Miss-and-Run Accident: What is a “Phantom Driver”?

Have you been involved in a “miss-and-run” accident? Or an accident where another driver caused you to crash or ran you off the road? A miss-and-run accident is one of the most frustrating types of traffic collisions for both accident victims and personal injury lawyers. Typically, the scenario involves a single-vehicle accident where a driver loses control of their own vehicle while trying to avoid a collision with another vehicle. 

Even though a direct collision with another vehicle did not occur, the end-result is a collision with another vehicle or a fixed object, or a loss-of-control resulting in a vehicle going off the road and into a ditch or ravine. The “miss and run” can result in serious or catastrophic personal injury, or even death. 

If you do go try to claim a hit-and-run accident, yoru insurance may deny your claim, based on the fact that actual collision occurred with a hit-and-run driver. When you suffered very real, verifiable and serious injuries, this situation can be frustrating and financially debilitating. Reaching out to a personal injury lawyer right away can ensure all available evidence is recovered and the best possible outcome for your case is obtained. 

Is a Miss-and-Run the same as a Hit-and-Run?

On the surface, a miss-and-run looks like a single vehicle crash involving only your vehicle, or a crash with another vehicle, motorcyclist, pedestrian, or bicyclist.  But what really happened was the end result of a chain of events. Initially, another driver nearly caused a collision with you, and then you actually had a real collision, either with a fixed object or a third party. If a third party was involved, it is likely that they will blame you for causing the accident. This can be extremely frustrating, when you did everything you could to operate your vehicle safely. 

While miss and run accidents have parallels to a hit-and-run accident, there are also major, significant differences.  Without an actual impact and identified driver, recovering compensation for a miss-and-run accident can hinge on the “phantom driver” being located. You may be blamed for your own injuries, or the injuries or even deaths of others. 

What is a Phantom Driver?

A phantom driver is an unidentified driver that caused your collision – or contributed to you losing control of your vehicle. A phantom driver may or may not realize that they caused your accident. They are often (but not always) distracted and not paying attention. Sometimes, they are speeding or driving under the influence. A phantom driver may go on to cause another collision, or may not ever be identified. 

What If No Injuries Occurred?

A near-collision can be stressful and shocking. However, if a near-miss occurs and you do not lose control of your vehicle, there are no damages. In other words, if there is no damage – no injury or damage to vehicles – there typically cannot be a claim. If a miss-and-run led to you losing control of your vehicle and becoming injured, you may be able to claim damages for 

What to Do Following a Miss and Run Accident

If you are involved in a “miss and run” accident which led to serious injury to yourself or a family member, or the death of a loved one, you should make every effort to identify the vehicle and driver involved. Gather as much information as you can. The first thing you should do is note the specific location and time of the collision or event. Depending on the accident location and circumstances involved, it may be possible to identify the vehicle based on surveillance footage. If the crash occurred on a toll road or in a parking lot, surveillance footage may be available. It is also possible that a witness observed the event, and can identify the vehicle involved. 

As soon as possible, you should call the police and give as many details about the event as possible. Even just a portion of the license plate number can be helpful in identifying a driver. Try to remember identifying details such as damage, bumper stickers, or out of state license plates. It is also possible that the driver will go on to cause other collisions. 

Contact a Personal Injury Lawyer Immediately

Time is of the essence to preserve evidence in any collision, but particularly when another party to the crash is not identified. If you are injured in a miss and run crash, you should treat the event as any other collision. Report the accident to law enforcement, gather as much evidence as you can, and seek medical treatment for your injuries. Going to the hospital emergency room or urgent care will create a record of your injuries. Notify your insurance company as you would any other collision. 

Contact the Law Offices of Samer Habbas & Associates at 949-438-5829 to discuss your case. A skilled and experienced California personal injury lawyer at our firm can help you determine if you may be able to to recover compensation for a near miss accident. We are available seven days a week to take your call and answer your questions.