A “no contact” motorcycle accident occurs when a motor vehicle indirectly causes a motorcyclist to crash, without colliding into them. In most cases, it is the driver’s negligent behavior that results in this type of accident. This could happen, for example, if a car suddenly changes lanes and cuts off a motorcycle; in effect, causing the rider to perform a dangerous maneuver to avoid a collision.
While the reckless driver may attempt to avoid responsibility for this type of accident and the resulting injuries, their degree of negligence can be determined by an insurance company or the court. If they are found liable, the motorcyclist may be entitled to compensation. Speak to an experienced Houston motorcycle accident attorney to learn more about your legal options.
Establishing Liability after a No Contact Motorcycle Accident
All no contact motorcycle accidents are unique, and require a legal investigation to establish liability. The basis of the claim is whether the driver was negligent, which means they did not exercise reasonable care that other drivers would have applied in a similar situation. Drivers must follow the rules of the road, including being aware of what is going on around them. If the driver causes an accident by failing to notice or see a motorcycle, they will most likely be found negligent.
Proving negligence will require evidence. Hiring a lawyer can ease the stress of validating your claim, especially if you are still recovering from injuries. They will conduct their own investigation and gather police reports, eyewitness accounts, your medical records, as well as hire experts to testify on your behalf regarding the driver’s required standard of care. The courts, or an insurance company, will look at both parties to determine each side’s degree of liability.
An alternative scenario is a driver who doesn’t realize they caused an accident and continues to drive away. Unless the motorcyclist can catch the vehicle’s license plate or even a description, it may be hard to locate the at-fault party. In those cases, the police will treat it similar to a hit and run and will work to find the driver. That can take weeks or even months, leaving an injured motorcyclist without compensation. In these instances, the rider would rely on their own insurance to help cover the costs of medical bills and property damage. If the driver is eventually found, the motorcycle rider can then file a lawsuit against that driver.
Most Common Causes of No Contact Motorcycle Accidents
There are several ways that drivers can cause a no contact accident with a motorcycle, including:
- Failing to notice motorcycles riding close to them
- Violating traffic laws, such as failing to yield the right of way, speeding, running red lights, etc.
- Driving distracted
- Failing to signal or a sudden lane change
- Failing to check blind spots
- Reckless driving
- Road rage
Contact the Milano Legal Group PLLC for Help
Our team can help no contact motorcycle accident victims pursue legal options to obtain the compensation they desperately need. Call us today at (713) 489-4270 or contact us online to set up a free case evaluation.