When riding a motorcycle, you must be on the lookout for drivers - because they are often not looking out for you. Unfortunately, that may mean swerving to avoid a collision and being involved in a serious accident. But, if you are avoiding an accident due to another driver’s negligence, you may have a personal injury case - regardless of whether your motorcycle physically contacted their vehicle. These are referred to as no-contact accidents and they are quite common with motorcycles.
Proving fault in a no-contact motorcycle accident is critical and will often determine if you can collect compensation for your injuries.
Proving Negligence and Fault
In a no-contact motorcycle accident, you still need to prove that the other driver was negligent and their negligence is what led to your accident. That means that the other driver did not exercise a reasonable level of care for other people on the road - including motorcycles. To prove their negligence, you would compare the at-fault driver to the reasonable person standard.
The standard is not necessarily written in the state statute; instead, it is an implied standard of care that reasonable people would use in similar situations. For example, a reasonable person would look before changing lanes. If that driver failed to look for vehicles or motorcycles before changing lanes and ran your bike off the road, they were acting negligently. The same goes for drivers that talk or text while driving.
Assessing the Driver’s Responsibilities in Your Accident
A driver must obey the traffic laws and be aware of their surroundings. They must be on the lookout for motorcycles, pedestrians, traffic controls, etc. If the driver fails to see or notice things that are in plain sight, they are likely to be found negligent by the courts.
Holding the Driver Responsible
No-contact motorcycle accidents do have one common issue: the driver may be unavailable at the scene. This isn’t because they purposely did a hit-and-run, but often these drivers are unaware that they even caused an accident; therefore, they do not stop at the scene. If your accident is a no-contact, and the driver has left the scene, the only way to hold them accountable is to locate the driver. If you have a description of the vehicle or plate number (even partial), police may be able to use that to locate the driver. If the driver is never found, your own insurance coverage will pay for the property damage and medical costs.
If the driver is later discovered, you can then seek compensation for your injuries and losses.
Contact an Attorney for Your No-Contact Motorcycle Accident
Motorcycle accidents often lead to more serious injuries and higher costs. If you have been injured in a no-contact motorcycle accident with another vehicle, contact the personal injury team at The Law Offices of Kevin J. Roach, LLC today. We can assist you with holding the other driver accountable for their actions and seeking compensation for your losses. Call us at 866-519-0085 to schedule a free consultation or fill out an online contact form with your questions.