'No Contact' Car Accidents in San Antonio: Establishing Fault Without a Direct Collision

Not all accidents result in impact with the at-fault party’s vehicle. In some San Antonio cases, the victim swerves off the road or gets into a collision while trying to avoid the other party. In these “no-contact” car accidents, the court does not absolve the at-fault party of liability. However, it can be more challenging for your Texas lawyer to prove negligence and hold the person responsible for injuries.

The San Antonio personal injury lawyers at Carabin Shaw have decades of experience in personal injury law and know how to hold at-fault parties accountable for negligence. We offer our services on a contingency-fee basis so that you can avoid upfront legal fees; we are only paid if our clients do. In addition, we offer a free case review, so you can determine if you should file a claim with no financial obligations. Read Carabin Shaw’s client reviews to find out how our attorneys help our fellow Texans get the compensation they deserve after a car accident.

No-contact collisions happen when another party’s reckless or negligent driving causes another party to veer off the road, into another lane of traffic, or somehow causes the victim to get into a wreck. They can occur when another party swerves out of their lane, tailgates, or brakes suddenly. Without contact with another vehicle, it can be difficult to know how to prove fault in a no-contact car accident.

Witnesses are a primary factor in no-contact collisions, as they can shed light on traffic conditions and the at-fault party’s actions from an unbiased perspective. In addition to witness testimony, your lawyer may use:

• Traffic cameras
• Dash cam footage
• CCTV video
• Physical evidence at the scene
• Police reports
• Vehicle data recorders

Each piece of evidence becomes part of a puzzle for the court, so they can determine whether the defendant caused the accident. The law does not require contact with the defendant’s vehicle for them to be at fault. Instead, fault is dependent upon your Central Texas attorney establishing negligence.

No part of negligence requires a direct collision. To prove negligence, car accident lawyers in San Antonio TX must prove that:

• The at-fault party had a duty of care because the foreseeable harm was present.
• The person or entity breached their duty of care.
• Harm occurred.
• The breach of duty caused harm (proximate cause).
• Without the breach of duty, the harm would not have occurred (in-fact cause).

The above requires the court to consider a party at-fault and therefore liable for damages. A San Antonio car wreck attorney will collect evidence and argue that these elements exist to prove liability.

The things an accident victim should do in a no-contact car accident are similar to those in a contact accident. General recommendations include:

• Seeking safety first. Ensure you and your vehicle are out of traffic to avoid additional accidents.
• Call the police. Especially in a no-contact accident, a San Antonio, Texas police report may document details that a victim may fail to recall later.
• Get medical care. Even if you don’t think you need it, many accidents cause injuries that aren’t apparent for days without a professional evaluation.
• Gather evidence: Anything you can collect at the scene, including the contact information of witnesses, will help you and your lawyer in a personal injury case.
• Contact your insurance company: Filing a claim with your insurance company ensures you begin the claims process, so you can get your vehicle fixed as soon as possible.

With a legal team, you can collect the evidence necessary to establish fault in a no-contact car accident. At Carabin Shaw, we pride ourselves on delivering the best legal advice in the San Antonio region, and we can help you successfully navigate the legal process. This ensures ample compensation to cover your financial and non-financial losses.

Call Carabin Shaw toll-free at 1-800-862-1260. We have someone available to speak with you 24/7, and we have English—AND Spanish-speaking staff.

For more information:

• Cause
• Were you in a wreck? Tips for auto insurance claims
• Chapter 41. Damages