Can I recover even if the motorist never hit me?

This is an extremely difficult case to prove and will definitely require the services of an experienced personal injury attorney.

In order to hold a motorist liable for damages suffered by you in an accident when the motorist did not hit you, you will have to prove that the motorist caused the accident even if he wasn’t involved in the accident. For example, if you were riding on the shoulder of the road and the motorist suddenly swerved onto the shoulder and was coming directly at you, you may have taken evasive action, such as crashing into the ditch, to avoid being hit. In that case, you may be able to sue the motorist for causing your injuries even though he did not hit you.

Of course, one of the most difficult issues in these types of cases is finding the motorist who caused the accident. Frequently the motorist is either unaware that he caused an accident or decides to leave the scene since there is no “proof” of his involvement as there would be in an accident involving contact. If you are able to get a license number and description of the driver, either from your own recollection or from witnesses to the occurrence, you have the best shot at identifying the motorist involved. You will, in most cases, need more than a license number, however, as a common defense will be that the vehicle was used by multiple people and nobody can “remember” who was driving it at the time of the accident.

Consult with an experienced attorney as soon as possible to discuss whether you have a case against the motorist, what types of damages you can expect to receive, and what proof you will need to proceed with the case.

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