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Determining Fault After Trying to Pass on the Shoulder

Often times, other drivers drive unpredictably, like passing on the shoulder and causing accidents. It is not always that easy to prove fault in a car accident like this. The important action to take straight after an accident with a driver who tries to pass you on the shoulder is to act immediately and get all the evidence you need to prove who caused the accident.

Example of a How an Accident While Passing on the Shoulder Occurs

Often car accidents are caused because the driver who was at-fault lost concentration while driving and tried to pass other vehicles on the shoulder. Examples of how an accident can take place include:

  • the driver is driving after taking drugs and/or alcohol;
  • fatigue has taken over and the driver fails to pay attention while driving;
  • the driver is distracted when using an electronic device like a mobile phone;
  • the driver is driving recklessly on purpose and passes on the shoulder causing an accident.

Damages that Might Occur in an Accident While Passing on the Shoulder

Depending on the speed of the vehicle when the passing took place the damage that might be caused could include damage to the car involved in the accident, damage to any personal effects inside the car and the cost of treating injuries to the driver and passengers. All of these may be included in a PI claim. In addition, you can expect to get damages for the cost of all medical treatment, a proportion of lost wages while off work, and an amount for the pain and suffering caused by the accident. Finally, punitive damages may be added in the PI claim if you have the evidence that the driver went out deliberately to cause the accident when passing on the shoulder.

How to React in a Car Accident Caused by Passing on the Shoulder

As soon as the accident has taken place you will need to talk to the at-fault driver and exchange information like contact details and name of insurer. You must get the medical treatment you need as well. You should then start to assemble the evidence to prove who caused the accident. The type of evidence that is most useful in this kind of car accident include:

  • exchanging information with other drivers near the scene of the car accident;
  • taking photographs of the scene of the accident including the position of the vehicles and the damage done;
  • gaining access to surveillance camera photographs, if available;
  • eye-witnesses accounts of the accident;
  • asking the police officer for a police report;
  • providing a medical diagnosis from your physician with likely recovery time;
  • providing the bill for car repairs;
  • providing receipts and invoices for medical treatment.

Determining Fault After Trying to Pass on the Shoulder

Speak With an Attorney

Despite the fact that you might think that you have a clear case for proving fault in an accident caused by a driver passing on the shoulder, that is not necessarily how the at-fault driver’s insurer may see it. If you have a PI attorney working on your behalf, it may help you win a better PI lawsuit claim because the insurer will be less likely to delay a filed claim. This means you are far more likely to win a favorable PI claim than if you took on the insurer by yourself.

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