Many of us have been in this same scenario: you are driving along, keeping a safe distance, and out of nowhere, another driver cuts you off. There is no signal, no space, just a swerve into your lane, causing you to slam on your brakes.
Unfortunately, maybe this caused you to swerve and hit someone else. And now you are left with a bigger question than just the damage from the car crash.
Are you at fault if someone cuts you off in traffic?
You might think the answer should be “no.” After all, they caused the chaos. But unfortunately, when it comes to traffic accidents and insurance claims, things are never clear-cut. Here is what you need to know.
What Happens When You’re Cut Off
The issue here is negligence. Every driver on the road has a legal responsibility to drive safely and follow traffic laws. If someone cuts you off without warning or enough space, they have breached that responsibility. But did their actions directly cause the crash, or did your reaction also play a role?
That is where things get tricky.
Rear-Ending Someone Who Cut You Off
What happens when another driver jumps into your lane unexpectedly, and you rear-end them?
In many cases, the rear driver is assumed to be at fault. Why? You are expected to leave enough space between you and the car in front of you to stop safely. However, you may have a valid argument if that space was suddenly taken away because someone swerved into it recklessly. However, you will need proof that the other driver acted irresponsibly.
Even if you were cut off, if you hit the other car from behind, you could be found partially or fully at fault.
Swerving and Hitting Another Car
What happens if you did not hit the driver who cut you off, but in trying to avoid them, you hit someone else?
In this case, the situation becomes complicated. The person who cut you off may have caused the dangerous situation, but your reaction, like swerving into another lane or losing control, could make you partially liable.
How Insurance Companies Handle Cut-Off Accidents in Maryland
After a cut-off crash, one of your first calls may be to your insurance company. But what happens next may surprise you, especially under Maryland’s fault-based system.
Maryland is an at-fault insurance state. That means the driver who caused the accident is financially responsible for the damages. That seems simple, but determining who’s at fault, especially in a sudden lane change or “cut-off” scenario, is not always easy.
In most cases, insurance adjusters will:
- Review the police report
- Examine photos and damage patterns
- Speak with both drivers
- Consider witness statements and dashcam footage
Here’s where it gets tricky. For example, if you rear-ended the other driver, insurers will often start with the assumption that you were at fault, even if they cut you off. However, if you can provide evidence that the other driver made an unsafe or illegal lane change, such as failing to signal or merging without enough space, you may be able to shift liability in your favor.
If you want to prove the other driver caused the accident, you need more than your word. This is what can help:
- Video footage
- Witnesses
- Police report
- Photos
Without this evidence, the insurance companies may assume that the driver who hit something is at fault. Even with that, your claim must clear another hurdle, and that is pure contributory negligence.
One Mistake Can Cost You
Maryland is one of the few states that follows pure contributory negligence. Under this rule, if you’re found to be even 1% at fault for an accident, you can be barred from recovering any damages, even if the other driver was 99% to blame.
This sets Maryland apart from most other states that use a comparative fault system. Under this system, each driver shares responsibility, and damages are adjusted.
So, what does that mean for you? If you crash after being cut off, the other driver’s behavior might have triggered the incident. But if your response is seen as negligent in any way, like following too closely, speeding, or failing to control your vehicle, you could lose the right to recover compensation.
Getting cut off in traffic is frustrating, and getting in an accident is even worse. And while your instincts may tell you that it’s the other driver’s fault, the legal and insurance systems will take a closer look at how the crash happened and how you responded.
That is why speaking with an experienced legal team can make all the difference.
At GDH Law, we are here to help during this time. Reach out to us to see how we can assist with these types of claims.
