No Contact motorcycle accidents occur when a motor vehicle driver causes a motorcyclist to crash without colliding with them. This happens more often than you would think and is generally tough to prosecute. In most cases, the motor vehicle driver’s negligence is what causes the accident. This can happen in many different ways, most commonly when the car driver cuts of a motorcycle rider in a sudden lane change, causing the motorcycle to lose control and crash.
With no contact motorcycle accidents, the driver of the car could still be held liable for the damages. They key is building a strong case to prove their negligence was the main reason for the accident.
Negligence and Motorcycle Accidents
A general definition of negligence is the failure to exercise reasonable care. In most cases, this failure might end up causing harm to someone. In this case, the negligent person could be held liable for the injuries sustained by the other party including medical bills, damage to property, pain and suffering, and additional damages resulting from the incident.
In order to be able to determine negligence on someone’s part, the jury (or insurance company) would be obligated to examine any and all of the details relating to the incident. Since negligence is based on what’s legally referred to as the “reasonable person” standard, it would have to be proven that the negligent party has taken actions that a reasonable person would not given the same circumstances.
When it comes to motorcycle accidents, every single driver on the road has a duty to obey traffic laws and always be wary and vigilant of their surroundings. Whether it was looking for obstacles on the road, dodging other vehicles or pedestrians, or driving under bad weather conditions, the driver must have a duty of care to people around them.
Causes of No-Contact Motorcycle Accidents
Because of the nature of motorcycles, riders are at a higher risk for accidents in general. Aside from trying to maintain speed and balance to remain upright, motorcyclists need to be extra aware of their surroundings and be ready for the unexpected. The issue is, any sudden change of direction or speed could very easily cause a motorcycle to crash. This is often the top cause for a no-contact motorcycle accident.
How to Prove Liability in a No-Contact Motorcycle Accident
A person injured in a motorcycle accident may be able to receive compensation for their damages by filing a personal injury claim. While the upside is huge, filing a personal injury claim would require a burden of proof to be presented. The motorcycle rider that was injured must be able to prove the negligence and fault of the driver through the examination of all the evidence.
To be able to prove a driver’s failure to exercise reasonable care, the motorcycle rider must rely on evidence including eyewitnesses, police reports, and testimony from experts. This will establish the standard of care based on the situation and help prove the liability in the case. It must be proven by the plaintiff or their attorney that a reasonable driver would have reacted differently in the same circumstances, thus avoiding the accident.
This is exacerbated by the fact that many drivers that cause a no-contact accident end up fleeing the scene to avert the authorities, or in some cases, completely by mistake if they had no idea they caused the accident.
Having a motorcycle accident attorney by your side would increase your chances of winning while taking the burden of proof away from you. An experienced attorney would know how to identify the root cause of the accident, collect the needed evidence, and communicate with insurance adjusters and the court to demonstrate the driver’s responsibility in the accident.