Do I Have An Accident Claim If The Driver Didn’t Hit My Motorcycle?
Michael Babboni
Motorcycle Accidents
A driver does not have to directly hit your motorcycle for you to make an accident claim. If you lay your bike down, drive off the road, or crash into something or someone else to avoid an accident with another driver, that driver could be liable for your injuries and property damage. This type of accident is called a “no contact” accident. This type of accident brings up a lot of legal questions, so it is critical that you have an attorney to help you prove your claim.What Is A “No Contact” Motorcycle Accident?
No contact motorcycle accidents are basically when another driver causes a motorcycle accident without hitting the actual motorcycle. For example, say the driver is merging into the right hand lane, but doesn’t see the motorcycle. The motorcycle rider does see the car and swerves to get out of the way. In doing so, they end up hitting the curb and falling off their bike. Even though the motorcyclist wasn’t directly hit by the other driver, they ended up getting into a wreck. In this case, the motorcyclist would have a claim against the other driver, they would just have to prove negligence.
Negligence In “No Contact” Motorcycle Accidents
In order to get compensation for your “no contact” motorcycle accident, you have to prove “negligence.” Negligence is a legal term that means the other person is at fault for the accident. Negligence is predicated on two main concepts. The first is that the other driver had a duty to you. In this case, that duty would be to follow the rules of the road in order to reduce the risk of accident. The second concept is “reasonable care”. That means that they did not exercise reasonable care in exercising their duty. So if they were speeding, swerving, or driving drunk and caused the motorcycle accident, they were not exercising reasonable care.
Determining Negligence In “No Contact” Motorcycle Accidents
Proving negligence in a no contact motorcycle accident is more difficult than in a contact accident. First of all, in a lot of “no contact” accidents, drivers will simply drive off believing they didn’t cause the accident. This can be a huge challenge because you not only have to prove negligence, you also have to find the driver responsible. Secondly, even if the other driver stops, you have to prove that your no contact motorcycle accident was the result of their actions. You’ll have to file a police report, prove they weren’t exercising reasonable duty, and show that you didn’t simply overreact to their actions. This can be a challenge.
Why You Need An Accident Attorney For “No Contact” Motorcycle Accidents
Since negligence is hard to prove in a no contact motorcycle accident, you will need to work with an experience motorcycle accident attorney. A qualified attorney will review the circumstances of the accident. They will then collect evidence from police reports to witness testimony to physical evidence like tracks on the road, to show that the other driver’s actions lead to your accident. They will then prove your injuries were a result of that accident and help negotiate a fair settlement for those damages from the insurance company.
If you’ve been in a no contact motorcycle accident, the St. Peter’s Attorney Michael Babboni can help. With over 27 years working with motorcycle riders in the state of Florida, he will fight to show that your accident was the result of the other driver’s negligence. So even if you haven’t been directly hit by another driver, you should still contact Michael for a free case review. You may be owed compensation.