When Can You Sue for a No-Contact Car Accident?
Crash death surged in 2020 despite a lower number of vehicles being on the road. The rising number of fatalities on the roads is despaite the lockdown being in place.
So, why are there such high numbers of car accidents on our roads?
No-contact accidents are partly to blame for these high numbers of car accidents. The sad part is that most of the victims don’t live to tell the tale. Not all no-contact car accidents cause fatalities. Some leave behind a trail of property losses and mental anguish.
Preparing to sue after a non-contact car accident can be one of the hardest processes. It would be best if you got your facts right once you get your day in court. Determining at fault no-contact accident-related cases can be a hard nut to crack.
Here, we let you in on instances where you can sue for no-contact accidents.
What Is a No-Contact Car Accident?
Not all accidents occur when two cars come into contact. Sometimes, drivers’ actions or inactions on the roads can cause other cars to end up in fatal or non-fatal accidents. When this happens, you might end up being a victim of a no-contact accident.
Unfortunately, the “at-fault -driver” might not stop or may even never acknowledge the accident happened. In such cases, it might be that the driver didn’t even realize they caused an accident. However, this still doesn’t take away their obligation to exercise caution.
When another driver’s actions lead to an accident, you have the right to sue. Here are the instances where you can sue for no-contact car accidents.
When Can I Sue for No-Contact Car Accident?
As noted, most of the no-contact crashes are difficult to solve, especially with insurance companies involved. This is the reason most motorists don’t get compensation for such kinds of crashes. However, if you get your facts rights, you should claim compensation in any of these cases.
Driver Failed to Indicate
Basic driving etiquette demands that drivers use their blinkers when changing lanes or exiting on a specific road. Blinkers alert motorists coming from behind or in front of the car of the anticipated change of direction. If an accident is caused by such a driver’s failure to indicate, they should be at fault.
Sometimes, such drivers suddenly change lanes and speed off, leaving you without an option but to swerve to miss the car. If you swerve suddenly and end up hitting an oncoming car, you can sue for a no-contact accident. Your argument in such cases is that the accident wouldn’t have happened if the driver exercised caution.
If a Driver Brakes Without Warning
Some drivers swerve into your lane then brake without warning. If this happens, you end up slamming on your brakes in a bid to avoid a direct collision with the at-fault driver. If this happens on a busy road, the chances of getting a hit from the cars behind you are high.
In case of such accidents, you have the legal right to sue. The driver behind you may claim-no fault considering that you slammed onto your brake first. Considering the extent of damage to your car, suing for a no-contact accident is your only resort.
The court often considers such dynamics when making a final decision on the extent of culpability at the at-fault driver’s end. However, it’s your duty to show the reasons why the other driver was at at-fault.
Non-Compliance to the Right of Way
When driving, drivers exercise the idea of the right of way to ensure ease of traffic flow and hence avoid accidents. In the United States, if you approach an intersection, the driver who got to the intersection last must yield to the right of way. If you reach the intersection simultaneously, the driver on the left must yield the right of way.
As such, if an accident occurs on the roads because a driver failed to yield to this important rule, you have enough reasons to sue. You often approach an intersection, hoping that every driver on the road is aware and willing to respect such basic rights. If the other driver flouts the right way, you might end up swerving to avoid a direct crash.
If by swerving you end up hitting oncoming traffic, then the other driver should be liable. Most of the cases of no-contact accidents result from such basic human errors. If you have the right of way and the other driver disregards the law, you can sue them for compensation due to damages caused.
Dealing With Phantom Drivers
In most no-contact accident-related cases, finding the at-fault driver can be problematic. A phantom driver refers to the motorist who disappears immediately after a no-contact accident. Finding such a driver can be a real struggle.
Your insurance company will demand the right information about the at-fault driver’s identity. Phantom drivers often drive-off at times cautiously, other times unknowingly. When this happens, you might be at a loss finding the at-fault driver.
Witnesses play an important role in such cases. You only need an eyewitness account of the circumstances leading to the accident. If you have a dashcam or any of the other motorists captured the situation, then your case will be easy.
Dealing with secondary car accidents and the injuries that follow requires support from a professional. However, if the phantom driver left the scene immediately, it might take time to identify the at-fault driver.
This Is How to Approach a No-Contact Car Accident Case
When driving on the roads, accidents are unavoidable occurrences. This is more so when dealing with reckless drivers.
If you have been involved in a car crash and the at-fault driver did not hit your car directly, then you can sue for no-contact car accident compensation. The only thing you need to determine is who is at fault in the no-contact car accident.
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