Can I Sue for a No Contact Motorcycle Accident Injury?

Most motorcycle crashes happen when negligent drivers hit the motorbike or fail to yield. However, in some cases, a rider can suffer severe injuries as a result of a no contact motorcycle accident. In this situation, it is difficult to figure out if you can sue for damages. The best decision is to consult with an experienced Douglasville motorcycle accident lawyer.

In this blog article, we will explain how no contact motorcycle crashes happen and what to do in order to increase your chances of getting compensation.

What Exactly Is a No Contact Motorcycle Accident?

When a pedestrian steps into the road without making sure that the traffic signals allow them to do so, a motorcycle driver may have to swerve or brake suddenly to avoid hitting them. The same thing happens when a car driver suddenly changes lanes, tailgates the motorbike rider or shows other instances of distracted or aggressive driving.

In the attempt to avoid a collision, the motorcyclist may crash the vehicle into an object on the side of the road or simply get thrown off the bike when they swerve or apply the brakes on short notice.

These are the most common examples of no contact motorcycle accidents.

Challenges in Proving Liability after a No Contact Motorbike Crash

Who is at fault after an accident where there was no contact between the motorcycle and the car? Everyone would say that the driver who forced the motorbike riders to crash their bike. However, there are many challenges here.

Here are just a few:

There Is Little Physical Evidence Available

Since the car did not hit the motorcycle, it has no damages. Also, since the driver did nothing to avoid the motorbike rider, there are no skid marks on the road from their tires. Thus, the driver and their insurance company will claim no liability for the accident.

Fortunately, a skilled lawyer may identify other types of evidence to prove your case, such as:

  • Eyewitness testimonies
  • CCTV camera footage
  • The car driver’s record of traffic violations due to distracted or aggressive driving
  • The Breathalyzer test proving the driver was under the influence of alcohol.

a driver can cause a motorbike crash even if they don't hit it

The Phantom Driver Scenario

Another problem after a no contact motorcycle accident is that the driver may choose to flee the scene of the crash without even slowing down to see what happened. Other drivers are not even aware that their actions caused you to crash your bike.

This is the phantom driver scenario – one that happens very often. In this case, you will need to talk to a skilled Douglasville motorcycle accident lawyer to understand your legal options. If the driver cannot be identified, you may have to file a claim against your own insurance.

Steps to Take after a No Contact Motorcycle Crash

In this specific type of accident, it is extremely important to gather as much information as you can. Following the best practices recommended by the Office of Commissioner of Insurance and Safety Fire, remember to do the following:

  • Call 9-1-1 to report your crash and ask the officers when the accident report will be ready and how to obtain it
  • Take photos and videos at the accident scene – if possible of the vehicle that forced you to crash the motorcycle
  • Contact your own insurance company to report the accident and learn about their specific procedure for filing a claim
  • Seek medical attention immediately after the crash – even if you feel fine, you may have severe internal injuries
  • Do not discuss fault with anyone, especially an insurance adjuster
  • Contact a skilled lawyer as soon as possible – the statute of limitations for filing a lawsuit is only 2 years after the date of the accident

Schedule a Free Case Review with a Douglasville Motorcycle Accident Lawyer!

After a no contact motorcycle accident, proving another party’s liability is extremely challenging. However, no challenge is too difficult for an experienced Douglasville motorcycle accident lawyer at Hartley, Rowe & Fowler.

We will analyze your evidence and offer you a reliable legal opinion. Even if you may not be able to sue someone else, we will still help you get compensation from your insurance company.

As a new client, we offer you a free case evaluation, so call us at 678-825-6004!

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