Most drivers have had at least one experience where they’ve had to take quick action to avoid an accident, thanks to another driver on the road. When someone merges into your lane without looking, fails to yield or cuts you off, often, the only option is to swerve to avoid hitting them. What happens if you lose control of your vehicle or crash into another car? Is the reckless or negligent driver still to blame, even if they never hit you?
No contact car accidents are more difficult to prove in court, but it’s still possible to hold negligent drivers responsible for damages.
Examples of no contact car accidents
Generally, a no contact car accident happens when one driver is trying to avoid an accident. Causes may include:
- Other cars failing to yield
- Drivers cutting off other vehicles
- Failing to stop at lights or stop signs
- Trying to avoid a crash in front of you
- Avoiding someone who merges without looking
- Swerving to avoid another driver’s dangerous moves
Who’s liable for a no contact car accident?
Car accidents are usually a question of negligence. To prove another driver was negligent, a plaintiff must show that:
- The other driver had a duty to obey traffic laws and avoid causing harm;
- The other driver breached that duty;
- The breach of duty caused the plaintiff’s accident; and
- The plaintiff suffered actual harm.
When it comes to no contact car accidents, the defendant breaches their duty by driving in an unsafe manner and breaking traffic laws. If the plaintiff suffered actual harm (injuries and property damage), and they were less than 50 percent at fault for the resulting crash, they should prevail on their claim.
However, no contact car accidents can present some challenges. If the negligent driver drives off, since they weren’t involved in the crash, you might not have a chance to collect any identifying information. In that case, the Law Offices of Tim Misny will help you collect evidence like eyewitness testimony, dash cam or surveillance footage, the accident report and more.
Because no contact car accidents can be tough to prove, having our firm on your side can make a big difference. A skilled personal injury attorney works to prove to your insurance company that you were not at fault. If you’re involved in a no contact car accident, seek medical treatment and call us as soon as possible.
Call a Columbus car accident lawyer today
The Law Offices of Tim Misny can help you with your car accident case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
