Every driver’s worst nightmare is facing a split-second decision that could make the difference between a near-miss and a catastrophic collision. The Sunshine State, with its bustling roads and diverse traffic, presents a unique set of challenges when determining fault in accidents involving sudden swerves. While whether you are at fault for a collision caused by swerving depends on the circumstances of your case and Florida’s modified comparative fault rule, an experienced attorney can help you untangle this web of legal complexities and fight for justice on your behalf.
If you hit another car after swerving to avoid an accident, it is in your best interests to contact an experienced attorney without delay. At Marsalisi Law, our renowned attorney, Frank P. Marsalisi, has extensive experience handling intricate car accident cases and is ready to apply his wealth of knowledge and skills to your unique case. He takes a personalized approach to every case and will do everything in his power to fight for the monetary compensation you need to heal and recover.
What Will Happen to My Claim if I Swerved to Avoid a Crash but Hit Another Car?
Following the accident, the driver of the car you swerved to avoid may have stopped to render aid and exchange insurance information. Unfortunately, not all drivers remain at the scene, even if they may be at least partially responsible for what occurred. When the driver responsible for the accident did not physically hit another vehicle, the collision is called a no-contact accident. If the driver fails to remain at the accident scene and their identity is unknown, they are known as a phantom driver. Cases involving no-contact accidents and phantom drivers can be understandably complex. However, it may still be possible to recover monetary compensation with the help of an experienced car accident attorney.
During your case, the court will consider several factors to determine each party’s percentage of fault. Florida follows a modified comparative negligence rule, meaning if you were less than 51% responsible for the collision, you may recover damages relative to your level of fault. For instance, if the driver who stopped suddenly, causing you to swerve, is found to be 80% responsible for the collision and you are found to be 20% responsible, you would still be eligible to recover 80% of the total possible damages for your injuries and other losses.
Can I Recover Monetary Compensation if the Other Driver Cannot Be Found?
If the driver you swerved to avoid fled the accident scene, pursuing a personal injury claim for damages may be challenging. Fortunately, Florida is a no-fault state, and you will likely be able to seek compensation through your own insurance company. The minimum amount of coverage for Personal Injury Protection is $10,000. If your damages exceed this amount, you may not be able to secure additional monetary compensation until the driver is found or if you have uninsured motorist coverage under your own insurance policy.
An experienced attorney can investigate your case to collect evidence and work to establish the at-fault driver’s identity. A few pieces of evidence your attorney may use include the following:
- Photos of the scene of the accident;
- Traffic and dash cam footage;
- Witness testimonies;
- The police report documenting the collision.
When you partner with our attorney, he will do everything he can to help you recover the monetary compensation you deserve.
Discuss Your Case With a Highly-Qualified Car Accident Attorney at Marsalisi Law
At Marsalisi Law, we are committed to helping accident victims protect their rights and interests. Our attorney, Frank P. Marsalisi, is fluent in both English and Spanish and is prepared to fight aggressively to protect your rights and interests. When you choose our firm, you can rest assured your case is in the capable hands of a seasoned legal professional.