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

Published on Sep 25, 2018 by Thomas Law Offices.

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, Thomas Law Offices can 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 on 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 to 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.

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At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

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Meet Our Founder

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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Tad Thomas on The National Crime Victim Bar Association
National Civil Justice Institute - Trustee
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Southern Trial Lawyers Association
Illinois Trial Lawyers Association
Ohio Association for Justice
Kentucky Justice Association
Fellows of the Litigation Counsel of America
Martindale Hubbell Preeminent
2021 Public Justice Member
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