February 16, 2022

Can I Get Compensation After a Phantom Driver Car Accident?

While we may not like to think about it, no one is guaranteed anything when we get on the road and drive. Sudden actions taken by other drivers and unexpected obstacles popping up in the roadway can happen without a moment's notice, requiring you to make a rapid decision. When a driver causes a crash and continues along unscathed and often completely unaware, this person becomes what is known as a phantom driver.

Because of phantom drivers and all of the other hazards on the road, it is critical that when you drive you are alert, focused, and free from distraction. In the event that you have done your best but have still been the victim of a car accident in Mississippi, reaching out to a Jackson personal injury attorney is your first step.

Getting Compensation After a Phantom Driving Accident

Most people understand that accidents happen. Whether it be the car in front of you suddenly making a hard stop, debris flying out onto the road, or a large pothole, there are almost unlimited reasons for a driver to quickly swerve out of the way in an attempt to avoid a crash.

If a negligent driver engages in reckless behavior behind the wheel, their actions could easily cause you to turn your wheel and veer off of the road so that you do not hit them, or so that they do not hit you. However, this often leaves drivers in a bad position if they crash into an object or another vehicle. Obtaining compensation for your damages becomes a more challenging goal to achieve when there was no contact with the negligent driver.

, Can I Get Compensation After a Phantom Driver Car Accident?, Germany Law Firm PLLC

The state of Mississippi’s minimum insurance coverage to legally drive a car is:

  • In a single accident $25,000 per person.
  • Bodily injury $50,000 per accident.
  • Property damages $25,000 per accident.

You can always purchase more insurance coverage if you like, but you must at least have this amount of insurance coverage. Uninsured motorist and underinsured motorist coverage are optional but it is typically recommended to have this coverage to keep you best protected on the road. The International Research Council reported that one in eight drivers has no insurance. So, this extra coverage will come in handy should you be hit by a person who does not have insurance or does not have enough insurance.

If a driver’s careless behavior causes you to have to hurriedly respond to their actions by swerving out of the way and you crash, there are two scenarios that can take place.

The first is that the driver recognizes that their behavior caused you to crash and they pull over to check on you. If this happens, then you can exchange information. 

The second is that they do not notice they were the cause of your crash. In this case, they would be considered a phantom driver as they simply continue on their path towards their destination completely unphased about what they just did. In this scenario, even if you have uninsured motorist coverage, this cannot be used to pay for your damages.

A no-contact accident is going to be hard to make the case for compensation but it is not impossible. Witness testimony or video footage can be invaluable in these cases. 

Speak with a Jackson Car Accident Attorney Today

If you were injured in a crash in Mississippi by another party’s negligence, connect with the Jackson car accident attorney at The Germany Law Firm for help with your personal injury claim. To schedule a free consultation, please call The Germany Law Firm at (601) 487-0555.

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