Vehicle collisions aren’t always the result of reckless driving or gross negligence. Sometimes they may occur when a driver is trying to avoid another collision. What happens in that scenario? Who does the law hold accountable for such accidents?
Learn this and more about this unique accident scenario to know how to deal with it if it happens to you.
What Happens If You Swerve to Avoid an Accident but Cause Another?
When you cause an accident while trying to avoid another, you’re technically at fault. However, the repercussions or consequences you face vary depending on the nature of the accident, the damage extent, the parties’ response, and your legal defense.
If the driver that caused you to swerve remains at the scene and accepts responsibility, or there are witnesses who can confirm that the accident wasn’t your fault, you can avoid liability claims and penalties. But it’s easier said than done. Such situations often arise so instantaneously that there are no eyewitnesses. Moreover, if the driver you were trying to save pulls over and accepts what actually happened, the blame shifts to them. Hardly anyone would willingly do that, though.
In most cases, when drivers cause someone to swerve and hit another vehicle, and they know it’s their fault, they do not stop at the scene and run away. There are also cases where a driver doesn’t even realize they caused someone else’s accident, so they don’t stop. In both these scenarios, it can be difficult to prove that the accident wasn’t your fault but of the driver that escaped (called phantom driver). However, failure to do so can leave you with insurance claims from the other driver (whose vehicle you hit) and a lawsuit, depending on the severity of the damage.
What to Do If You Cause an Accident While Avoiding Another?
Take these steps when you swerve to save someone and cause an accident, but that driver escapes to avoid further complicating the situation and deal with it the right way:
- Note as many details about the phantom driver as you can, such as the color, make, and model of the car, its license plate number, etc. While you may not likely have the time to do if the driver that caused the accident decides to run away, take a picture of the car and/or the driver if you can.
- Call 911 immediately
- Ask around to know if anyone witnessed the accident. Take their names and contact details so you can get their statements if you face a liability claim or personal injury lawsuit from the other driver.
- Hire a car accident lawyer to help you fight the claims and lawsuits.
Hire a Car Accident Lawyer from The Bourassa Law Group to Prove Phantom Driver’s Negligence
If the driver who caused you to swerve and crash into another vehicle escapes the scene, it can be treated as a hit-and-run accident case, and you may claim coverage for your damages from the phantom driver. A lawyer can help you do that while also being your legal assistant in fighting the claims you may face from the driver whose car you end up colliding with.
If you or someone you know is in this situation currently, dial 1-800-870-8910 today for a free case evaluation and to work with our skilled car accident lawyers in Nevada to prove you weren’t at fault in the accident.
1-800-870-8910