Blog

Home » Blog » Faulty Evasive Action

Faulty Evasive Action

Name: Janicek Law
Address: 1100 NE Interstate 410 Loop #600, San Antonio, Texas, 78209
Telephone: 210-366-4949

September 12, 2023
Car Accidents

Under Texas law, faulty evasive action occurs when a driver tries to avoid a car accident in the fastest way, often putting other drivers at risk. A truck driver or motorist who loses control while swerving into oncoming traffic or turning the steering wheel too sharply may end up colliding with other drivers, pedestrians, or objects. Poor evasive driving techniques, such as threshold braking, can make a situation worse. Many factors contribute to these collisions, including speed limits, road conditions, and distractions like a cell phone. In an intersection, a driver who slams the brake pedal at a red light or jerks the wheel sharply in the opposite direction may cause a multi-car accident. Instead of panicking, drivers should take reasonable steps to stay alert, anticipate potential hazards, and practice safe evasive action to reduce the risk of a collision. If you were involved in a crash caused by an evasive action gone wrong, the San Antonio personal injury lawyer team at our law firm can help determine liability and seek compensation.

If you’ve sustained a serious injury or lost a loved one, call 210-366-4949 to schedule a free consultation with our San Antonio catastrophic injury lawyers.

Evasive Action Meaning

Evasive action refers to a fast maneuver a driver takes to avoid a collision or other cars in traffic. This can include swerving the steering wheel, quickly braking, or accelerating in the opposite direction to escape the situation. In some cases, drivers may use advanced techniques like a J-turn or threshold braking to regain control of their vehicle. However, faulty or incorrect evasive action—such as overcorrecting or turning the wheel too sharply—can cause a car accident, especially at an intersection. To drive safely, motorists must stay aware of potential hazards and follow Texas law to minimize the risk.

What is Faulty Evasive Action?

Faulty evasive action – also known as inadequate evasive action or failure to take evasive action – is a type of driving behavior characterized by the failure to avoid a collision with another vehicle. In other words, failing to take evasive action means that a car or truck driver saw a potential danger on the roads and did absolutely nothing to avoid it. Evasive driving maneuvers could be quickly hitting the brakes or turning the steering wheel sharply in order to avoid a car accident.

For example, let’s say two cars are at a four-way intersection with stop signs. Driver 1 conveniently runs out of gas in the middle of the intersection as they were on the way to the gas station and almost made it before their car stopped running. Driver 2 is panicking and speeding because they’re late for work while simultaneously checking their cell phone. So Driver 2 runs the stop sign, and their front end collides into the side of Driver 1’s vehicle in the middle of the intersection. This is called a T-bone collision.

This accident was completely avoidable. Driver 1 could have seen Driver 2 sitting in the middle of the intersection from possibly over 1,500 feet away, giving them plenty of time to take a number of different evasive driving maneuvers: slowing down, swerving or slowly going around the car, or even turning down a different street entirely to avoid the car. And yet, because they were panicking, speeding, and distracted by their phone, they failed to take reasonable steps to avoid a foreseeable collision.

Common Evasive Actions in Texas

Common evasive actions in driving are maneuvers taken to avoid a collision or other potential hazards on the road. These include:

Emergency Braking – Applying brakes suddenly to stop or slow down quickly.
Swerving – Quickly steering to one side to avoid an obstacle or vehicle.
Evasive Steering – Making a controlled, sharp turn to avoid a crash without losing control.
Accelerating – Speeding up to escape a potential collision, such as avoiding a merging vehicle.
Lane Changing – Quickly but safely shifting lanes to avoid an impending hazard.
Controlled Skidding – Managing traction loss by steering into the skid to regain control.
Using the Shoulder – Moving onto the road shoulder to avoid a crash when no other options are available.
Backing Up Quickly – Reversing to escape, such as avoiding an out-of-control vehicle.
Using Horn and Lights – Alerting other drivers with honking or flashing headlights to prevent an accident.
Positioning for an Exit – Anticipating a hazard and maneuvering toward an open space to escape.

Drivers must use evasive action carefully to avoid causing a secondary accident or losing control of their vehicle.

Can a Driver Be Held Liable for Faulty Evasive Action in Texas?

Yes, a driver can definitely be held liable for faulty evasive action in Texas. This is because Texas is an at-fault state, which means that the at-fault driver’s insurance company has to cover all the damages of the other drivers involved.

Texas also follows a modified comparative fault rule with a 51% bar when at least two cars share percentages of fault in a car accident. If insurance adjusters find you to be less than 51% at fault for an accident, you can still recover compensation for vehicle damage, medical bills, and lost wages. However, if you’re found to be more than 51% at fault for an accident, you cannot recover compensation for any damages.

In the previous example, Driver 1 may be assigned a very small percentage of fault for continuing to drive their vehicle on an empty tank and failing to drift off to the side of the road if they felt their car shut down. Meanwhile, Driver 2 clearly shares the vast majority of the fault for the accident. Not only did they completely violate traffic laws by running a stop sign, but they were also driving recklessly with distractions. And finally, Driver 2 failed to take reasonable steps to avoid a collision.

Taking evasive action while driving is a clear violation of the duty of care that every driver on the road is expected to uphold. If everyone failed to practice evasive driving, then there would be car accidents left and right.

How Proper Evasive Actions Can Prevent A Car Accident

“Proper” is a keyword here. Drivers can take radical evasive action and make the entire situation worse. For example, maybe a driver’s knee-jerk reaction to avoid a large object in the road is to sharply swerve which makes them lose control of their vehicle and spin into oncoming traffic.

In many cases, proper evasive action is simply paying attention to all surroundings while driving, and braking to avoid potential hazards. This will lower anyone’s daily risk of colliding with other drivers.

If you’ve been injured, contact our San Antonio car accident lawyers to learn more.

Evasive Driving Tips

It is part of your individual duty of care to drive safely and avoid accidents where you can. Below, we list the best evasive driving techniques that can lower everyone’s risk of crashes, injuries, and even death.

Watch for Brake Lights to Avoid Rear End Collisions

One of the first things we learn in driver’s ed is to watch for dangerous conditions, cars, or other obstacles at least 15 seconds in front of the vehicle. This includes watching for other cars’ brake lights 15 seconds ahead of you, at an upcoming red light for example. This will give you plenty of reaction time to slow down and stop. Our brains can send signals to our feet to hit the brake pedal in less than 1 second, but sometimes this is still not quick enough to avoid an accident.

If you’ve been injured, contact a San Antonio rear end accident lawyer.

Look for Pedestrians

Drivers should always stay alert and scan the road or parking lot they’re driving in for speed limits, traffic signs, pedestrians, cyclists, obstacles, etc. Constantly being aware of danger on the roads is a crucial aspect of proper evasive driving. That way, you can make a quick maneuver if necessary, such as braking or swerving.

If a car hits you, whether on the roads or in a parking lot, contact our San Antonio pedestrian accident lawyers for a free consultation.

Avoid Distracted Driving

Distracted driving is a leading cause of car accidents in Texas, as it takes a driver’s focus away from the road and increases the risk of a collision. Common distractions include texting, eating, or interacting with a passenger in the back seat. When a driver is not paying attention even for a short period, they may fail to see stop signs, red lights, or other vehicles, leading to a serious crash. In an at-fault state like Texas, a distracted driver can be held liable for failure to take evasive action and violating traffic laws. To drive safely, motorists should stay aware, follow speed limits, and avoid distractions to prevent accidents.

If you’ve been injured by a distracted driver’s failure to take evasive action, contact a San Antonio distracted driving attorney for a free consultation.

Avoid Truck Driver Blindspots

Avoiding truck driver blind spots is crucial for drivers to prevent collisions and stay safe on the road. Large trucks have significant blind spots on the front end, rear, and both sides of the truck, making it difficult for a truck driver to see other drivers. If a truck driver lingers in these areas, the truck driver may not notice other drivers when changing lanes or making turns. To drive safely, drivers should stay out of blind spots, avoid sudden movements, and pass the truck driver carefully to reduce the risk of an accident.

If you’ve been injured because a truck driver failed to take evasive action or lost control of their truck, contact an experienced San Antonio truck accident lawyer.

Legal Assistance for Poor Evasive Action in San Antonio, TX

If you or a loved one has suffered personal injury or wrongful death in a car accident in Texas, you may have grounds to take legal action. Not only do San Antonio car accident lawyers at Janicek Law have extensive knowledge of Texas driving laws, but they also have decades of combined experience in fighting for the justice of crash victims.

Call 210-366-4949 to schedule a free consultation at our law firm today.

Practice Areas

Multi-Million Dollar Results For Over 30 Years

Schedule a Free Consultation

    
 
 
        
   Yvette Ramirez 
 1 October 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Andrew Skemp and Gabby his assistant are the best. Very knowledgeable and were amazing in my case. I am very pleased and thankful of the outcome. If I could give more stars I would. I extremely and  highly recommend them.
  
 
       
   Natasha Garza 
 31 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome.

Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us.

The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family.

We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
  
 
       
   Alex McWhirter 
 18 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
  
 
       
   Heidi Soto 
 8 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
  
 
       
   Lucy 
 30 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
  
 
       
   Iris Contreras 
 16 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law.
Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever.
When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting.
There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself.
What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that.
Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life.
No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had.
From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️
  
 
       
   Destiny Sanchez 
 14 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!
  
 
       
   Virginia-Ann Bernal 
 8 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal,  Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect.

Cassidy and Karen were  absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier.

The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process.

I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!
  
 
       
   Corey Sil 
 29 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas
  
 
       
   Jasub Baez 
 22 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Good lawyers .
  
 
 
 
  
 
   Google rating score: 4.8 of 5, based on 359 reviews

Janicek Law handled my case with such professionalism. I was always kept in the loop about what was going on with my case. Cassidy Muniz is amazing at what she does and I really felt like they actually cared about me and my case. Highly recommend Janicek Law Firm!

I could not be happier with the service and compassion from the Janicek Law Firm. They were friendly, responsive and knowledgeable throughout the entire process. I would give ten stars if I could – They are excellent!

Janicek Law was patient and understanding to my situation – it’s a fight – but they would make my father proud. Thanks you for taking the time to look over my case and speaking up for my family.

Beth and Mona have been truly helpful with our case! They have really done an amazing job. I would highly recommend them to anyone I know.

Incredibly talented and knowledgeable attorneys that will fight negligent nursing homes and bring Justice to the elderly and their families.

I am very happy and pleased with the Janicek Law Firm. I had such a difficult time finding someone to look into my case. The Janicek Law Firm has been very professional and attentive to my questions. They will take the time and review your situation and have been very dedicated in reviewing my case.