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.

Unnecessary Stops

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!

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