Motorcyclists often face situations in which other drivers’ actions force them to maneuver to avoid a collision. This can be swerving into your lane, making a turn across your path, or any number of other dangerous actions. When you’re able to safely move out of the way or stop in time, you may be annoyed, but you’ll move on with your day. The problem is when the other driver’s actions cause you to hit a different vehicle or wipeout.
Serious injuries can occur
Injury from a no-contact accident can be just as serious as if there had been a collision. Riders can suffer burns, soft tissue injuries, traumatic brain injuries, fractures, spine and back injuries, among other types of injuries. Medical bills, lost wages and damage to the motorcycle can add up fast. The question is, can another driver be held responsible for your injuries if there was no contact between his vehicle and yours?
Identifying the responsible party
One of the most challenging aspects of a no-contact case is identifying the negligent driver. In some cases, a distracted driver may not even realize what happened and will leave the scene. In other cases, they may see what happen, but believe it has nothing to do with them. Unfortunately, if you are unable to identify the vehicle, then your only hope is that there were witnesses to the accident who took down the license plate.
If the driver does stop, ask him or her to remain at the scene until the police arrive. When speaking to the officer, ask him or her to include the other driver’s information. Some police officers may hesitate to do so since the other vehicle never made contact with yours, but it’s important to have the information there.
Similar to a normal crash, the at-fault party is generally the one that was acting negligently. Negligence can be shown in several ways, some of the more common are using a handheld phone or texting while driving, speeding, or driving under the influence of alcohol or drugs. Your own behavior will also be a factor. For example, were you lane splitting or traveling in the car’s blind spot?
What to do if you were injured because of someone else’s negligence
Liability in a case involving a no-contact motorcycle accident can be difficult to prove. It will take more than your own testimony to determine who was responsible for the accident. The other driver will likely be represented by insurance company lawyers whose goal is to avoid taking responsibility. In a complex case such as this, having an experienced personal injury lawyer working for you is vital.
I’m here to help
I have been helping my neighbors in Putnam County for over 40 years and I have been a motorcycle rider for over 50 years. I know the law and I know what it takes to win fair compensation for my clients. If you’ve been seriously injured, contact me for a free consultation.
One last thing, take a second to read and share my post with motorcycle safety tips for motorists. The more awareness we can create, the safer we will all be when riding.