You’re driving down the street when you notice a car speeding up from behind. To avoid being rear-ended, you quickly turn the wheel to go into the next lane, only to collide with another vehicle. What happens in this situation?
In a no-contact car accident such as this, the speeding driver would be known as a “phantom driver.” In this instance, you would file a claim with your uninsured/underinsured motorist coverage. You could have this type of insurance without knowing about it because you would have had to reject it in writing when you bought your policy, per OCGA §33-7-11.
Our law firm can provide you with more information about your options when you call us.
Proving the Impact of a “Phantom Driver” Can Be Difficult
To successfully win a no-contact car accident claim, your lawyer will need to figure out who the phantom driver was. These types of accidents are treated the same way hit-and-run accidents or accidents with uninsured motorists are.
Given these circumstances, when you file your claim, the insurance company may contest some aspects of your story. They might even ask for proof that this so-called negligent driver caused you to collide with another vehicle.
Our team can prove that a phantom driver caused your accident by:
- Obtaining traffic camera footage
- Interviewing witnesses
- Reading the police report
- Consulting with accident reconstruction specialists
You don’t have to worry about dealing with insurance companies when our team is on your side. We will present the details of your accident and fight for the settlement to which you are entitled.
For a free legal consultation, call 404-882-2969
For a free legal consultation, call 404-214-2001
Can You Pursue Compensation for Your Injuries if You Were Partially at Fault?
Accidents can happen in the blink of an eye, and you have to make split-second decisions. If you swerved to avoid a car accident but were then at fault for another, what are your options?
Per OCGA §51-12-33, Georgia has something called a “contributory negligence” rule. This means that you can recover damages through a claim or lawsuit, as long as you can show that another party was more at fault for what happened than you were.
The amount of your settlement or awarded damages may be impacted by the amount of responsibility you share for the accident. Reaching out to our firm could provide more insight into your options.
We can determine whether this statute applies to your case and what options you have—not only for recovering compensation but for protecting yourself from unfair accusations.
How Kaine Law Can Serve You After Your Accident
If you swerved to avoid another negligent driver, they may be liable for your accident and injuries. At Kaine Law, we will thoroughly investigate your accident in order to show that the other parties involved were more negligent than you were—and should therefore be held accountable for your losses.
We Will Handle the Headaches
After you are injured in a car accident, you should spend your time and energy recovering with your loved ones, not dealing with the headaches that come with bureaucracy. We know that it can seem overwhelming, but we are here for you.
We will negotiate with the insurance companies on your behalf to reach the best possible conclusion for you and your family.
We Will Fight for You Through to the End
If the insurance company doesn’t offer a fair settlement, we will not hesitate to bring your case to court. We are not afraid of a good fight, and we will argue your case before a judge or jury if need be. Every step of the way, we will be by your side throughout this process.
We Will Fight for the Money You Are Owed
There are two main types of damages that we can help you recover through your personal injury claim or lawsuit.
Economic damages can compensate you for your losses that come with a price tag already attached. This includes financial losses, such as the following:
- Past and future medical bills
- Lost wages
- Lost future earnings
- Out-of-pocket expenses
- Physical therapy, rehabilitation, and psychological services
- Prescription medication costs
- Vehicle repair and transportation costs
You can also recover non-economic damages for your intangible losses, such as your loss of enjoyment of life due to physical pain and mental suffering.
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We Can Take Your Case on a Contingency-Fee-Basis
Right now, we know that money is at the forefront of your mind. We want you to focus on your personal well-being, not on your financial concerns. That is why we help people on a contingency-fee-basis.
In this type of arrangement:
- You don’t pay us anything out of pocket for our help.
- We do not charge retainers or hourly rates.
- You don’t pay our attorney’s fees unless we win your case.
- We take our fees from the final award we get for you.
- You and your attorney will agree to a payment plan in writing at the beginning of your case. So, there will be no surprises regarding payment when you partner with our firm.
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Learn Your Options By Calling Kaine Law Today
To discuss what to do if you swerved to avoid a car accident but were at fault for another, call Kaine Law today. Your first call and consultation are free, so contact us now to get started.