If you are ever involved in an accident where you were forced off the road by another driver, you should be aware of certain steps to take following the accident to make for a smooth recovery, both physically and financially.
Whether the driver hadn’t signalled properly, merged incorrectly, violated traffic laws, or had been recklessly driving, accident victims will be responsible for proving that the other party had been negligent and led to them being forced off the road.
If you were a victim of a crash, you can hire a Jersey City car accident lawyer to find out how you can claim compensation from an injury after being forced off the road and make sure your rights are protected.
Understanding Forced-off-the-Road Accidents
Being forced off the road typically happens when merging on a highway and a nearby car does not yield or allow cars to merge, or a lane closes unexpectedly and you are unable to flow into traffic. This can lead to the vehicle crashing into the highway shoulder or into off-road obstacles like trees, signage, or posts and may result in serious wreckage.
There are several types of crashes that could be categorized as off-the-road accidents:
- Hit-and-run accident: Any accident in which a driver flees the scene after striking another vehicle.
- Highway shoulder accident: Refers to off-road accidents specifically on highways where there is a shoulder
- Sideswiped into a ditch: Refers to when one vehicle swipes the side of another vehicle, causing them to lose control and swerve off the road into a ditch.
- Aggressive-driver crash: Tailgating, running lights, or road rage can all be categorized as aggressive driving, and in many cases forces drivers off the road when they must swerve to avoid the aggressive driver.
- Evasive-driving crash: Driving that involves reckless, abrupt turns, typically to avoid a collision, but ends up off-road or into a single-vehicle accident.
- Forced-lane-change accident: Refers to when a driver unexpectedly or inadvertently cuts off another driver and switches into your lane, often forcing the driver to drift off the road.
- Improper-lane-change accident: When a driver changes lanes illegally, fails to signal, or swerves too fast between lanes and causes an accident.
- Non-contact accidents: In some cases, the vehicles may not have even made contact, but the negligent actions of the at-fault driver could have caused someone to swerve off the road to avoid a pileup or a more severe accident.
To claim compensation for any injuries or vehicle damage that may have occurred from forced-off-the-road cases, claimants will have to prove that the at-fault driver was negligent.
Immediate Steps to Take After the Incident
The aftermath of an accident caused by a reckless driver can be exceedingly difficult to navigate, but it is important that crash victims are able to stay calm and keep composure. In some cases, it is required by law to report an accident to authorities, and for insurance reasons, it is recommended to document the scene in many cases.
Ensure Your Safety and Move to a Secure Location
Being pushed to the side of the road could still leave you vulnerable to injury from oncoming cars flying past. All drivers and passengers should make sure they’re at a safe distance from the road and from any other hazards.
Call Emergency Services and Report the Accident
Calling 9-1-1 and alerting authorities is crucial so that police can clear the area for any hazards or debris from the road, and they will be able to direct merging vehicles and traffic to prevent future pileups. Parties involved in the accident must file a police report to provide an account of the accident, which will usually include details like the time and date, weather, angle of the crash, and observations, to clear up any confusion on the circumstances.
Gather Evidence at the Scene
Assuming you are in a position to do so, gathering evidence like photographs or videos can be instrumental toward filing a claim later on. It is typically recommended by insurance companies to exchange information like the names, phone numbers, license plate numbers, etc. of the parties involved, however in many cases that involve forcing someone off the road or hit-and-run types, it is sufficient to take photos and gather witness statements from nearby drivers or anyone who was at the scene.
Seek Immediate Medical Attention
It is also important to check yourself for injuries, even if you think your injuries are minor. Some soft tissue injuries, like tearing a tendon or any internal bruising or bleeding can lead to serious issues down the line. Keeping hold of documents like medical invoices or treatment care plans because they can also go a long way in proving the extent of your injuries to insurance companies.
Why These Accidents Are Unique and Dangerous
Accidents where a victim is forced off the road can be considered especially dangerous, as being pushed off by another driver can happen suddenly and at high speeds (upwards of 50 mph) and could result in crashing into other poles, trees, and railings.
Rollovers, falling into ditches, or other hazards could occur and result in neck or spinal injuries, serious head trauma, or other injuries that can be severe.
Common Challenges in Forced Off the Road Cases
Proving liability in forced-off-the-road cases presents many challenges for individuals filing a personal injury claim, as many of these accidents happen with no collision or direct impact, or a lack of evidence overall.
Proving Liability Without Contact
Typically, exchanging contact and insurance information will be important for making a claim later on, however if the driver fled the scene and therefore did not exchange information, it may be more difficult to prove liability. However, relying on witness statements, dash cams or photographs, or black box data may provide enough evidence to prove you were not at fault.
Dealing with Insurance Companies
Insurance companies will investigate the accident to determine who was at fault for the off road accident, and some insurance adjusters may try to lowball someone making a claim without sufficient evidence. In these instances, having the expert counsel and negotiation skills of a personal injury attorney can help victims receive the compensation they deserve.
Road Rage and Intentional Acts
Being forced off the road could sometimes be a result of a driver with road rage, as road rage accidents have become a more and more common symptom of highway drivers going into traffic. Road rage can typically be described as aggressive driving followed by verbal insults and swearing.
Laws for road rage by state may vary, but in many states it is punishable and may even affect a driver’s insurance and driving license rights. A road rage lawyer will specialize in road rage and aggressive driver types of accidents, and can provide legal guidance in filing claims.
To know how to report a road rage incident, just like with a hit-and-run accident, victims can write down the license tag number and a description of the vehicle and contact the police to fill out a report.
Post-Accident Steps: Protecting Your Rights and Recovery
Victims in forced-off-the-road accidents can hire a personal injury attorney to claim compensation for their injuries in the crash. A consultation with a lawyer can provide an estimate of your claim and the legal process you’ll need to follow. A car accident attorney will gather and preserve evidence, build a strong case, go over filing requirements, and negotiate with insurance companies on your behalf.
Contact us Today for Help With Your Case
Knowing the steps to take following an accident where someone ran you off the road will help future victims have a better chance of making a successful personal injury claim.
Our law firm has years of experience in handling car accident cases due to negligence and also has trial experience.
Contact Omni Injury and Accident Law to consult one of our personal injury attorneys to get legal help after a forced-off-road accident. Call us today to schedule a free consultation!