What Is A “No-Contact” Motorcycle Accident?
Michael Babboni
Motorcycle Accidents
As a biker, there is always that chance that to avoid a collision you end up laying the bike down. This is called a “no contact” accident. In these cases, the driver of the vehicle can be held liable for your damages and injuries, even though you did not come in contact with the vehicle. You do have to prove that the driver was failing to be careful or in legal terms “negligent”.How Do I Prove The Other Driver Was Negligent In A Motorcycle Accident?
Negligence, as defined by Florida law, is the failure to exercise reasonable care. Negligence is determined by examining the “reasonable person” standard. That states a reasonable person would have acted a certain way under those circumstances. By not doing so, they are being negligent. In order to determine negligence, it is important to consult with a lawyer as usually the at fault driver’s insurance will do the investigating and their goal is to settle as quickly and cheaply as possible.
One way that negligence is determined is at the scene of the accident. When the police arrive they will look for factors that could apply to either you or the driver. They include:
● Speed Limit: Whether or not either of you going over the posted speed limit
● Under The Influence: The police officer can conduct a field sobriety test on you or the other driver if the officer has reason to believe that drugs or alcohol were a factor in the accident
● Reckless Behavior: This includes a variety of bad driving behaviors such as not using turn signals to change lanes, not checking the blind spot before merging, or following too closely.
● Distracted Driving: The driver was not paying attention to the road but instead was texting, talking on the phone, or eating.
● Violating Traffic Laws: This includes speeding, not yielding the right away, and not halting at a stop sign.
Do I Need An Lawyer To File A “No Contact” Lawsuit?
A personal injury lawyer such as the St. Pete’s Lawyer, Michael Babboni, who specializes in motorcycle accidents is vital to make sure you can prove negligence and get the compensation you deserve for the damages you have suffered in a no contact accident. An attorney that specializes in motorcycle accidents has the resources to build your case successfully. This process includes:
● Gathering Evidence: This involves interviewing witness’, official reports and taking photos of the scene of the accident.
● Collecting Medical Records: Michael Babboni and his staff will begin collecting medical reports with prognosis, your past medical records, your bills needed to document your medical damages.
● Sending A Demand Letter: Once your lawyer is satisfied that there is enough information, they will send a demand letter to the insurance company with what the lawyer feels is a reasonable amount for your damages. When the offer is returned, you and your lawyer will discuss the next course of action to be taken. In most cases, it is during this process that companies will settle.
Just because you hire a lawyer, it does not mean you will be going to trial in front of a jury. The insurance companies definitely do not want to go to trial as they are well aware that juries are not sympathetic to large insurance companies. However, if the insurance company refuses to settle for a fair amount for your injuries, you may have to file a lawsuit.
How Can The St. Pete’s Attorney Help Me?
Due to the St. Petersburg law firm’s experience and excellent reputation, most insurance companies settle out of court. With over 27 years of experience defending motorcycle accident victims in no contact accidents, we will get you the compensation you deserve. To learn more, contact us today. We offer a free case evaluation, so you have nothing to lose!