Who Is Liable in a Miss-and-Run Accident?

 Posted on February 12, 2025 in Car Accidents

Many car accidents fall under categories like head-on, rear-end, and rollover. You are probably familiar with hit-and-run collisions when the at-fault driver flees the scene of the crash, but have you heard of a miss-and-run? This type of accident happens when a driver barely misses colliding with a pedestrian, vehicle, or stationary object, and that driver’s error causes an accident. Although the driver is not directly involved in the collision, he or she could be liable for causing it.

Miss-and-run accidents can happen for many reasons, but determining fault and liability can be challenging. Working with an experienced Springfield, IL personal injury attorney can simplify your claims process and result in the maximum available compensation for your damages.

What Are Miss-and-Run Collisions?

Suppose you are driving along I-55 in heavy traffic. A car getting on the highway suddenly speeds up and starts to merge into your lane directly in front of you; if you do not adjust your steering, you will hit it. To avoid crashing into it, you move to your left, only to hit a car on your left side. The driver who merged in front of you continues driving away, leaving you with injuries and vehicle damage.

The vehicle in front of you might also brake suddenly. Although you were not tailgating, you were forced to brake to avoid a collision. However, the driver behind you is distracted and rear-ends your car.

Another driver’s actions caused you to react, in an attempt to avoid their vehicle. He escaped unscathed, but you sustained injuries and are left wondering if you can file a compensation claim.

Is the Driver Who Caused Your Miss-and-Run Crash Liable for Your Damages?

Although the driver’s vehicle did not strike yours, liability still exists for the harm that resulted from his negligent driving errors. However, if that driver did not stop when your accident occurred, identifying and locating him can be challenging. Since there was no paint transfer between your vehicles, you may lack evidence proving fault.

• If possible, you should:

• Take a photo of the vehicle, including the license plate number and the driver.

• Write down the license plate number, along with a detailed description of the car and driver.

• Ask any witnesses if they captured details of the fleeing car.

• Describe the vehicle to the 911 dispatcher who answers your call reporting your accident.

You should also contact a skilled lawyer as soon as possible. We may be able to assist in finding the at-fault driver, and we can interview eyewitnesses thoroughly to preserve their accounts as supporting evidence.

How Can I Get Compensation if the At-Fault Driver Is Not Found?

If your car insurance policy includes uninsured/underinsured motorist coverage, you can file a claim with your own insurance company. However, if your damages exceed your UI/UIM coverage limits, the amount you could collect may not be enough to cover all of your accident-related losses. This kind of situation can be extremely complicated, so it is best to work with a local attorney who understands the applicable laws and can help you collect maximum damages.

Consult One of Our Knowledgeable Decatur, IL Miss-and-Run Accident Lawyers

At Kanoski Bresney, our determined Champaign, IL personal injury attorneys have extensive experience winning complex claims. Your initial case review is free of charge, so set up yours today online or by calling us at 888-826-8682.