NSW Swerved to Avoid Car Accident - Legal Liability?

[Lucaslly97]

Hi,

On one too many occasions, I had swerved to avoid some idiots that pull out of somewhere without looking. I was lucky I didn’t swerve into another person or car.

But I was wondering, can the person who causes me to swerve have any legal liability if a car accident were to happen?

After all, I had trouble fixing this reflex. I usually stop instead of swerving, if I had more time to process a situation.

 

[Adam1user]

hi,

On one too many occasions I had swerved to avoid some idiots that pull out of somewhere without looking.

I was lucky I didn’t swerve into another person or car.

But I was wondering can the person who cause me to swerve have any legal liability if an accident were to happen?

After all I had trouble fixing this reflex. I usually stop instead of swerve if I had more time to process a situation.

In my opinion, yes, based on if you have been careful with your driving. What I mean is that the driver has a responsibility of being careful, for example, leaving a safe distance the car in front of that person, if something happened by surprise then the action of that person should allow him to stop or turn safely but if the person did not leave a safe distance and did an accident, then that person is contributing to the accident. This is my understanding and I may be wrong, someone should correct me if I'm wrong. That is the advantage of having a dash cam now, you can record everything and that would help in the determining whose at fault.