If, when the dust settles after a motorcycle accident, you realize that the other driver did not actually hit your car, what will that mean for your recovery? What are no-contact motorcycle accidents, and how can victims navigate them?
No-contact motorcycle accidents typically happen when one driver acts negligently, forcing a motorcyclist to react. While there is no contact between the two vehicles involved, the motorcyclist might hit something else and get hurt. Determining liability for such accidents can be complex, which is why victims must report them to the police. This is important, even if the at-fault driver leaves the scene, which might happen after a no-contact accident. Victims can claim damages for various losses related to a motorcycle accident, including financial and emotional damages.
To get a free and confidential review of your case from our Philadelphia motorcycle accident lawyers, call The Reiff Law Firm now at (215) 709-6940.
What Are No-Contact Motorcycle Accidents?
Most people categorize car accidents as collisions between vehicles. A no-contact motorcycle accident is a crash that does not involve vehicles coming in contact with one another. However, multiple vehicles can still be involved.
For example, suppose you were riding your motorcycle through an intersection when another driver ran a stoplight and entered the intersection. To avoid a collision, suppose you swerved and hit a telephone pole. Even though the other driver did not hit you, their negligence in running the stoplight caused the accident.
Other times, road defects cause no-contact motorcycle accidents. Motorcycles are smaller than passenger cars and trucks and cannot move over uneven or broken pavement as easily. Motorcyclists might lose control of their bikes when driving over large potholes, resulting in no-contact accidents. Icy roads in winter also pose risks to motorcyclists.
How Can You Report a No-Contact Motorcycle Accident?
If a driver acted negligently and caused an accident without hitting you, they might be more likely to flee the scene. If the other driver does not stop, should you still report the accident? How can you?
If a driver does not physically hit your car with theirs or doesn’t see the no-contact accident take place, they might not stop. If they don’t, you should call the police anyway. Report the accident and tell police officers any identifying information you remember about the car, like the make and model.
Our lawyers can then gain information from the police report, interview eyewitnesses, and review footage and photos from the accident scene to identify the at-fault driver.
Who is Liable for a No-Contact Motorcycle Accident?
Just because another driver didn’t come in contact with your motorcycle does not mean you are financially responsible for your damages. If another party is liable, we can hold them accountable.
If a road defect caused your no-contact motorcycle accident, you might have a claim against your local municipality. Our car accident lawyers can make sure you file a notice of claim within the appropriate timeframe so that you do not lose your opportunity for recovery.
Otherwise, another driver might be liable. To confirm liability for no-contact motorcycle accidents, our lawyers will review the negligent party’s conduct prior to the accident. Did they negligently merge into your lane, forcing you to swerve to avoid a collision? Did they fail to yield to your right of way? Did they check their brakes, forcing you to change direction suddenly? Any of these negligent actions might make a driver liable for your damages, even if they did not hit your car with theirs.
If another party is liable for your no-contact motorcycle crash, we can file a claim against them within the allowed timeframe. Statutes of limitations for personal injury lawsuits vary from state to state, so confirm the deadline for your case as soon as possible. If you do not file on time, the court may dismiss your lawsuit, leaving you without a pathway to recovery.
Can Victims Share Fault for No-Contact Motorcycle Accidents?
States have different rules regarding comparative fault and motorcycle accidents. Because proving fault for no-contact motorcycle accidents can be challenging, comparative fault laws might come into play in these cases.
Comparative and contributory fault rules can lower or bar a victim’s recovery if they are partially negligent. For example, Pennsylvania is a modified comparative fault state. This means that victims who are partially negligent can sue for damages if they are not more negligent than a defendant. That said, a victim’s negligence might lower their recovery.
Because no-contact motorcycle accidents are complex and do not involve a collision between vehicles, it is important to document your lack of negligence in causing the accident. Otherwise, the defendant might question your actions or whether or not you could have avoided the incident.
What Are Common Damages from No-Contact Motorcycle Accidents?
Victims of no-contact motorcycle accidents can recover various damages when they sue negligent drivers, including compensation for their medical bills, lost wages, and non-economic damages.
Having to swerve out of the way to avoid a negligent driver could put a motorcyclist at risk of serious injury. Crashing into parked cars, medians, and telephone poles might result in disastrous injuries that require medical care. Keep track of costs associated with your medical care so that our Doylestown, PA motorcycle accident lawyers can submit proof of damages in your claim. Your lawsuit against the negligent driver can cover such damages.
No-contact motorcycle accidents can still result in property damage to victims’ bikes. A motorcycle accident lawsuit can cover such damages, as well as damages for a victim’s lost wages.
Finally, if your injuries have caused you pain and suffering or have otherwise reduced your quality of life, you can likely include a request for non-economic damages in your compensation claim.
Call Our Lawyers to Discuss Your Motorcycle Crash
Call (215) 709-6940 to get a free case analysis from the Chester, PA motorcycle accident lawyers of The Reiff Law Firm.
