A negligent driver can still be held liable for a no-contact car accident if their actions prompted another driver to crash into another vehicle or property. Regardless of whether they made contact or not, the victim tried to avoid an accident caused by a negligent driver.
Read on to learn about a no-contact car accident in Sacramento and how to file a claim if you are involved in one.
What is a No-Contact Accident?
A no-contact accident occurs when a vehicle gets into an accident caused by a negligent driver, even though there is no physical collision between the two cars. This usually happens when a driver attempts to avoid an accident due to a negligent driver’s actions, causing it to crash into another object or vehicle.
Examples of scenarios leading to no-contact accidents are the following:
- A vehicle runs another car off the road.
- One driver abruptly changes or merges lanes, cutting off another vehicle.
- A driver suddenly stops, leading the car behind to swerve to avoid a crash.
- A driver neglects to yield to a car with the right-of-way, resulting in the swerving of that vehicle.
While a negligent driver should always be held responsible for a crash, proving liability in a no-contact accident may be challenging because there is no direct contact between the two vehicles.
What Happens in a No-Contact Accident?
Unfortunately, most drivers who cause a no-contact car accident in Sacramento may not be aware that their actions led to the crash. In such circumstances, most drivers continue to head off without attending to the accident victims.
This is why individuals who cause no-contact accidents and drive off afterward are often called “phantom drivers.”
In most cases, phantom drivers commit traffic violations that prompt other drivers to avoid them, causing them to crash into another vehicle or object. Victims usually suffer physical injuries and property damage due to the crash.
A phantom driver typically commits the following offenses, which result in another vehicle’s accident:
- overspeeding,
- distracted driving,
- aggressive driving,
- driving while under the influence of drugs or alcohol, and
- drowsy driving.
Who Is at Fault in a No-Contact Car Accident in Sacramento?
Victims of crashes without contact usually ask, “Who is at fault in a no-contact car accident?” Generally, a negligent driver should be held responsible for a collision. Negligence is established through these four elements:
- The driver was responsible for ensuring everyone’s safety.
- They neglected this duty.
- The breach resulted in an accident.
- The crash caused injuries and other damage.
So, if another driver’s wrongdoings caused you to collide with another vehicle or property, they should be liable for the accident. However, proving the negligent party’s liability may be challenging since phantom drivers usually take off without realizing they caused a car accident in Sacramento.
Your best option is to hire a Sacramento car accident attorney who can examine the facts of your case and collect evidence to identify the at-fault driver.
You Are Partially Liable for the Crash
Remember that you must prove that the negligent driver’s actions entirely caused the accident. In this case, you must establish that there is no other appropriate way to avoid the crash, and you have to take action, leading to your car accident.
However, if it is determined that there were other possible courses to take to avoid the crash without causing another one, but you made a decision that resulted in another driver’s injuries or property damage, you may be partly liable for the accident.
As long as you are not entirely at fault for the no-contact car accident in Sacramento, you may file a car accident claim against the negligent driver in California. For instance, you may receive 90% restitution if you are 10% responsible for the accident. This is because California applies pure comparative negligence to personal injury claims.
While it is possible to claim compensation regardless of how much you are liable for the accident’s damages, proving the phantom driver’s negligence may be challenging, especially if they didn’t make contact with you. This is why contacting a car accident lawyer who can gather sufficient evidence to prove the driver’s liability is essential.
Who Covers the Damages if a Phantom Driver Causes the Accident?
The at-fault driver’s insurance provider should cover the accident’s damages. However, if you can’t identify and locate the phantom driver, you may use your insurance policy to pay the damage expenses.
In such cases, you may use your uninsured motorist coverage to cover the following damage costs:
- Medical bills for you and your passenger from the accident,
- vehicle parts replacement, and
- other property damage expenses.
You may also use your MedPay or health insurance if you incurred injuries in the no-contact car accident in Sacramento.
How Can I Prove a No-Contact Accident in Sacramento?
It is difficult to prove a car accident in Sacramento with physical contact. However, there are several pieces of evidence you may use to justify the driver’s negligence, such as:
Witness Testimonies
Witness testimony is one of the most crucial pieces of evidence you must obtain to prove your case. An eyewitness should have seen the occurrences of the accident and can coherently narrate how the crash happened.
Through this, you may establish the phantom driver’s negligence. In some cases, you might also be able to locate the driver if the witness can remember the vehicle’s plate number or the driver’s physical appearance and describe the vehicle type involved in the car accident.
CCTV, DashCam, or Surveillance Footage
Any videos showing how that accident happened will be beneficial in establishing the driver’s negligence. There may be Closed circuit television (CCTV) or surveillance footage in areas near the accident scene. So, you may request a copy of the footage by contacting the company or person who owns the camera.
You may also use your dash camera footage if you have one installed in your vehicle. This may indicate the phantom driver’s wrongdoings and the results of the crash.
Police Reports
Responding officers gather all the necessary details when concluding how the accident happened. Usually, they will search for witnesses and ask for their statements. This can be useful, especially if you couldn’t gather evidence due to your injuries.
To request an accident report, you may do the following:
- Contact the Sacramento Police Department or California Highway Patrol,
- Pay a $10 to $20 fee for the document, and
- Provide the following details about your accident:
- name of any individual involved, license plate number,
- responding officer’s name, or
- the police report number.
Suppose it is physically impossible to gather evidence due to your injuries. In that case, you may contact a Sacramento injury lawyer with the expertise and resources to collect sufficient proof when proving your claim.
What Damages Can I Include in My Compensation?
A no-contact car accident may result in minor to severe injuries and damages, depending on the impact of the crash. When calculating the total compensation for your accident, you may consider the following damages applicable to your case:
Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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You may also contend for punitive damages if the negligent driver’s actions are extreme, malicious, or intentional. The court usually decides on additional costs if this happens.
While you may add all these damages, how will you be able to quantify non-economic damages? A Sacramento car accident attorney can maximize your payout by exhausting all possible damages applicable to your case, including non-monetary losses and punitive damages.
What To Do If You Are Involved in an Accident Without Contact with the Other Vehicle
If you are involved in an accident without contact with the other vehicle, you may follow these steps to ensure your safety, avoid escalating the situation, and take the appropriate steps when pursuing legal action:
- Remain calm.
- Call 911 or the Sacramento Police Department to respond to the accident scene.
- Check if you sustained injuries in the car crash.
- Seek medical attention and contact the nearest hospital in Sacramento.
- Avoid sharing information that is unnecessary to your case.
- Collect evidence at the accident scene, such as photos of the damages and witness testimonies.
- Cooperate with the Sacramento police officers.
- Contact personal injury lawyers who can help build your car accident claim.
Who Can Help Me Win My No-Contact Accident Claim?
We understand the frustration and stress of dealing with a no-contact accident. This is especially true if the phantom driver can’t be identified and located. In such cases, you will need a personal injury lawyer who can assess your accident and work with investigators to collect evidence and prove liability.
For instance, you hit an individual’s property because you avoided colliding with a negligent driver. The accident resulted in your and other victims’ damages. In this event, the other victim is blaming you for the crash.
Since the phantom driver didn’t realize they had caused the accident, they continued driving away from the scene. How, then, can you receive compensation and pay for the accident’s damages?
A personal injury lawyer can do the following to help you successfully win your case:
- Examine the facts of your accident.
- Collect evidence to justify your claim.
- Use the evidence to identify and locate the driver.
- Prove liability.
- Calculate the total damage from the collision.
- Communicate with the insurance company.
- Defend your case at trial if necessary.
Jacoby & Meyers has the best car accident attorneys Sacramento can offer. We aggressively defend our clients’ cases while providing quality legal service and medical assistance to car accident victims in Sacramento. Contact us at 800-500-0000 for a free consultation and learn about your legal options today.
Jacoby and Meyers. Because You Deserve Justice.
Call or text 888-522-6291 or complete a Free Case Evaluation form