Most drivers are good-hearted people who take precautions not to harm anyone or anything with their car. However, good intentions sometimes lead to tragedy, such as when a person is struck because the operator of a vehicle suddenly swerved to avoid hitting an animal.
This sad scenario played out in Florida when a 15-year-old riding his electric scooter in Auburndale died because a driver tried to avoid some dogs that ran into the road. Yerial Gonzalez had been heading toward a friend’s home in Winter Haven.
When faced with an obstruction in the road, such as a dog, pedestrian or debris, the driver be aware of the potential danger associated with an evasive maneuver. Swerving to avoid a collision may seem like the instinctual response, but it's essential to assess the situation carefully. In some cases, it may be safer to brake or slow down gradually rather than wrenching a car off of its path. Though drivers are conditioned to keep an eye out for other cars, a pedestrian, or someone on a bicycle or scooter, might be harder to see. Depending on the circumstances, hitting the animal or object in front of you could be the best way to avoid injuring someone seriously.
If you’ve been hurt in an accident caused by a swerving vehicle, it's essential to gather as much evidence as possible to support your case. Take photos of the scene, including any obstructions in the road, damage to vehicles and skid marks. Obtain contact information from witnesses and exchange insurance information with other drivers involved. Additionally, be sure to report the accident to law enforcement and seek medical attention for any injuries sustained.
Determining liability in accidents caused by swerving can be complex, particularly when multiple vehicles are involved. In Florida, the doctrine of comparative negligence applies, meaning that each party's degree of fault is considered when determining liability for damages. If you swerve to avoid an obstruction and collide with another vehicle, the question of who is at fault will depend on various factors, including the actions of all parties involved and their adherence to traffic laws.
Dealing with the aftermath of an accident can be overwhelming, especially when liability is disputed. Seeking guidance from an experienced personal injury attorney can help you understand your rights and options. An attorney can review the details of your case, advocate on your behalf with insurance companies, and pursue compensation for your injuries and damages through negotiation or litigation.
Goldman, Babboni, Fernandez, Murphy & Walsh in Sarasota is committed to helping victims of all types of accidents, including cases where the injury was caused while the driver swerved to avoid something else. For a free consultation, please call 941-954-1234 or contact us online.