One of the things that most people do not think about until they are directly impacted is that a claim or a court case for injuries and property damage generally requires a known negligent party. However, there are many times when there is a missing vehicle. This is referred to as a phantom car or phantom driver. It can happen in a situation where there is a hit and run, where the driver of the other vehicle realizes that he may have done something wrong and flees the scene. There are other cases where a person does not realize that he caused an accident, such as a situation where a rapid lane change causes another vehicle to brake and swerve, leading to a crash. The driver who executed the reckless action may never see the devastation in his rear-view mirror.
Anytime there is a car crash that leads to injuries, it is important to look at the causes of the accident and hold the responsible parties accountable. Although it is difficult to get the right results when there is a phantom driver involved in the accident, the accomplished Miami car accident lawyers at Greenberg, Stone & Urbano, P.A. will draw upon their 130 years of collective experience in order to obtain the best possible results for our clients.
If there is a situation where the phantom driver is deemed to be responsible for part or all of the accident, then there is an allocation of damages to that missing person. This means that there is a liability, but no party from which to recover. In situations like this, an accident victim can get compensated for his injuries if he has uninsured motorist (UIM) coverage, but if there is no UIM coverage then it is possible that a victim will not get the compensation that he deserves. There is a tactical element that goes into cases like this. It is possible that there are multiple parties that may have contributed to the accident, so an attorney can choose to raise a claim or bring an action against only one of the individuals that may have contributed to the harm that was suffered. However, if this resulted in no claim being submitted against the UIM coverage, then the victim could lose the right to recover from that source permanently.
There are investigative techniques that could be utilized to identify the phantom driver, including identifying all potential witnesses and searching for sources of information, such as traffic cameras and surveillance videos. One of the biggest factors in this type of case is time. It is important to get the right legal help working on behalf of the victim as soon as possible in order to discover evidence before it is lost or destroyed. This provides the opportunity to make a decision based on the various options available after dedicating resources to uncovering as much information as possible.
Greenberg, Stone & Urbano, P.A. Advocates on Behalf of Accident Victims
There are many struggles that an accident victim faces after a serious crash. However, if there are complicating factors such as a phantom vehicle, it is critical to have a law firm that has the experience to overcome obstacles. The South Florida truck accident law firm of Greenberg, Stone & Urbano, P.A. has spent more than 30 years advocating on behalf of accident victims, resulting in extensive experience and legal sophistication. We will investigate different options in order to arrive at the right legal strategy based on the unique situation of our client. We have earned a peer-reviewed AV rating from Martindale Hubbell, which is the highest rating that a firm can receive. Further, the Miami Herald has voted us one of South Florida’s top-rated law firms. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can discuss how we can get you the compensation that you deserve.