Another motorist doesn't have to hit your car to be responsible for your accident. However, winning damages against a driver whose car didn't touch yours is difficult. The main complication is proving how the motorist caused the accident without hitting your car.
How Another Driver Might Force You Into a No-contact Accident
No-contact accidents occur in several ways. Below are a few examples.
Consider a case where you are driving safely along your lane when the car in front of you stops without warning. You swerve to avoid hitting the car's rear and hit an electrical pole.
Failing to Yield
Traffic rules concerning the right of way define who should yield in all situations. However, some drivers do not respect these rules and risk accidents. For example, you might approach an intersection knowing you have the right of way, only for another motorist to fail to yield. You might lose control of the car if you apply evasive maneuvers to avoid hitting the car.
Swerving Into Our Lane
In a multiple-lane road, a driver who wishes to change lanes should signal their intention and change lanes when it is safe. However, a driver might swerve into your lane without notice, forcing you to swerve to avoid a collision. If you hit another object, the driver who swerved first should compensate your damages.
Driving You Off the Road
A no-contact accident can also be intentional. Consider a road rage situation where another motorist accuses you of failing to yield and intimidates you by acting like they want to sideswipe your car. The motorist might push you (without hitting your car) completely off the road, causing an accident.
Complications With Proving No-contact Accidents
Below are the two main complications of no-contact accident claims.
Phantom Driver Situation
In many cases, the driver who causes a no-contact accident does not stop at the scene. The driver might not stop if they are unaware of the consequences of their actions. In such a case, you must first locate the driver and prove their liability for your accident to win your case. You may have to rely on the authorities or hire a private investigator to locate the driver.
Link to Your Accident
Even if you identify the driver responsible for your no-contact accident, you must prove the link to your accident. You need credible and irrefutable evidence that shows the accident wouldn't have occurred without the defendant's actions. In many cases, nothing short of witness testimony or video evidence suffices. Unfortunately, such evidence is not always available.
For more information, contact a company such as Lake Munro, LLC.