What to Do When Cutting Off Causes a Car Accident

Cutting someone off while driving is more than just rude – it can trigger driving accidents that leave victims with severe injuries, emotional trauma, and financial burdens. Last April 22, a dashcam video captured a dark gray Honda abruptly merging in front of a semi-truck on I-15 near Farmington, Utah, jackknifing the trailer and forcing a shutdown of southbound lanes

Whether you were the one cut off or you inadvertently cut off another vehicle, understanding your rights and the appropriate steps to take afterward is crucial.

At Craig Swapp & Associates, our experienced Utah car accident attorneys guide injured individuals through each phase of recovery, helping them secure fair compensation and hold negligent parties accountable.

Is Cutting Someone Off Illegal?

“Cut someone off driving” may sound like an everyday annoyance, but it can be a serious hazard. Under Utah laws, motorists must signal lane changes and ensure the maneuver can be made safely before moving into another lane. Failing to yield the right-of-way or cutting off another vehicle without adequate space violates these statutes and can result in citations for careless driving or negligent operation of a motor vehicle.

• Failure to Signal or Yield: Not using a turn signal or disregarding another vehicle’s right-of-way can lead to charges under the motor vehicle laws.
• Reckless Driving: In extreme cases, cutting off another vehicle at high speeds or in heavy traffic may constitute reckless driving, a misdemeanor offense that carries heavier fines and possible jail time.
• Civil Liability: Even absent criminal charges, drivers who cut off another vehicle may be sued for negligence if their actions cause a driving accident.

Knowing these legal obligations, you can better recognize when cutting off another driver crosses the line from a minor infraction into actionable negligence.

How Accidents Occur When Cutting Off Another Driver

Cutting off another vehicle dramatically increases the risk of rear-end collisions, sideswipe accidents, and multi-vehicle pileups. Common scenarios include:

• Abrupt Lane Changes: A motorist swerves into your lane without checking mirrors or blind spots. You brake suddenly to avoid a collision, and the driver behind you strikes your vehicle.
• Blocking the Flow of Traffic: Cutting off while driving in heavy traffic forces surrounding drivers to react quickly, often leading to chain-reaction crashes when vehicles cannot stop in time.
• Aggressive Passing: A driver attempts to pass multiple vehicles in a single maneuver, cutting back into the lane too soon. The squeezed vehicle may collide with the passing driver’s bumper or side.
• Intersection Miscalculation: Someone cutting someone off at an intersection – turning left or right without yielding – can sideswipe other cars entering the junction, resulting in T-bone accidents with significant injuries.

In all these situations, the negligent driver’s failure to leave sufficient space and failure to anticipate others’ reactions constitute a breach of their duty of care on the road. That breach directly causes collisions, property damage, and personal injuries.

What to Do After a Cutting Off Driving Accident 

Experiencing a driving accident caused by someone cutting you off can be overwhelming. 

These essential steps can protect your legal rights after getting into an accident:

• Ensure Safety and Call 911: Check for injuries and move vehicles out of traffic if possible. Dial 911 to report the accident and request medical assistance, even if injuries appear minor, some symptoms may emerge later.

• Exchange Information: Obtain the at-fault driver’s name, contact details, driver’s license number, license plate, and insurance information. Get the names and contact information of any witnesses who saw the cutting off while driving.

• Document the Scene: Photograph vehicle positions, damage to both cars, skid marks, road conditions, traffic signals, and any visible injuries. Record the time, date, and location, and note weather or lighting conditions that may have contributed.

• Seek Medical Attention: Even if you feel fine, get a full medical evaluation. Injuries like whiplash or concussions can manifest hours or days later. Keep all medical records, bills, and prescriptions, as they are vital proof of your injuries and treatment.

• Notify Your Insurance Company: Report the accident promptly, but stick to the facts. Avoid admitting fault or speculating about injuries before consulting an attorney.

• Preserve Evidence: Keep damaged vehicle parts, clothing, and other physical evidence. Save all correspondence with insurers, repair shops, and medical providers.

• Consult a Utah Car Accident Attorney: Before providing statements to the other driver’s insurer, contact a car accident attorney for guidance. An attorney can handle negotiations, file necessary paperwork, and ensure your rights are protected.

Following these steps helps build a strong foundation for your claim, whether you pursue compensation through insurance or a lawsuit.

Who Is at Fault if Someone Cuts You Off While Driving?

Determining fault in a vehicle accident after cutting off hinges on establishing negligence. 

To prove another driver’s liability, you must show:

• Duty of Care: Every driver owes a duty to operate their vehicle safely and follow traffic laws.
• Breach of Duty: The at-fault driver cut someone off while driving, violating statutes requiring safe lane changes and yielding the right-of-way.
• Causation: This breach directly caused the collision – your vehicle was forced to brake suddenly or swerve, leading to a crash.
• Damages: You suffered actual losses, including medical expenses, property damage, lost wages, and pain and suffering.

Utah follows a modified comparative negligence rule. If you share fault, perhaps by driving too closely or failing to break in time, your compensation may be reduced by your percentage of fault, provided it remains below 50%. Accident attorneys in Utah can help allocate fault accurately and refute unfair blame attempts by insurers.

Available Compensation for Car Accident Injuries

Victims of cutting off while driving can pursue a range of damages, including: 

• Medical Expenses: Past, current, and future costs for hospital stays, surgeries, doctor visits, physical therapy, and medications.
• Property Damage: Repair or replacement costs for your vehicle and any personal items damaged in the crash.
• Lost Wages: Reimbursement for income lost due to medical appointments, hospital stays, or disability during recovery.
• Loss of Earning Capacity: Compensation for permanent impairments affecting your ability to work or earn at the same level as before the accident.
• Pain and Suffering: Noneconomic damages for physical pain, emotional distress, anxiety, and diminished quality of life.
• Loss of Consortium: In severe cases, spouses may recover for loss of companionship or support.

Calculating fair compensation requires careful documentation and expert testimony. Inflation, medical cost projections, and vocational assessments often factor into these estimates. A seasoned Salt Lake City accident attorney can work with medical professionals, economists, and vocational experts to build a compelling damages model on your behalf.

Statute of Limitations for Car Accidents

Each state has different deadlines for victims of car accidents, including those involved in accidents caused by someone cutting off another driver. 

On the first hand, Utah’s statute of limitations for filing a personal injury claim arising from a car accident is 4 years from the date of the crash. That means injured motorists must file a lawsuit within 4 years, or they forfeit the right to pursue compensation

On the other hand, Idaho’s statute of limitations is shorter: drivers have 2 years from the date of the collision to bring a civil action for personal injuries. Missing Idaho’s 2-year cutoff generally bars any recovery, even if the injury or vehicle damage only becomes apparent later.

Because these deadlines are strictly enforced, it’s critical to consult a qualified car accident attorney as soon as possible. An experienced lawyer ensures all paperwork is filed on time, investigates liability, and preserves evidence, so you won’t lose your chance to secure the compensation you deserve.

How to File an Insurance Claim After the Accident

Immediately after a car accident, your first line of recovery is typically through insurance. Acting promptly and thoroughly can maximize your benefits:

• Notify Your Insurer Promptly: Most policies require you to report an accident “as soon as practicable.” Call your insurer’s claims hotline within 24–48 hours. Provide basic facts without speculating on fault or injuries.

• Gather and Submit Documentation: Obtain a copy of the police or accident report; submit photos of vehicle damage, road conditions, and any visible injuries; forward treatment notes, bills, and diagnostic reports for injuries you sustained; and get written quotes from one or more repair shops to establish property damage costs.

• Work with the Claims Adjuster: An adjuster will be assigned to investigate. Cooperate by scheduling vehicle inspections and medical examinations. Be honest but concise; avoid emotional language or assigning blame.

• Understand Coverage Limits and Deductibles: Review your policy limits and your deductible. If another driver is at fault, you may recover your deductible as part of your third-party claim.

• Demand or Settlement Negotiation: Once liability and damages are established, submit a demand package outlining losses. Your adjuster may counter with a lower offer; be prepared to negotiate or provide additional evidence to support your valuation.

• Escalation if Denied: If your claim is denied or underpaid, appeal in writing to the insurer’s internal review department. Maintain all correspondence. If the insurer still refuses, you may need to file a lawsuit to compel payment.

Taking swift, organized action lays the groundwork for a successful claim. If your insurer disputes or undervalues your losses, a formal appeal – or, if needed, legal action can help ensure your rights remain protected.

How to File a Car Accident Lawsuit

When insurance remedies prove inadequate (due to denial, lowball offers, or an uninsured at-fault driver), pursuing a civil lawsuit becomes the next step:

• Retain Legal Counsel: A qualified car accident attorney evaluates case merits, identifies responsible parties (including third parties like municipalities for roadway defects), and determines all applicable insurance policies.

• Draft and File the Complaint: Your car accident attorney prepares a complaint detailing allegations of negligence, the facts of the crash, and your damages. 

• Engage in Discovery: Both sides exchange information through interrogatories and depositions.

• Expert Witness Preparation: Experts (accident reconstructionists, medical specialists, and economists) prepare reports to explain the cause of the crash, the extent of injuries, and the financial impact of long-term care or lost earning capacity.

• Motions and Pretrial Proceedings: Either side may file motions to dismiss claims, exclude evidence, or compel discovery. A pretrial conference sets deadlines and explores settlement potential.

• Settlement Negotiations: Most car accident lawsuits settle outside court. Mediators assist both parties in reaching a mutually acceptable resolution, often saving time and legal costs.

• Trial and Judgment: If settlement fails, the case proceeds to trial, where a judge or jury evaluates evidence and determines liability and damages. A successful verdict results in a judgment for monetary compensation, which your accident attorney helps you collect through garnishment, liens, or negotiations with insurers.

When insurance falls short, a car accident lawsuit offers a path to full compensation. With the right car accident attorney by your side, you maintain control over the process every step of the way.

Why You Should Seek a Car Accident Attorney

Handling a driving accident claim after someone cuts you off without legal representation can leave you at a disadvantage. 

Here’s why partnering with a car accident attorney matters:

• Investigative Resources: Accident attorneys have access to accident reconstruction experts who can analyze skid marks, vehicle telemetry, and witness statements to confirm how cutting off another vehicle caused your collision.
• Legal Knowledge and Experience: Navigating traffic laws and comparative negligence rules requires specialized knowledge. Your attorney will identify violations (such as failure to signal or reckless driving) and apply them to your case.
• Negotiation Skills: Insurance adjusters aim to minimize payouts. An experienced accident attorney knows tactics insurers use and can counter lowball offers with detailed demand materials backed by documentation.
• Litigation Readiness: If negotiations stall, your attorney can file a lawsuit, gather depositions, and represent you at trial to secure maximum compensation.
• Contingency Fee Arrangement: Most car accident attorneys, like Craig Swapp & Associates, work on a contingency basis, meaning you pay no upfront fees. Your attorney only gets paid if you recover damages.

By entrusting your case to qualified accident attorneys in Utah or elsewhere, you free yourself to focus on healing while your legal team pursues justice on your behalf.

Talk to Our Car Accident Attorneys at Craig Swapp & Associates

Being cut off while driving can transform an ordinary commute into a life-altering event. As accident attorneys in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona – our team at Craig Swapp & Associates is dedicated to investigating every detail, enforcing your legal rights, and fighting for the full damages you deserve.

You don’t have to face the consequences of an accident after someone cuts you off while driving – call us today at 866-308-3626 or fill out our contact form to schedule your free consultation.