Not all motor vehicle accidents in Texas involve one car crashing into another. Some automobile accidents are caused by a driver forcing someone else to swerve or take evasive action to avoid a collision. These are called no-contact accidents, and the at-fault driver is referred to as a “phantom driver.” Even if your two vehicles never touched, the driver of the other car could be held responsible for your damages, depending on the circumstances. make sure to speak with a car accident lawyer in San Antonio.
Common No-Contact Crash Scenarios
A no-contact crash can occur when you take defensive action to prevent a car accident. You may be trying to protect yourself from being hit by another driver, but this could end up causing a subsequent accident. You may swerve into a third car, or you may drive your vehicle off of the road and strike a tree or ditch.
Common no-contact accident scenarios include:
- Another driver makes an unsafe lane change into your lane.
- A car or truck starts to merge on top of you.
- A driver runs a red light and illegally enters the intersection when it’s your turn.
- The driver in front of you brake-checks you abruptly.
- A car crosses over the white centerline and heads straight into oncoming traffic.
- You notice a driver behind you failing to hit the brakes while you’re stopped.
- An animal runs out into the road in front of you.
Whether your maneuver resulted in a two-car, multivehicle or single-vehicle car accident in Texas, you may be eligible for financial compensation from the driver who forced you to swerve. However, establishing liability in these accident cases can be difficult.
Proving Liability for a No-Contact Crash
Texas is a fault-based car insurance state, where the person or party at fault for causing a collision must pay for resultant damages. When you swerve to avoid a car accident because of the negligent or reckless actions of another driver, generally, the other driver can be held accountable.
If the phantom driver broke a traffic law (e.g., speeding or running a red light) and almost crashed into you, that driver can be held liable for a subsequent accident – even if his or her vehicle never actually touched your car. You will need to prove that your swerving was a reasonable and necessary response to the other driver’s negligent actions.
Evidence you need to support your no-contact car accident claim may include video footage, eyewitness statements, a police report and traffic citations against the other driver. Be sure to report your accident to the police and give an officer your statement. Get medical care right away for any injuries to prove your losses to the other driver’s insurance company.
Navigating the Comparative Negligence Defense
The insurance carrier of the phantom driver will likely try to avoid full liability by shifting some of the blame onto you. The insurer may argue that you had an unreasonable reaction to the perceived threat, for instance, and swerved in a manner that caused an unnecessary accident.
The other driver’s insurer may say that you were speeding, you “lost control of your vehicle” or that the sudden emergency was not real. You can combat these allegations to protect your financial recovery by hiring an experienced injury lawyer attorney in San Antonio to represent you during claim negotiations.