A car does not have to physically strike or even come into contact with a motorcycle to be at-fault for an accident. In fact, a vast majority of accidents involving motorcycles are no-contact accidents. In these incidents, a car caused the accident, but did not hit the motorcycle. Instead, the motorcycle struck another object, or was forced off the road. In some cases, these accidents turn into hit-and-runs because the driver of the vehicle was unaware that he or she even caused an accident.
If you are involved in a no-contact accident on a motorcycle, you may be entitled to compensation, depending on the circumstances of the accident.
Understanding Negligence
Negligence happens when a driver does not exercise reasonable care. Negligence is based on the reasonable person standard – that is, the person at-fault for the accident did not act in a way that a reasonable, responsible driver would. If a reasonable person would have taken similar actions that would have not led to the accident, then the driver would be considered negligent under personal injury law.
Determining a Driver’s Responsibilities in a No-Contact Accident
Drivers have a set of basic duties – such as obeying traffic laws, driving with their full attention, and never operating a vehicle while under the influence of drugs or alcohol. Drivers are also required to be aware of what is around them, especially when sharing the road with other cars and motorcycles. Drivers must look out for obstacles, such as pedestrians and traffic control signals. In general, if a driver fails to obey the laws of the road or observe these things, he or she is considered negligent.
Types of No-Contact Accidents
There are a few common types of no-contact motorcycle accidents. In some of these, the driver may be unaware that he or she even caused an accident. These types include:
- Changing Lanes – This occurs when the motorcycle is in one lane and the car in another. The driver of the car changes lanes without looking and cuts off the motorcycle or forces the rider to veer off the side of the road to avoid a collision.
- Rear Ending – The motorcycle is traveling behind a vehicle in the same lane. The car slows down, but the motorcycle does not. In order to avoid the vehicle, the motorcycle swerves or lays down the bike to avoid collision.
These are the most common types of no-contact accidents. There are instances where drivers can also cause accidents by forcing an oncoming motorcycle rider to quickly veer into another lane to avoid collision.
Were You Injured in a No-Contact Motorcycle Accident?
Unfortunately, no-contact accidents do not always have a driver to hold responsible. This is especially true when the driver was not paying attention in the first place; therefore, he or she often has no idea that an accident happened. In these cases, a rider may have to use uninsured motorist coverage on his or her insurance policy to cover property damage and medical costs until the driver can be located.
If you were injured in a motorcycle accident – whether there was contact or not – speak with the attorneys at Gladstein Law Firm in Louisville today for a free consultation. Schedule your appointment today by filling out our online contact form with your questions.
