved in a crash because you were forced off the road by a passing vehicle, you should consult with a personal injury attorney. You have suffered a variety of damages, and the other driver should be held liable. Complete the Free Case Evaluation Form on this page, so your details can be shared with an attorney who will review your case