Who Is Liable For A No-Contact Motorcycle Accident?
When you find yourself in an accident while on your motorcycle, you don't necessarily have to come in contact with another motorist. Many motorcycle accidents are the result of one driver being reckless and this leads to another driver panicking, losing control, and crashing their motorcycle. If this is the case for you, it's especially important to hire a motorcycle accident lawyer to help you with your case.
Why You're in More Danger as a Motorcyclist
As a motorcyclist, you do not have the same protections that a driver would have. As a result, if you fall off your motorcycle, you are likely to suffer serious injuries. This might happen after you are forced to perform a dangerous maneuver because of the actions of another driver.
You might need to swerve your vehicle to avoid colliding with another driver. However, the act of swerving suddenly makes it more difficult to stabilize your bike and you might end up hitting something else.
The Driver Is Still Responsible
You are still allowed to hold a driver accountable for your accident if you had a no-contact accident. You will need to prove that the other driver was negligent. For example, if the driver suddenly changed lanes and you had to move suddenly to avoid a collision, the driver would be held responsible especially if they did not signal before changing lanes.
How to Prove Negligence
Because there was no collision, an auto insurance provider might try to argue that the driver was not at fault for the accident. You will have to prove that the accident would not have occurred if not for the negligent action of the other driver. You must then prove that you suffered damages. If you somehow did not injure yourself and your motorcycle was not damaged, you might not be entitled to compensation unless you are able to prove that you suffered emotional trauma as a result of the incident.
Once you have been able to prove that the other driver was negligent, your motorcycle accident lawyer can begin the process of negotiating a settlement. To be able to pursue a settlement effectively, you will need to receive treatment for your injuries and you will need to make sure that you are able to tie these injuries to the accident. The type of damages you may be entitled to are medical expenses, future medical expenses, lost wages, and pain and suffering.
Contact a local motorcycle accident lawyer to learn more.