Not every car accident involves a direct hit. Sometimes, in an instant of quick thinking, a driver swerves to avoid another vehicle—only to slam into a pole, a ditch, or another car. These so-called “no-contact” crashes can leave drivers with serious injuries, expensive vehicle damage, and a lot of unanswered questions. If the at-fault vehicle never physically touched yours, can you still file a claim?
The short answer: yes, you can—and often should. Louisiana law allows injury victims to pursue compensation in no-contact crash scenarios if another driver’s negligence caused the incident, even if they fled the scene or never stopped. With the help of experienced attorneys like the team at Babcock Injury Lawyers, victims can recover damages and hold the responsible party accountable, even when they weren’t hit directly.
Understanding “Phantom Driver” Accidents
A phantom driver is someone who causes a crash without ever making contact. For example, a driver cuts you off, forcing you to veer off the road. They may never realize the harm they’ve caused—or worse, they flee to avoid responsibility. These drivers can be just as dangerous as those who crash directly into other vehicles.
Though it may seem like a dead end, these cases are not hopeless. Witnesses, traffic cameras, and dash cam footage can help identify the phantom driver or at least confirm their role in the incident. If they can’t be found, your own uninsured motorist (UM) coverage may step in to fill the gap.
You Don’t Need a Direct Collision to File a Claim
Many people mistakenly believe that unless there was physical contact between vehicles, they can’t file a personal injury claim. That’s simply not true. If another driver’s reckless, distracted, or aggressive behavior caused you to swerve and crash, they may still be legally liable for your injuries.
The key is proving causation—showing that their negligent act triggered your evasive maneuver. With strong documentation and quick legal action, these claims can be just as valid as any rear-end collision or T-bone accident. Don’t let a lack of contact prevent you from pursuing the compensation you deserve.
Common Injuries in Swerve-to-Avoid Crashes
Swerving to avoid a collision may prevent one danger, but it often creates another. These sudden maneuvers can result in high-impact accidents and serious injuries. Below are the most common injuries associated with swerve-to-avoid crashes:
- Head injuries: Concussions and other traumatic brain injuries (TBIs) are common due to sudden stops or impact with airbags, windows, or interior surfaces.
- Spinal cord damage: Violent shifts in momentum or rollovers can compress or fracture the spine, leading to lasting nerve damage or paralysis.
- Broken bones: Arms, legs, ribs, and facial bones are vulnerable during crashes involving rapid directional changes or rollovers.
- Internal bleeding: Blunt force trauma from collisions with fixed objects or seatbelt pressure can cause unseen, life-threatening injuries to organs.
- Whiplash: The neck often absorbs the force of sudden swerves or impacts, leading to whiplash and other soft tissue damage.
- Joint trauma and soft tissue injuries: Bracing for impact can strain shoulders, knees, and wrists, causing ligament tears or inflammation.
- Delayed symptom onset: Even minor-looking crashes can cause injuries that worsen over time. Pain and stiffness may take hours or days to appear.
The Role of Police Reports and Eyewitnesses
After a no-contact accident, the official police report becomes a vital piece of your case. Be sure to tell the responding officer exactly what happened, including details about the other driver’s actions, such as sudden lane changes or running a red light. If you saw their license plate or the make and model of the vehicle, share that too.
Eyewitnesses can also make or break a no-contact claim. Passengers, other drivers, or bystanders who saw the incident can corroborate your version of events. Their statements can help prove that you didn’t lose control due to your own negligence, but rather reacted to someone else’s dangerous behavior.
Using Dash Cam or Surveillance Footage to Prove Fault
Video footage is one of the most powerful tools for proving fault in a swerve-to-avoid crash. A dash cam in your own vehicle—or a traffic camera nearby—can capture the other driver’s actions and support your claim that their behavior caused the crash.
If you don’t have a dash cam, local businesses near the accident scene may have exterior surveillance cameras. It’s important to act fast—many of these systems automatically overwrite footage after a few days. An attorney can help secure this evidence before it disappears.
Uninsured Motorist Coverage May Save Your Case
If the at-fault driver can’t be identified or fled the scene, your uninsured motorist (UM) coverage can often step in. This part of your policy covers injuries caused by unidentified or hit-and-run drivers, including phantom drivers in no-contact crashes.
UM claims can still be complex and sometimes contested by your own insurer. They may question whether another driver really caused the crash or argue that your actions were at fault. A skilled attorney can gather the necessary proof and fight back against bad-faith insurance tactics.
Building a Strong No-Contact Injury Claim
To build a successful claim, your legal team will need to show that another driver’s negligence caused you to take evasive action, resulting in injury and damages. Evidence such as photos, video, police reports, medical records, and witness statements can help tell the full story.
Timing matters. The sooner you report the incident, seek medical care, and consult an attorney, the better your chances of preserving evidence and protecting your rights. Waiting too long can weaken your claim or give insurers an excuse to deny or minimize it.
Legal Support Can Make All the Difference
Navigating a no-contact crash claim is not something most people are prepared for, especially while recovering from injury. Between complex insurance negotiations, gathering evidence, and interpreting Louisiana law, having the right legal guidance is essential.
An experienced car accident lawyer knows how to build compelling arguments, work with experts, and hold negligent drivers—or your insurer—accountable. Don’t assume you’re stuck with the bill because you didn’t collide with another car. You made the smart, safe choice to avoid a crash. Now it’s time to make the smart legal choice, too.
Also Read-Why Every Business Needs to Celebrate Employee Milestones