Good Fences And Not So Good Neighbors: Property Law 101

How A No-Contact Motorcycle Accident Works

15 June 2021 by Hunter Moore

You might assume that a motorcycle accident must involve a collision with a vehicle. However, there are many accidents that do not involve a collision at all. If a driver fails to exercise due care and you find yourself in an accident, you may be able to file a successful claim against the driver's insurance provider.

An Example of a No-Contact Accident

If you are driving in the middle lane and another driver becomes confused and drives onto the wrong lane, you might find yourself on the verge of a head-on collision. To avoid crashing, you swerve and lose control of your motorcycle. This allows you to fall off and sustain serious injuries. 

Even though you did not collide with any vehicles, the negligence of the other driver caused you to engage in a reasonable emergency maneuver to avoid a potentially deadly crash. To determine whether or not the other motorist was negligent, the judge will examine all of the circumstances leading up to the crash to determine who was at fault.

The Responsibilities of a Motorist

All motorists are responsible for following traffic laws. Some drivers will, unfortunately, drive on the wrong side of the road, make illegal U-turns, speed, fail to use traffic indicators soon enough, tailgate, perform unsafe lane changes, and fail to check their blind spots.

Drivers are also expected to make changes to their driving behaviors depending on the road conditions. If the roads are slippery or it is very foggy out, a driver is expected to slow down. All of these factors will be taken into account when determining whether the driver was negligent.

How to Gather Evidence

To prove that the other driver was negligent, you will need to gather evidence. This often requires that you interview any witnesses at the scene of the accident. Make sure to exchange contact information with everyone at the scene, ask them to write down everything they remember, and ask witnesses about whether they would like to serve as witnesses. 

You may also obtain evidence of negligence with the help of a motorcycle accident attorney who can subpoena other forms of evidence such as surveillance footage. With the evidence you are able to obtain, you may be able to prove that the driver should have operated their vehicle in a different manner based on the road conditions. Once you have your evidence assembled, you can pursue a settlement out of court or take your case to trial.

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