A phantom driver is a hit and run driver, or one who causes a cascading series of crashes and is oblivious to the harm and damage caused to other vehicles and their occupants. A typical scenario is when a driver drifts over into another lane in front of an approaching vehicle already in that lane.
The second driver swerves to miss the first vehicle and in doing so crashes into a third vehicle. Meanwhile, the first driver, the phantom, carries on regardless. It can be hard to identify phantom drivers, but if their identity can be discovered you may be able to file a claim against them for any damage done to your car and injuries that you have suffered.
Damages Due to a Phantom Driver Accident
Phantom drivers by their very description have behaved in a negligent manner. If negligence can be proven, then there is a case for a personal injury claim against them.
Damages sought would be for the cost of repairing your own vehicle, medical costs, lost earnings and an amount for pain and suffering. It is likely that punitive damages would also be recommended by a lawyer if the phantom driver had demonstrated extreme negligence.
What You Could do at the Site of the Accident
Any high speed crash on a busy highway could cause significant damage to vehicles involved and serious injuries. Here is what you should do at the scene of the accident if you are able to:
- The first priority is to make an emergency call and ask for an ambulance and police.
- There may be actions that you can take in the middle of the highway that can prevent further accidents and injuries while waiting for emergency personnel to arrive.
- While waiting, you should exchange details with any other drivers involved.
- Assuming that the phantom driver did not stop, much will depend on someone registering their number plate or remembering the details of the vehicle.
- Talk to anyone who stops at the crash site. They may be able to act as witnesses if you are able to file a claim later after the phantom driver is found.
- If you have a camera or a cell phone with an inbuilt camera app, take photos at the scene of the crash.
- Police will compile an accident report and it is important to find out how to get a copy of it later after the accident.
What Should Be Done After Leaving the Accident
Once you leave the accident, there are still steps you will need to take to make sure you have all the correct evidence for a claim.
- Make sure that you attend to any injuries caused by the crash, even if they seem minor.
- Obtain any evidence that describes your injuries and treatment provided.
- You will also need to keep invoices and receipts for medical treatment and repairs for your vehicle.
- You should notify your insurer and provide details about the accident.
- If the phantom driver is not found, you may have taken out insurance to cover you in the event of being hit by a hit and run driver. You may have to rely on this insurance.
Why You Should Contact a Lawyer
Phantom driver accidents are some of the most difficult accidents to deal with. You should talk to a personal injury lawyer about the accident and keep the lawyer informed about progress in finding the phantom driver.
The attorney will have dealt with cases like yours before and, based on experience, provide an opinion about your legal options. Use the Free Case Evaluation Form available below to help you choose a suitable lawyer.
