No-Contact Crashes: I Swerved to Avoid A Texting Driver. Who Is Liable?
There have probably been times when you have been driving, attentive to the road, when suddenly a driver moves into your lane, completely unaware of your presence, and causes you to swerve in order to avoid a collision.
In many instances, we may be able to avoid colliding with other vehicles and objects while doing this. However, while swerving to avoid a distracted driver, there are times when another collision occurs. Who is liable in these situations?
Scenarios of No-Contact Accidents
No-contact crashes occur when a distracted or negligent driver’s actions cause an accident to occur without actually hitting anything or anyone. This is known as a “phantom driver,” as the person may speed away without even realizing the damage they caused because of their negligence.
Some scenarios of no-contact crashes include:
Unsafe Lane Changes
An unsafe lane change refers to drivers suddenly switching to another lane, usually without using turn signals. If they don't check their blind spot, then they could unintentionally cause another vehicle to swerve and crash into another vehicle or object.
Making unnecessary stops can be just as dangerous as speeding. Drivers may immediately stop because they noticed a red light too late. This can cause the driver behind them to swerve into the next lane right into another car.
Running Red Lights or Stop Signs
A driver may have failed to stop at a red light, causing another driver who had a green light to swerve in order to avoid hitting the original driver who failed to stop.
Proving Liability in No-Contact Crashes
Especially in instances of no-contact crashes, gathering the right evidence is absolutely critical. A car accident attorney can help you gather effective forms of proof to present to your insurance company, including photos of damages, eyewitness statements, and dashcam footage.
This will be necessary in order to obtain compensation from your insurance company, as they will be safeguarding themselves from fraudulent claims. Depending on your state, your insurance company will most likely classify the negligent driver as an uninsured driver. What this means is that, if you have uninsured/underinsured insurance coverage, the claim would fall under this category.
Remember that the insurance company will probably try to get out of paying for your claims by pointing out flaws in your stories and pieces of evidence. Your best bet is finding an experienced car accident attorney who can build a stronger case for your insurance company than if you were to do it on your own.
If you're looking for experienced attorneys to help you with a no-contact accident case, turn to Johnson, Vorhees, and Martucci. With over 140 years of combined experience handling the most complex personal injury cases, our firm has what it takes to help our clients win the compensation they need.
Contact our firm at (833) 600-0125 to schedule your free consultation!