Auto accidents happen every day. Often, crashes are caused by another driver. If that driver’s car doesn’t come into contact with your vehicle, they are referred to as phantom drivers. If you have been driven off the road by another driver, you have likely suffered damages.
These crashes could cause life-altering injuries and the cost of the damages could mount quickly. You will want to file a personal injury claim against the at-fault driver to recoup compensation for the damages you suffered.
You will need to show that another car drove you off the road and that the crash was caused by negligence. All four elements of negligence must be proven. That means showing that the other driver owed you a duty or a responsibility, that the duty was breached, that the breach of duty caused the accident, and that the accident was the direct cause of your damages.
Evidence To Help Support Your Claim For Being Driven Off the Road
If you have been driven off the road, you will need supporting evidence and documentation to back up your personal injury claim. You should call the police and make sure an accident report is filed. That accident report will serve as the foundation of your personal injury claim. Photos of the accident scene and of the damages will also be helpful for your personal injury claim.
Get written repair estimates for fixing the damage to your vehicle. You should also maintain medical bills, medical records, documentation that shows you missed work and lost wages, statements from any witnesses to the crash, and any other information that shows the losses you suffered because of the crash.
You will need to itemize your damages by sending a demand letter to the at-fault driver and/or their auto insurance. The itemized losses should be added up for the total amount of the settlement that you are asking to cover your losses.
How a Lawyer Could Help You Win Your Personal Injury Claim
If you have suffered damages because you were driven off the road, you may want to enlist the help of a personal injury attorney. An accident injury lawyer has strong negotiation skills and will be able to work with the insurance and the at-fault driver to try to negotiate a settlement. If a settlement isn’t reached, your lawyer will file a lawsuit and represent you in court.
Personal injury lawyers work on a contingency basis, which means that they will not require payment upfront. Your attorney will not get paid until you win your case and you recover compensation for the damages you suffered when you were driven off the road.
There is a statute of limitations, or a limited time, for pursuing a personal injury claim after a car crash. If you miss the deadline, you cannot recoup compensation for your damages. Don’t wait until it is too late to pursue your claim, complete the Free Case Evaluation Form on this page to share the details with a lawyer that is able to take cases in your area.