You can drive responsibly and carefully on the road, but there are times when other drivers make choices that put you in danger. This could be someone drifting into your lane on the highway or forcing you to swerve to avoid an accident. The person in front of your might hit their brakes unexpectedly, causing you to do the same and hoping that you are not rear-ended as a result. In many cases, the actions of others could Make you the cause of an accident as you try to avoid another. If this does happen, you need to know what the law states and how it will respond.
What Happens When You Cause An Accident When Trying To Avoid Another?
There are some cases where the driver that caused you to swerve will pull over after this. There is also a chance they hit your vehicle while you swerved to avoid them. Regardless of the situation, if they are still around after the accident this can work in your favor. They will be another person who can confirm what you say happened and this generally means they will be held at fault and liable for the accident. In these situations, you should treat the case like any other accident claim and contact a car accident lawyer to help you.
The problem is that most swerve accidents are not this simple. If a driver causes you to crash into something or someone, this is known as a no-contact car accident. These situations are frustrating because the first driver, who is known as the phantom driver in these cases, will often leave the scene after you swerve. They may not realize there was an accident or left for other reasons. This means that you could be left with damages and injuries without knowing how to prove the phantom driver was at fault.
In these situations, there are certain steps that you need to take. Immediately after the accident, you will need to call 911 to report the accident to the police. You also need to see if anyone needs medical attention and get this as soon as possible.
It is also important that you look for any eyewitnesses who saw the phantom driver and the accident. You have to get the full name, phone number and address of these witnesses. You should also get a written statement of what they saw because it is very important in these types of cases.
You also need to try and remember all the details you know about the phantom driver and their vehicle. The make, model, and color of the vehicle are a good start, but license plate numbers will be better. Anything you noticed about the driver should also be noted.
It is important to note that taking these steps does not guarantee the phantom driver will be held responsible. However, it will make it easier to do so and they will boost your chances if you are the one being blamed for the accident.
What Do You Need To Prove There Was A Phantom Driver?
The state you live in will play a role in how no-contact accidents are handled. In some states, like Georgia, if you are in an accident because of a phantom driver, your insurance company will treat this in the same manner as an uninsured motorist. Of course, you will need to have uninsured motorist coverage as part of your insurance coverage.
To prove the phantom driver was at fault and get coverage, you will need to prove damage to a car as evidence of the accident or eyewitness statements from someone who saw the accident. These conditions have been put in place to prevent fraudulent claims from being made for compensation.
It is important that you have as much evidence as possible to support your case. The insurance company is going to point out all of the weak points in your evidence to avoid paying any claims. This is why you need to take the right steps at the scene of the accident.
If you have been in an accident that was caused by a phantom driver, it will be hard to make a claim for the damages. It is best to consult a lawyer who has experience with these types of cases. They will help you seek any compensation for what occurred and help you gather the information you need. Of course, you will need to research the law firm before you hire them to ensure you get the best possible representation and advice for your case.