Determining liability in a no contact car accident can be difficult to assess if the other driver got away. However, in some cases, if necessary, a car accident attorney can get the assistance from a private investigator to find the other vehicle involved in the no contact crash.
That being said, it’s important to understand that California is a non-no fault and a comparative liability state. This means that a crash cannot be considered caused by the fault of no one, and someone will be found liable for the accident. This also means that liability for causing an accident can be shared - more than one party can be found liable for causing an accident.
In this case where another car might have contributed to causing you to swerve and crash, depending on the evidence, these are the partied that can be held liable for the accident:
- the other driver alone can be found liable
- you alone can be found liable
- you both can be found liable
Comparative liability depends on the degree of negligence or recklessness that each driver contributed to causing the accident. Some common examples of negligence or recklessness include:
- Distracted driving
- Aggressive driving
- Driving while impaired
- Driving under the influence
- Driving while sleep deprived
Who is held liable depends on the amount of evidence there is to prove this recklessness or negligent behavior.