If a Car Cuts Me Off and I Hit Them, Am I Liable?

Being cut off by another driver and hitting their car is a situation that confuses and frustrates many people. You’ve probably heard that the rear driver in a rear-end crash is always at fault (or almost always, at least). But what about when that driver was cut off? This can definitely change the situation. Determining who is responsible depends heavily on the facts of the crash.

Speaking with a personal injury lawyer who understands Maryland traffic law and insurance practices is the best way to determine if you’re at fault or if you can collect compensation for damages that the other driver caused you.

How Maryland decides fault in these types of crashes

When you’re involved in an accident because someone cut you off, there are certain things investigators and insurance companies look for to try to determine who was really at fault.

Lane-change and merge duty

Drivers must only change lanes, merge, or enter another’s path if it is safe to do so. This also means using their turn signal so others have a reasonable warning before a maneuver. If a driver merges recklessly, without looking or signaling, liability can be placed on them, even if they are hit from behind.

Following too closely

The rear driver still has to keep a safe and reasonable distance at all times. Tailgating or leaving less time to brake than traffic conditions demand can leave the rear driver responsible, or at least partially to blame.

Reasonable care under the circumstances

Maryland investigators will consider what else influenced safe driving – bad weather, high traffic volume, poor visibility, work zones, unexpected jams or slowdowns, and whether the lane change was sudden or reasonable for the setting.

The rear-end presumption isn’t automatic

While rear drivers often start with presumed blame in an accident, that presumption isn’t definitive. If strong evidence shows the lead driver acted in a surprising or dangerous way that created a sudden, unavoidable hazard, blame may shift away from the trailing driver.

Evidence used to prove fault

Determining what really happened means collecting and examining evidence. Often, this includes the following:

Dashcam, helmet-cam, and security video

Clear videos from you, from the at-fault driver’s dashcam, other sources of video along the way (traffic cams or even footage from a person’s doorbell) can show what really happened and who caused the accident.

Event data recorder and telematics

Modern vehicles store crash and driving behavior data, including when and if the driver braked, how fast they were going, and what movements they made right before the crash. Looking at this data gives the investigators an idea of what really went on.

Phone records

Looking at the phone records of both parties can show if either one of them was distracted by the phone. This includes reviewing phone logs, text message history, and figuring out if social media or other apps were in use near the time of the accident.

Scene forensics

Investigators collect or photograph things like impact angle, exact points of collision (front, corner, side), skid marks, spread of debris, and where the vehicles each ended up right after the impact. In some cases, your lawyer may decide to work with an accident reconstruction expert to make sure they can show the other party was responsible for the incident.

Witnesses and emergency reports

After an accident, it’s always important to get the name and contact information of any witnesses who may have seen what happened. They can corroborate your version of events, which gives your story more credibility when you’re trying to explain that you weren’t responsible for the incident. Also, audio of 911 calls, CAD logs, police reports with diagrams of the accident, and driver statements all provide context for who was at fault.

Maryland laws that often come up in cut-off accidents

Certain Maryland traffic rules have a big impact on who can recover damages after a crash caused by someone being cut off. Understanding these laws can give you an idea of how the case may play out in court or with insurance companies.

Following too closely and unsafe lane changes

Police often write tickets for following too closely under Maryland law, or for failing to signal a lane change or merge. Proving a car unexpectedly slammed on the brakes or shifted lanes without checking for space or giving a signal can put the blame on the lead driver who cut you off.

Aggressive or reckless driving

If the other driver was weaving, brake-checking, tailgating, speeding, or generally driving without regard for safety, their conduct could fit the definitions for reckless or aggressive driving under Maryland law. These kinds of findings may strengthen claims that their dangerous conduct led directly to your crash.

Contributory negligence

Maryland follows the doctrine of contributory negligence, under which an injured person who is even slightly responsible for causing the crash, such as following a little too closely or going slightly above the speed limit, may be completely barred from recovering any money. This rule makes it especially important to gather evidence showing you truly weren’t at fault.

If you’ve been in an accident because someone cut you off, it’s normal to wonder if you were at fault, especially if you ended up rear-ending the car that made this reckless move. Many people assume that the following car is always at fault, but this isn’t the case.

When you work with the right legal team, they can prove that you weren’t liable and can help you recover damages for your injuries and other losses. We’ve been handling accident cases like these for decades, and we know how to get you what you’re truly entitled to. You never pay us unless we recover money on your behalf. Contact Plaxen Adler Muncy, P.A. to schedule a free consultation with a car accident lawyer today.