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Who Is At Fault in a No-Contact Motorcycle Accident?

Posted in Motorcycle Accidents

When someone else’s negligence causes a motorcyclist to crash, the motorcyclist should rightfully have the ability to pursue compensation against the at-fault driver. But what happens if there wasn’t an actual collision but the motorcyclist is still hurt? Well, you may still be able to hold the negligent driver responsible for your injuries, but it will likely be more difficult than a case that involved contact. You can contact the Fine Law Firm at (505) 889-3463 to arrange a free consultation.

What Is a No-Contact Motorcycle Accident?

Motorcyclists are acutely aware of the risks of crashing, but most motorists assume that accidents will involve contact with another motorist. However, motorcyclists are much more likely to get into a crash than other vehicles because of the relative instability of a bike. A biker may try to veer away from danger to avoid a crash and still wind up on the ground.

Some scenarios that could result in a no-contact motorcycle accident include:

  • A motorist switches lanes without checking their blind spots and the motorcyclist jerks to the side to avoid a collision and crashes to the ground.
  • A motorist turns left in front of a motorcyclist who quickly brakes and is ejected from the motorcycle.
  • A motorist is speeding around a tight corner and almost runs over the motorcyclist, who serves, loses control of the bike, and crashes.
  • A motorist and motorcyclist are at an intersection. The motorcyclist has a green light and proceeds forward while the motorist tries to beat a red light, nearly hitting the biker in the process. The biker swerves to avoid a collision but crashes the bike in the process.
  • A drunk driver almost hits a motorcyclist but the motorcyclist lays down their bike to avoid a worse crash.

These no-contact scenarios could force a motorcyclist to react and crash.

Motorcycles Caused by Negligence

The test to recover compensation in a motorcycle accident is whether the other driver was negligent.  Negligence arises when a motorist fails to exercise reasonable care and harms another person. Reasonable care is the type of behavior that a reasonable person would have exhibited under the circumstances. A reasonable person obeys traffic laws and tries to avoid causing accidents.

If the other motorist was negligent, they could be responsible for paying for your damages, which may include:

  • Medical bills for now and in the future
  • Lost wages
  • Property damage
  • Pain and suffering

Who Is Responsible for a No-Contact Motorcycle Accident?

Like with other types of motor vehicle accidents, the person responsible for resulting damages is the one whose negligence led to the accident. The legal issue is not really whether there was contact between the two vehicles but instead whether one or both motorists acted negligently.

However, some motorcycle accidents may occur when there is only one vehicle involved. Motorcycle accidents can be caused in these one-vehicle crashes because of factors such as:

  • Poor road design
  • Vehicle defects
  • Unmaintained roadways
  • Defective traffic devices

In these types of situations, another party may still be responsible for the accident, such as the governmental entity responsible for designing or maintaining the roadway or a product manufacturer.

A knowledgeable lawyer can review the circumstances and determine if you have a viable claim against another party.

Contact an Experienced Motorcycle Accident Lawyer

If you or a loved one was injured in a motorcycle accident, we can help. the Fine Law Firm can investigate your accident, determine all potentially liable parties, and fight for the compensation you deserve. Contact us at (505) 889-3463 for your free case review.