You’ve probably had a day where you were driving and had to weave in your lane to avoid a hazard. Perhaps it was a dog in the road or you saw a child on the corner and thought they were going to step into your path.
Whatever the issue was, you should know that going out of your lane could open you up to liability in a crash…but not always. If someone hits you because of leaving their lane, there are a few things you should know.
Leaving the lane for a hazard: Who’s at fault?
Who is at fault if you have to leave your lane due to a hazard will depend on a few factors. For example, if an animal runs out into the road and it is wild, you might be held accountable for going into someone else’s lane. On the other hand, if it is a domestic pet, the owner of that pet may be liable for their animal causing a crash.
If someone leaves their lane to avoid a pedestrian or cyclist who made an error, the cyclist or pedestrian may be found to be at fault, because it was only reasonable for the driver to try to avoid them.
When someone leaves the lane because of a hazard that was foreseeable or that could have been avoided if they had paid more attention, then they could be found liable for causing a crash. For example, if someone is speeding and has to move out of the lane to avoid a road hazard, their reckless and negligent behavior may lead to them being held liable for the collision.
If you’re hit because of someone swerving or weaving, know your options
If you are involved in an auto accident because someone swerved or weaved into your lane, it’s helpful to learn more about your local and state laws as well as your options for seeking compensation. You may be able to pursue a claim again the driver, a pet’s owner or another person responsible for causing the collision, so you can get the compensation you need for lost wages, medical expenses and other losses.