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To What Extent Am I Obligated to Avoid Causing a Car Wreck?

Published on Sep 25, 2018 at 1:24 pm in Auto Accident.

When you’re driving, you owe other drivers on the road a duty of care. This means you’ll obey traffic laws, such as adhering to the speed limit, driving cautiously, and always signaling before you turn or switch lanes.

But there may be cases where other cars don’t offer you a duty of care. In these situations, you may have to take evasive action to avoid a collision. If there are other cars around you, a swerve or suddenly slamming on the brakes may cause another car crash. It seems like a no-win situation and may even be more confusing when it’s time to determine fault. In the event of a car crash in Ohio, a reliable Cincinnati car accident lawyer from Thomas Law Offices will be able to help you with your case.

Avoiding an Accident and Causing Another Crash

While you should drive safely and do everything possible to avoid collisions, there may be situations where you don’t have a choice and you have to move to avoid a dangerous driver. Your action may cause you to side-swipe or collide with another vehicle, or you could hit something off the road such as a sign or a tree.

These cases are called no-contact car accidents, because you and the irresponsible driver didn’t collide. They’re sometimes being referred to as being caused by a “phantom driver”. They come with their own difficulties because sometimes it’s hard to prove that someone else caused your accident.

Usually, insurance companies consider phantom drivers the same as uninsured drivers, but this may not cover the cost of your accident. A lawyer will help you get the evidence you need so you will have a more successful outcome. There can be measures taken to find the phantom driver, like if you memorized their license plate or car model, and there may be situations where the incident was caught in tape. Parking lots, places of business, and even some homes have security cameras. If they catch what happened, your story will have more credibility.

There also may have been eyewitnesses to the accident. Having third party accounts that support your story will help your case. After the incident, try and get eyewitness information. Your lawyer will also help get their accounts as well.

If you’ve been in an accident that was someone else’s fault, you deserve to protect your rights. Call Thomas Law Offices today for a free consultation.

Meet Your Team

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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