Reviewed By: Personal Injury Team Last Updated: June 29, 2026
In 2021, the South Carolina Department of Public Safety reported in their Traffic Collision Fact Book that a traffic collision occurred every 3.6 minutes.
The 194-page report revealed key insights into car accidents in South Carolina, but it doesn’t outline what happens when another vehicle is responsible for your collision but never directly collides with you.
Can the negligent actions of another driver be responsible for your accident? Is compensation possible against another driver who never even made contact with your vehicle?
These situations can be complicated to navigate alone, but our car accident lawyers are here to help. Keep reading as we help you understand liability in a non-collision accident and what to do in the event of the unimaginable.
Understanding Negligence
When we think of a car accident, we tend to think of a fender bender or a similar scenario involving multiple vehicles colliding. While collisions can clearly outline who’s at fault, not every situation will be so well defined.
To understand liability in a car accident, it’s important first to understand the laws of negligence in South Carolina.
South Carolina operates under comparative negligence, a system in which fault can be divided amongst the parties involved depending on negligence or reckless driving circumstances.
Examples of negligence behind the wheel may include:
- Following too closely to a vehicle
- Failing to accommodate driving actions to the weather (i.e., maintaining speed limit in heavy rainfall)
- Driving under the influence
- Road rage
- Failing to follow traffic laws
- Distracted driving
- Neglecting vehicle maintenance
It’s important to note South Carolina operates under the 51% rule. This states that you can only recover damages in a personal injury claim if your share of the fault is 50% or less.
Can Another Driver Be Held Liable for a Non-Collision Accident?
What happens when a driver fails to adhere to traffic laws, such as running a red light and causing you to swerve into a roadside barrier or off the road altogether to avoid a collision? Is it possible for the other driver to be held liable even though a direct collision was not present?
Yes.
There is no law dictating that a vehicle-on-vehicle collision had to be present to file a car accident claim. However, you will need to ensure the following elements are met to file a claim:
- The other driver had a duty of safety to drivers and pedestrians surrounding them
- The driver’s negligence directly caused the accident or non-collision incident
- The accident directly resulted in physical damages (i.e., broken ankle, brain injury, etc.)
These elements are much simpler to prove if two cars collide on the roadway, as the location of the damage and the severity can offer invaluable evidence into how an accident happened and who was at fault, among other details. When damage exists to your car and yours alone, showcasing the events leading up to the accident can be challenging.
When an accident occurs due to the negligent actions of another driver, our team can help. Having an experienced car accident lawyer on your side can help make light of a challenging and often overwhelming situation, gathering the necessary evidence to make your claim and navigating the legal complexities in comparative negligence cases.
What to Do After an Accident
In an accident that did not result in a direct collision with another driver, it’s important to understand what to do next.
1. Identify Injuries and Document the Scene
It’s critical to document the scene and take note of the circumstances surrounding the accident. S.C. Code Ann. 38-77-170 states to make a claim against a phantom driver, there needs to be evidence of physical contact or a witness who signs an affidavit confirming the events of the accident are true.
In this case, a witness will be the most helpful for the authorities to best understand how the phantom driver’s actions caused the accident.
In addition to gathering witness accounts, document the road conditions, any details on their vehicle’s make and model, and whether or not the driver appeared distraction or on their phone, for example.
Take the time to check in with yourself and identify any injuries. If your head hit the steering wheel on impact, it is crucial to seek medical attention as soon as possible to rule out any traumatic brain injuries or other issues lying dormant under the surface.
2. Contact Law Enforcement Officials
Under this statute, contacting law enforcement is not just vital, but required.
Law enforcement must be contacted within a reasonable period of time. Failing to do this prevents your claim from being considered. If a driver’s negligence was behind your non-collision accident, having a record of the incident is critical to your car accident claim.
3. Seek Medical Attention
While it may seem unnecessary to visit a medical professional, it is an essential step in your car accident claim and health. Seeking medical attention can help provide a timeline of events, connecting any latent injuries to your car accident and allowing you to seek compensation in the aftermath of the incident.
In addition, some injuries can quickly go unnoticed or arise hours to even days after the accident. Visiting a medical professional immediately following the accident can provide peace of mind to your overall well-being and address any underlying concerns or injuries that may be present.
4. Notify Your Insurance Company
If your accident involved damage to your vehicle, an injury, or an incident where the other party fled the scene, it’s important to notify your insurance company.
As mentioned above, S.C. Code Ann. 38-77-170 states that to make an insurance claim against a phantom driver, there needs to be evidence of physical contact from an unidentified vehicle or a witness who signs an affidavit confirming the events of the accident are true.
Your insurance company will be able to review your documented evidence, gather their own relevant details about the incident, and help you navigate what happens next with the claims process.
5. Contact a Car Accident Attorney
An accident involving another driver who did not directly crash into your vehicle can be a tricky scenario – particularly if the other driver leaves the scene or displays negligence that led to the accident.
By contacting one of our car accident lawyers near you, we can speak to the insurance company on your behalf, navigate the claims process, and gather evidence to help support you in your claim.
If Another Vehicle Caused You to Hit Something or Someone, Leave it to Hoffman Law Firm
If another vehicle caused you to hit another car or object, this incident of a “phantom driver” can be challenging to prove and even more difficult in seeking compensation.
But that’s why we recommend you leave it to Hoffman.
As the leading personal injury law firm in Charleston, SC, our team of qualified attorneys is experienced in various car accident claims and cases.
Located in Georgetown and Charleston, SC, our personal injury law firm proudly advocates for accident victims throughout the Palmetto State. As the locals’ trusted personal injury law firm, we have extensive experience handling various cases.
We have established a reputation for success and excellent service! To meet with a member of our team, schedule your free consultation today. We are here to help!
Sources
- S.C. Code § 38-77-170 – Uninsured Motorist Unknown Driver Conditions: The crucial South Carolina statute governing “phantom driver” claims, explicitly detailing the three legal pathways (physical contact, a signed non-party witness affidavit, or clear electronic video recording) required to pursue recovery when a negligent driver causes a crash without making contact.
- South Carolina Department of Public Safety (SCDPS) Traffic Collision Statistics: Data verified by the state’s structural tracking networks confirming baseline traffic incidence rates, primary driver contributing factors, and statistical crash frequencies across regional highways.
- S.C. Code § 15-33-135 – Modified Comparative Negligence: The legislative framework establishing South Carolina’s 51% fault threshold bar, which allows an injured driver to collect damages from a negligent third party only if their own allocation of fault does not exceed 50%.
Learn More About Car Accident Claims in Charleston
- What specific documentation do you need to secure after an interstate wreck? Review our step-by-step roadmap on How to Read and Request a South Carolina Traffic Collision Report (Form FR-309).
- Unsure how traffic citations or points protect your civil claim timeline? Learn how moving violations factor into fault determinations in our overview of the South Carolina Driver License Point System and Suspensions.
- Ready to have a local professional draft a phantom driver affidavit? Speak with experienced local injury law & trial lawyers at Hoffman Law Firm. We offer a client-first approach, so learn how our Contingency Fee Structure ($0 Upfront Fee) works—meaning you pay absolutely nothing unless we successfully win your case. Free consultation available.
