No-contact motorcycle accidents are a common way that bikers can be injured as a result of another driver. These types of accidents occur when a biker maneuvers to avoid crashing with another individual or to a passenger riding on a bike. The driver that causes the biker to maneuver can be held liable for a biker’s injuries and property damage so long as the biker can prove that the driver is at fault. In the case of a passenger, if the operator is reckless he/she may be found to be at fault for the passengers injuries.
The first factor that must be determined in a non-contact motorcycle accident is whether the driver was negligent. The basis of a no-contact motorcycle accident claim is negligence, and the plaintiff will have to prove negligence in order to establish their claim. Negligence means that the driver did not exercise reasonable care or follow reasonable standards that other similarly situated drivers would have applied under similar circumstances. In these types of situations, a reasonable person would not take any action that would cause an accident. For instance, where a driver is texting and swerves into another lane, without realizing that a motorcycle is in that lane, and runs the biker off the road, that driver is acting negligently.
There are many ways that drivers can prevent no-contact motorcycle accidents from occurring. First, drivers should be aware of any bikers that are riding close to them. It is not uncommon for bikers to go unnoticed, especially where a driver is not paying full attention to their surroundings. Unfortunately, many drivers do not even realize when they cause a no-contact accident because they never see the biker or the accident occur. Second, drivers should obey all traffic laws, especially by following the speed limit and paying attention when yielding to the right of way. It goes without saying that drivers should maintain their full attention to the roadway, and avoid texting and using their cell phone while driving.
Sometimes, it is difficult to hold drivers responsible in a no-contact motorcycle accident. This is due in large part because many drivers do not stop. Often, the failure of the driver to stop stems from their ignorance of causing the accident, rather than willfully leaving the scene of the accident. Unless the biker has the ability to obtain the driver’s license plate or get a description of the vehicle, it is difficult for law enforcement to locate the at-fault driver. While law enforcement will treat the situation as a hit-and-run and will work to locate the at-fault driver, it could take time for this to happen, leaving the biker without compensation for their injuries and damages. Accordingly, bikers must rely on their own insurance to assist them with covering the costs associated with any property damage and any medical costs. Once the at-fault driver is located, the biker can then pursue a lawsuit against that driver.
Wittmer|Linehan is here to help you or your loved one in the event of a no-contact motorcycle accident. It is important to understand that motorcycle accident claims are subject to a statute of limitations. These statutes limit the amount of time that a person has to file a personal injury claim. The knowledgeable attorneys at Wittmer|Linehan have represented many bikers and their families in the Sarasota, Florida area. Our attorneys understand special insurance laws and regulations that may help you maximize your recovery and pay for medical care. To receive a free case evaluation, call us today at (941) 365-2296.