If a driver’s negligence has caused you to crash your motorcycle, you have been involved in a no-contact motorcycle accident. If you are riding your bike and a car cuts you off, so you end up laying your bike down to avoid a collision, the driver of the car can be held liable even if their car didn’t hit your bike.
Just like the situation with any other accident, the key is proving that the other driver was negligent and that caused your crash. Negligence is the failure to exercise reasonable care. When a driver’s failure in that area causes an accident that harms someone else, then the negligent party can be held liable for all the damages, such as medical bills, property damages, lost wages, pain and suffering, and so forth.
The Basis of Negligence
Negligence is based on what is called the “reasonable person standard.” This means that the driver has failed to exercise reasonable care. When reasonable care is not exercised, the driver has acted negligently and is responsible for the damages that resulted. That means if someone who is considered a “reasonable person” would have acted in a certain way, and the driver fails to take that same action, he or she is negligent.
It can also be vice versa, if the driver took action that a reasonable person would not have taken, then he or she is also negligent if it leads to damages. All circumstances surrounding an accident and someone’s actions are reviewed when determining if negligence is involved.
Regarding a Motorcycle Crash
If there has been a motorcycle crash involving a no-contact vehicle, there are several things considered. All drivers must obey traffic laws. That means they must notice what is around them, then they must properly respond to their surroundings. Drivers must be vigilant and watching for obstacles, other vehicles, debris, pedestrians, inclement weather, and so forth.
As an example, you were riding your bike in the same direction as a car, but in different lanes, down a two-lane street. The car pulls ahead of you and quickly switches lanes without giving you any warning and doesn’t signal. You swerve, lose control of your bike, and then you crash. The car travels on. While there was no contact with the car, most likely the driver of the car will be considered liable for your damages.
A Different Variation of a No-Contact Motorcycle Crash
There could be a no-contact motorcycle crash where the rider of the bike is at fault. As an example, you are riding along behind a pickup truck. The pickup truck starts slowing down, but you fail to notice it. You swerve and lay the bike down to avoid a crash. In this instance, you are at fault just like a rear-end collision. This is because you were following too closely or not being attentive enough to avoid the crash.
Consult With A Personal Injury Attorney
If you have been involved in a no-contact motorcycle accident, schedule a free case evaluation with a personal injury attorney today! An attorney can help you get your personal injury claim on track.
